(A) For the purpose of this article 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 Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
“AUTHORIZED REPRESENTATIVE.” An authorized representative of a user 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;
(C) 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. An authorized representative of the city may be any person designated by the city to act on its behalf.
“AVAILABLE.” As used in connection with this article, means a public sewer located at the property line or point at which connection may be made with the city sanitary sewage collection facilities.
“BASELINE MONITORING REPORT (BMR).” A report submitted by the industrial user, who is subject to categorical pretreatment standards and is currently discharging to or is scheduled to discharge to a POTW, within one hundred eighty (180) days after the effective date of a categorical pretreatment standard.
“BIOCHEMICAL OXYGEN DEMAND (BOD).” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20o C. expressed in terms of weight and concentration in milligrams per liter (mg/l).
“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 (5) feet 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, also called “house extension.”
“CATEGORICAL INDUSTRIAL USER.” An industrial user subject to categorical pretreatment standards which have been promulgated by the EPA.
“CATEGORICAL STANDARDS.” National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
“COMBINED SEWER.” Any conduit carrying both sanitary sewage and storm water or surface water.
“COMBINED WASTESTREAM FORMULA (CWF).” Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream is combined with other non- regulated wastestreams prior to treatment (40 CFR 403.7).
“COMPATIBLE POLLUTANT.” Biochemical oxygen demand, suspended solids, and fecal coliform bacteria; plus any additional pollutants identified in the POTW’s NPDES/KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW’s NYPDES/KPDES permit.
“COMPOSITE WASTEWATER SAMPLE.” A combination of individual samples of water or wastewater taken at selected intervals, generally hourly 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.
“CONCENTRATION-BASED LIMIT.” A limit based on the relative strength of a pollutant in a wastestream, usually expressed in mg/l.
“CONTROL AUTHORITY.” The entity directly administering and enforcing pretreatment standards and requirements against industrial users. The city may have an approved Pretreatment Program under the provisions of 40 CFR 403.11 and therefore, designated the Control Authority.
“COOLING WATER” or “NONCONTACT COOLING WATER.” The water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
“COUNTY HEALTH DEPARTMENT.” The Carter County Health Department and shall be applicable to that county in which the applicant resides.
“DAILY MAXIMUM.” The maximum allowable for any single observation in a given day.
“DIRECT DISCHARGE.” The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky.
“DISCHARGER.” Any person that discharges or causes a discharge to a public sewer.
“DOMESTIC WASTEWATER.” The water-carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.
“EASEMENT.” An acquired legal right for the specific use of land owned by others.
“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.
“EQUIPMENT.” All movable, non-fixed items necessary to the wastewater treatment process.
“FEDERAL PRETREATMENT STANDARDS.” Federal regulations for pretreatment of industrial wastewater under 40 CFR Part 307, 402, 403, 405, and other applicable regulations, as amended.
“FLOATABLE OIL.” Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the proper operation of the collection system.
“FLOW WEIGHTED AVERAGING FORMULA (FWA).” A procedure sued to calculate alternative limits for a categorical pretreatment standard where regulated and nonregulated wastestreams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403.
“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.” All pollutants other than “compatible pollutants” as defined above.
“INDIRECT DISCHARGE.” The introduction of pollutants into a POTW from any non- domestic source regulated under Section 307(b),(c), or (d) of the Act, (33 U.S.C. 1342).
“INDUSTRIAL USER.” A source of indirect discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to Section 402, of the Act (33 U.S.C. 1342).
“INDUSTRIAL WASTES.” The wastewater 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, or undesirable matter from normal wastes while permitting normal sewage or liquid wastes to discharge into the sewer system or drainage system by gravity. “INTERCEPTOR” as defined herein is commonly referred to as a grease, oil, or sand trap.
“INTERFERENCE.” A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(A) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(B) Therefore, if a cause of a violation of any requirement of the POTW’s KPDES permit (including an increase in the magnitude or duration of a violation), or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
“MANAGER.” The person employed by the city as Manager of the entire municipal sewer system, or his authorized deputy, agent, or representative.
“MAXIMUM DAILY CONCENTRATION.” The maximum concentration of a pollutant based on the analytical results obtained from a twenty-four (24) hour composite sample.
“MAY.” Is permissive.
“MONTHLY AVERAGE.” The maximum allowable value for the average observations obtained during one (1) month.
“MULTI-UNIT SEWER CUSTOMER.” A location served where there are two (2) or more residential units or apartments, two (2) or more businesses in the same building or complex, or where there is any combination of business and residence in the same building or complex.
“NATIONAL (or KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM” or “NPDES/KPDES PERMIT.” A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1332), or a permit issued by the Commonwealth of Kentucky 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 groundwater.
“NEW SOURCE.” Any building, structure, facility, or installation from which there is or may be the discharge of pollutants, the construction of which is commenced after the publication of proposed regulations prescribing standard of performance under Section 306 of the Act which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
“NINETY DAY COMPLIANCE REPORT.” A report submitted by an industrial user who is subject to pretreatment standards and requirements, within ninety (90) days following the date for final compliance, indicating the nature and concentration of all pollutants in the discharge.
“OPERATION AND MAINTENANCE EXPENSES.” All annual operation and maintenance expenses including replacement related directly to operating and maintaining the sewage works as shown by annual audit.
“PASS THROUGH.” A discharge which exists 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 violation of any requirement of the POTW’s KPDES permit (including an increase in the magnitude or duration of a violation).
“PERIODIC COMPLIANCE REPORT.” Reports submitted by the industrial user indicating the nature and concentration of pollutants in the effluent which are limited by categorical pretreatment standards. These reports are submitted to the city during the months of June and December unless otherwise specified by the city.
“PERSON.” 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. The masculine gender shall include the feminine, and 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 man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
“POTW TREATMENT PLANT.” That 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 or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 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 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. This term includes prohibitive discharge limits established pursuant to 40 CFR Section 403.
“PRODUCTION BASED STANDARD.” A discharge limitation expressed in terms of allowable pollutant mass discharge rate per unit of production and is applied directly to an industrial user’s manufacturing process.
“PROPERLY SHREDDED GARBAGE.” The wastes from the preparation, cooking, and dispensing of food that has 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 1/2 inch in any dimension.
“PUBLICLY OWNED TREATMENT WORKS (POTW).” A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned, in this instance, by the city. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The terms also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
“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.” Expenditures 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 such works were designed and constructed.
“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.
“SEWAGE SYSTEM” or “WORKS.” All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and POTW.
“SEWER.” A pipe or conduit that carries wastewater or drainage water.
“SEWER DEPARTMENT.” The city Sewer Department.
“SHALL.” Is mandatory.
“SIGNIFICANT USER.” All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Article I, Subarticle N; and any other industrial user that:
(A) Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(B) Contributes a process wastestream which makes up five percent (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 as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 FR 403.8(f)(6)).
“SLUG.” Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flow rate during normal operation and/or adversely affects the POTW.
“SPECIFICATIONS.” The city’s specifications for water and sewer system design, construction, and inspection, latest revision.
“STANDARD INDUSTRIAL CLASSIFICATION (SIC).” A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, U.S. Bureau of the Budget, 1972.
“STANDARD METHODS.” The examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater,” published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record 40 CFR 136.
“STATE.” The Commonwealth of Kentucky.
“STORM DRAIN” or “STORM SEWER.” A drain or sewer for conveying water, groundwater, 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 of the city or his authorized deputy, agent, or representative.
“SURCHARGE.” A charge for services in addition to the basic sewer user and debt service charges, for those users whose contributions contain Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD5) or Ammonia-nitrogen (NH3-N) in concentrations which exceed limits specified herein for such pollutants. Where authorized by the city, payment of a surcharge will authorize the discharge of the referenced pollutants so long as the discharge does not cause pass-through or interference.
“SUSPENDED SOLIDS (TSS).” Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and 40 CFR 136.
“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 Section 307(a) or other Acts.
“UNPOLLUTED WATER.” Water of quality equal to or better than the treatment works effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited 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 POTW.
“USER CHARGE.” A system of charges 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 for the cost of operation and maintenance, including replacement, of such works.
“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 CONTRIBUTION PERMIT.” As set forth in Division 6 of this article.
“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 wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or wastewater treatment plant” or “water pollution control plant” or “sewage treatment plant”.
“WATERCOURSE.” A natural or artificial channel for the passage of water either continuously or intermittently.
“WATERS OF THE STATE.” All streams, lakes, ponds, marshes, water course, waterways, wells, springs, reservoirs, aquifers, irrigation system, drainage system, 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.
(Ord. 5-1996, passed 2-12-96)