For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
ACT. The Federal Water Pollution Control Act, Pub. Law No. 92-500, being 32 U.S.C. §§ 1251 et seq., and all subsequent amendments thereunto, as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency (EPA) pursuant to the ACT.
AGENCY. The Board of Public Works and Safety of the city or its designated representative.
AMOUNTS FOR RECONSTRUCTION AND EXPANSION.
(1) Amounts which represent a minimum of 80% of the amount retained by the city together with the interest earned thereon.
(2) These AMOUNTS shall be used solely for the eligible costs of the expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of the Act. The city shall obtain the written approval of the Regional Administrator of the EPA prior to the commitment of the retained amounts for any expansion and reconstruction.
(3) The remaining 20% of retained amounts may be used at the discretion of the city.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard, whether federal, state or local, contained in this chapter and considered to be the most restrictive with which non-domestic users will be required to comply.
APPROVAL AUTHORITY. The Director in a National Pollutant Discharge Elimination System (NPDES) state with an approved state pretreatment program or the Administrator of the EPA in a non- NPDES state without an approved state pretreatment program.
AVERAGE MONTHLY DISCHARGE LIMITATION. The highest allowable average of “daily discharges” over a calender 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.
AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of “daily discharges” over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
BENEFICIAL USES. Uses which include, but are not limited to, domestic, municipal, agricultural and industrial uses, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses both tangible or intangible as specified by state or federal law.
BOARD. The Board of Public Works and Safety of the city or its designated representative.
BOD5 or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five consecutive days at 20º, expressed in milligrams per liter, as defined in Standard Methods; herein referred to as BOD.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to a community sewer.
CITY. The City of Hartford City, Indiana, acting by and through the Board of Public Works and Safety.
COD or CHEMICAL OXYGEN DEMAND. The oxygen-consuming capacity of inorganic and organic matter present as measured by a standard chemical oxidation procedure, defined in Standard Methods.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMMUNITY SEWER. A sewer owned and operated by the Agency or a city or other public agency tributary to a treatment facility by said agency.
COMPATIBLE POLLUTANT. Organic pollutants, suspended solids which can be removed by filtration or settlement or phosphorus, plus additional pollutants identified in the Agency’s National Pollutant Discharge Elimination System (NPDES) permit if the publicly-owned treatment works was both designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.
COMPOSITE SAMPLE. A COMPOSITE SAMPLE should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the composition period. More that the minimum number of discrete samples will be required where the wastewater loading is highly variable.
CONTAMINATION. Any impairment of the quality of waters such that said waters do not meet the minimum criteria of the State Pollution Control Board. CONTAMINATION shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.
CRITICAL USERS. Any users whose user classifications are identified in the Standard Industrial Classification Manual of the federal government in any Division A, B, D, E or I, and who:
(1) Has a discharge flow of 50,000 gallons or more per day;
(2) Has a flow greater than 5% of the flow in the Agency’s wastewater treatment system;
(3) Has in his or her waste pollutants found in standards issued under § 307(a) of the Act, being 33 U.S.C. § 1317(a); or
(4) Is found by the Agency to have a significant impact, either singly or in combination with other contributing industries, on the treatment or collection systems.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period which reasonably represents the calendar day for the purposes of sampling.
DEBT SERVICE COSTS. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
ELIGIBLE CAPITAL COSTS. That portion of the federal share of the EPA Grant (No. C180625-03) which is allocated to industrial users.
EPA or U.S. ENVIRONMENTAL PROTECTION AGENCY. 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.
EXCESSIVE STRENGTH SURCHARGES. An additional charge billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
FEDERAL GRANT AMOUNTS. That portion of the total construction costs for Project No. C180625-03.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooling and dispensing of food, and from the handling, storage and sale of products.
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.
GROUND GARBAGE or SHREDDED GARBAGE. Garbage which is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewage system, with no particle being greater than one-half inch in dimension.
I/I or INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant as defined in this section.
INDUSTRIAL USER. Any industrial or commercial establishment which discharges industrial, or process, wastewater to a publicly-owned treatment works.
INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.
INFLOW. The water discharged into a sewer system, including service connections from sources such as, but not limited to, roof leaders, cellars, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, storm water, surface runoff, street wash waters or drainage. INFLOW does not include and is distinguished from infiltration.
INFLUENT. The water, together with any wastes which may be present, flowing into a drain, sewer, receptacle or outlet.
INTERFERENCE. Inhibition or disruption of the POTW treatment process or operations which contributes to a violation of any requirement of the city’s NPDES permit. The term includes prevention of the requirements 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, being 42 U.S.C. §§ 6901 et seq., or more stringent state criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (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., or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of the SWDA which are applicable to the method of disposal or use employed by the POTW.
MASS EMISSION RATE. The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the MASS EMISSION RATE shall mean pounds per day of a particular constituent or combination of constituents.
MAXIMUM DAILY DISCHARGE LIMITATIONS. The highest allowable daily discharge.
METHODS FOR CHEMICAL ANALYSIS. The methods for the chemical analysis of water and wastes as defined by the EPA.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and 307(c) of the Act, being 33 U.S.C. § 1317(b) and (c), which applies to a specific category of industrial users.
NEW SOURCE. Any source the construction of which is started after the publication of proposed regulations stating that a categorical pretreatment standard will be applicable to such source, provided that the standard is promulgated within 120 days of its proposal in the Federal Register. Where the standard is promulgated later than 120 days after its proposal, a NEW SOURCE means any source the construction of which is started afer the date of promulgation of the standard.
NORMAL DOMESTIC USAGE (WASTES).
(1) Wastewater and sewage having an average daily concentration as follows:
(a) BOD not more than 250 milligrams per liter; and
(b) SS not more than 15 milligrams per liter.
(2) As defined by origin, wastewaters from segregated, domestic or sanitary conveniences are distinct from wastes from industrial processes.
NPDES PERMIT. A National Pollutant Discharge Elimination System permit, which sets the conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Pub. Law No. 95-217, § 402, being 33 U.S.C. § 1317(a).
NUISANCE. Anything which is injurious to health, indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property, or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
O & M. Operation and maintenance.
OPERATION AND MAINTENANCE COST. All costs, both direct and indirect, which are necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters which conform with all related federal, state and local requirements. These costs include replacement.
OTHER SERVICE CHARGES. Tap charges, connection charges, area charges and other identifiable charges other than user charges, debt charges and excessive strength surcharges.
PAYMENT TO THE U.S. TREASURY. The portion of the recovered amount which must be returned to the U.S. Treasury on an annual basis. The annual payments to the U.S. Treasury amount to 50% of the annual recovered amount together with the interest earned thereon.
PERSON. Any individual, firm, company, association, society, corporation, group or agency of government.
POLLUTION. An alteration of the quality of the waters of the state by wastes to a degree which unreasonably affects such waters for beneficial uses or the facilities which serve such beneficial uses. POLLUTION may include contamination.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.
PROJECT NO. C-180625. A separate construction project for the construction of the City Municipal Sewage Works. This project does not include past or future construction, equipment or other services not included in the specific project number and the approved plans.
RECOVERED AMOUNTS. The annual payment from industrial users for their share of the federal grant allocable to the cost of treating industrial waste, which is determined by dividing the amount of the total federal grant allocable to the treatment of industrial waste by the recovery period.
REPLACEMENT COSTS. The expenditure for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works in order to maintain the capacity and performance for which such works were designed and constructed.
RETAINED AMOUNTS. The portion of the recovered amounts retained by the city. The RETAINED AMOUNTS shall be equal to 50% of the recovered amounts together with the interest earned thereon.
SANITARY SEWER. Any sewer which carries sewage and industrial wastes, and to which storm water, surface water and groundwater are not intentionally admitted.
SEGREGATED DOMESTIC WASTES. Wastes from nonresidential sources resulting from normal domestic activities and measurable and set apart from industrial, trade or process discharges.
SHALL and MAY. Shall is mandatory. May is permissive.
SIC. An industrial classification based on the 1972 edition of the Standard Industrial Classifications Manual prepared by the federal government.
SLUDGE. The settleable solids separated from liquids during processing or the deposits of foreign materials on the bottoms of streams or other bodies of water.
SLUG. Any discharge of sewage or industrial wastewater which in concentrates of any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flow during normal operations.
SS or SUSPENDED SOLIDS. Solids which are visible and in suspension in the liquid as defined by the Standard Methods.
STANDARD METHODS. The Standard Methods for the Examination of Water and Wastewater.
STATE. The State of Indiana.
STORM SEWER. Any sewer which carries storm water and surface water and drainage, but which excludes sewage and industrial wastes other than unpolluted cooling water.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which, upon exposure to any organism, will cause adverse effects such as cancer, genetic mutations and physiological manifestations as defined in the standards issued pursuant to Pub. Law No. 95-217, § 307(a), being 33 U.S.C. § 1317(a).
TOXIC POLLUTANT. Those substances referred to in § 307(a) of the Act, being 33 U.S.C. § 1317(a), as well as any other known potential substances capable of producing toxic effects.
TTO or TOTAL TOXIC ORGANIC. The sum of the masses or concentrations of specific toxic organic compounds found in an industrial user’s process discharge at a concentration greater than 0.01 milligrams per liter. Each categorical standard lists the specific toxic organic compounds to be included in the summation to define TTO for the category.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the applicable standard due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly-designed treatment facilities, inadequate facilities, lack of preventative maintenance or careless or improper operation of the facilities.
USER.
(1) Any residential, commercial, governmental, institutional or industrial person whose establishment is connected to the community sewer system. The following classification of USERS is hereby established.
(a) COMMERCIAL USER. Any establishment listed in the Standard Industrial Classification Manual of the federal government which is involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(b) GOVERNMENTAL USER. Any federal, state or local governmental user of the treatment works.
(c) INDUSTRIAL USER. Any non- governmental user of the treatment works identified in the Standard Industrial Classification Manual of the federal government under the following divisions:
1. Division A: Agriculture, Forestry and Fishing;
2. Division B: Mining;
3. Division D: Manufacturing;
4. Division E: Transportation, Electric, Communications, Gas and Sanitary Services; and
5. Division I: Services.
(d) INSTITUTIONAL USER. Any establishment listed in the Standard Industrial Classification Manual of the federal government involved in social, charitable, religious or educational functions with primarily segregated domestic wastes or wastes discharged from sanitary conveniences.
(e) RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units.
(2) A Division A, B, D, E or I INDUSTRIAL USER may be excluded if it is determined that such user will introduce primarily segregated domestic waste from sanitary conveniences.
USER CHARGE. A charge levied on users for the cost of operation and maintenance of such works.
USER CLASS. The division of wastewater treatment by source, function, waste characteristics and process, or by discharge similarities, such as residential, commercial, industrial, institutional and governmental in the user charge system and as industrial and nonindustrial in the industrial cost recovery system.
WASTEWATER COLLECTION SYSTEM. The system of sewers owned, maintained, operated and controlled by the Agency.
(Ord. 972, passed 2-14-1978; Ord. 974, passed 2-14-1978; Ord. 975, passed 2-14-1978; Ord. 2020-02, passed 6-1-2020)