(A) Definitions. 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 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Commissioner of the Kentucky Department of the Environmental Protection Cabinet.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(a) If the user is a corporation:
1. The president, secretary, treasurer or a vice president of the corporation in charge of the principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
2. 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 implied 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 or general permit requirements: and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the user is a partnership or sole proprietorship: a general partner or proprietor respectively.
(c) If the user is a federal, state, or local government 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.
(d) The individuals described in (a) through (c) 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 GWSC.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 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. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.]
B.O.D. or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, usually expressed as a concentration (e.g., mg/l).
BUILDING DRAIN. The 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 outside of the inner surface of the building wall.
BUILDING SEWER. The extension from the building drain to the point of connection with the public sewer or other place of disposal.
CATEGORICAL STANDARDS. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 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.
CITY. The City of Glasgow or the City Council of Glasgow.
C.O.D. or CHEMICAL OXYGEN DEMAND. The measure of the oxygen required to oxidize all compounds, both organic and inorganic.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
CONTROL AUTHORITY. The Manager of the Glasgow Water and Sewer Commission.
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.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the State of Kentucky.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of the agency.
GARBAGE. Solid waste from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce.
GRAB SAMPLE. A sample which is taken from a waste stream with no regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW, including holding tank waste discharged into the system.
INDUSTRIAL USER. A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES. The liquid waste from industrial or other technical processes.
INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city’s NPDES 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.
LOCAL LIMIT. Specific discharge limits developed and enforced by the GWSC 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).
MANAGER. The General Manager of the Glasgow Water and Sewer Commission, or his or her authorized deputy, agent or representative.
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 POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5.
NATURAL OUTLET. A watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW SOURCE.
(a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. 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 substantially independent factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(b) 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 (a)2. or 3. above but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source as defined under this definition has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program:
A. Any placement, assembly, or installation of facilities or equipment; or
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 or equipment; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 definition.
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 GWSC 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.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed 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 and certain characteristics of wastewater (e.g., pH, temperature, TSS turbidity, color, BOD, COD, toxicity, or odor).
POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW or SEWAGE 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 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 changes 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 an industrial user.
PRETREATMENT STANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.077.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has been shredded to the 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.
PUBLIC SEWER. A sewer controlled by the City of Glasgow Water and Sewer Commission to which owners of the abutting properties may have access. 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 upon private property and any sewers which are connected with the sewage system of the city to the extent of ownership by public authority.
PUBLICLY OWNED TREATMENT WORKS, POTW or WASTEWATER WORKS. A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City of Glasgow. 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. For the purposes of this chapter, POTW shall also include any sewers that convey wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.
SANITARY SEWER. A sewer which carries sewage and to which storm water, surface water and groundwater are not intentionally admitted.
SEWAGE or WASTEWATER. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm water which may be present.
SEWER. A pipe or conduit for carrying sewage.
SHALL is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the city’s wastewater disposal system who:
(a) Has a discharge flow of 25,000 gallons or more process wastewater per average workday (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or
(b) Has a flow greater than 5% of the flow in the city’s wastewater treatment system; or
(c) Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act or state statutes and rules; or
(d) Is found by the city, Kentucky Natural Resources and Environmental Protection Cabinet or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries on the wastewater treatment system, the quality of sludge, the system’s effluent quality or air emissions generated by the system; or
(e) Is subject to categorical pretreatment standards.
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 which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulation, 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.
STATE. State of Kentucky.
STORM SEWER or STORM DRAIN. A sewer which carries storm and surface water and drainage, but excludes sewage and polluted industrial waste.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
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 CWA § 307(a) or other acts.
USER. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns who contributes, causes or permits the contribution of wastewater into Glasgow’s POTW.
WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
WATERS OF THE STATE. 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.
(B) Abbreviations.
BOD | Biochemical Oxygen Demand |
BMP | Best Management Practice |
BMR | Baseline Monitoring Report |
CFR | Code of Federal Regulations |
CIU | Categorical Industrial User |
COD | Chemical Oxygen Demand |
EPA | U.S. Environmental Protection Agency |
Gpd | gallons per day |
GWSC | Glasgow Water and Sewer Commission |
IU | Industrial User |
KDEP | Kentucky Department of Environmental Protection |
Mg/l | milligrams per liter |
NPDES | National Pollutant Discharge Elimination System |
NSCIU | Non-Significant Categorical Industrial User |
POTW | Publicly Owned Treatment Works |
RCRA | Resource Conservation and Recovery Act |
SIU | Significant Industrial User |
SNC | Significant Noncompliance |
TSS | Total Suspended Solids |
U.S.C. | United States Code |
(1989 Code, § 52.002) (Ord. 1619, passed - -1984; Am. Ord. 1948, passed 3-9-1992; Am. Ord. 2647, passed 1-26-2009; Am. Ord. 2752, passed 7-25-2011)