(A) 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. §§ 2511 et seq.
APPROVAL AUTHORITY. The Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
AUTHORIZED REPRESENTATIVE.
(a) An authorized representative of a user may be:
1. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
2. A general partner or proprietor if the user is a partnership or proprietorship, respectively; or
3. A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(b) An authorized representative of the city may be any person designated by the Commission to act on its behalf.
AVAILABLE. As used in connection with this chapter, means a public sewer located at the property line (or within 100 feet of the property line) or point at which connection may be made with city sanitary sewage collection facilities. Public sewer shall also be considered available under this chapter if the Sewerage and Water Works Commission commits to extending public sewer to the property line (or within 100 feet of the property line). If, at the time a subdivision/development of property is being made within the city, a public sewer is available to any lot in the subdivision/development or is available to any property owned by the subdivision/development owner that
is contiguous to the subdivision/development, public sewer shall be considered available to the entirety of the subdivision/development and the contiguous property.
BASELINE MONITORING REPORT (BMR). A report submitted by the industrial user, who is subject to categorical pretreatment standards and is currently discharging or is scheduled to discharge to a POTW, within 180 days after the effective date of a categorical pretreatment standard.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 52.019: Prohibited Discharges. 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.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°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 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 CONNECTION.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (U.S.C. § 1347) which applies to a specific category of industrial users.
CITY. The City of Hopkinsville; its Sewerage and Water Works Commission or other entity having responsibility for the POTW.
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 any additional pollutants identified in the POTW's NPDES/KPDES permit, where the POTW is designed to treat the pollutants and, in fact, does treat the pollutants to the degree required by the POTW's NPDES/KPDES permit.
COMPOSITE WASTE WATER SAMPLE. A combination of individual samples of water or waste water 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 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 has an approved Pretreatment Program under the provisions of 40 C.F.R. § 403.11 and is, 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 Christian 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 waste water directly to the waters of the Commonwealth of Kentucky.
DISCHARGER. Any person that discharges or causes a discharge to a public sewer.
DOMESTIC WASTE WATER. The water-carried wastes produced from noncommercial or nonindustrial activities and which result from human living processes.
EASEMENT. An acquired legal right for 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 that agency.
EQUIPMENT. All moveable, nonfixed items necessary to the waste water treatment process.
FATS, OILS and GREASE (FOG). Organic polar compounds derived from animal and/or plant sources. FOG may be referred to as "grease" or "greases".
FEDERAL PRETREATMENT STANDARDS. Federal regulations for pretreatment of industrial waste water under 40 C.F.R. parts 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 waste water by treatment in an approved treatment pretreatment facility. A waste water shall be considered free
of floatable oil if it is properly pretreated and the waste water does not interfere with the proper operation of the collection system.
FOOD SERVICE ESTABLISHMENT (FSE). Any establishment, business or facility engaged in preparing, serving or making food available for consumption. FSEs include, but are not limited to, cafes, restaurants, hotels, retirement centers, nursing homes, hospitals, prisons, grocery stores, markets, mobile food units, or other food preparation establishments. Single family residences are not a FSE, however, multi-residential facilities may be considered a FSE at the discretion of the Manager.
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 in this section.
INDIRECT DISCHARGE. The introduction of pollutants into a POTW from any nondomestic source regulated under § 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 § 402, of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES. The waste water 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 a 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 process or operations, or its sludge processes, use or disposal; and
(b) Therefore, is a cause of violation of any requirement of the POTW's NPDES/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): § 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conversation 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 Sewerage and Water Works Commission of the city of the entire municipal water and sewer system, or his or her authorized deputy, agent or representative.
MAXIMUM DAILY CONCENTRATION. The maximum concentration of a pollutant based on analytical results obtained from a 24-hour composite sample.
MONTHLY AVERAGE. The maximum allowable value for the average observations obtained during one month.
MONTHLY-UNIT SEWER CUSTOMER. A location served where there are two or more residential units or apartments, two or more businesses in the same building or complex or where there is any combination of business and residence in the same building complex.
NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES/KPDES PERMIT. A permit issued pursuant to § 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 a standard of performance under § 306 of the Act which will be applicable to the source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 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 is subject to pretreatment standards and requirements, within 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 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 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 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 or radiological integrity of the water.
POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to waste water.
PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant
properties in waste water 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 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 STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.
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 of normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
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.
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 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 waste water to a POTW treatment plant. The term also means the municipality as defined in § 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
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 the 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 WASTE WATER 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 waste water 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.
SEWERAGE AND WATER WORKS COMMISSION. The Hopkinsville Sewer Department.
SIGNIFICANT USER. All industrial users subject to categorical pretreatment standards under 40 C.F.R. Chapter I, Subchapter N; and any other industrial user that:
(a) Discharges an average of 25,000 gallons per day or more of process waste water to the POTW (excluding sanitary, noncontact cooling and boiler blowdown waste water);
(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 as defined in 40 C.F.R. § 405.12(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 C.F.R. § 403.8(f)(6).
SLUG. Any discharge of water or waste water which in concentration of any given constituent or in 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.
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 Pollution Control Federation and as set forth in the Congressional Record 40 C.F.R. part 136.
STATE. Commonwealth of Kentucky.
STORM DRAIN (sometimes termed 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.
SURCHARGE. A charge for services in addition to the basic sewer user and debt service charges.
SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension in, water, waste water or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for Examination of Water and Wastewater and 40 C.F.R. part 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 § 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 sanitary sewers and waste water treatment facilities provided.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with the categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An UPSET does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
USER. Any person who contributes, causes or permits the contribution of waste water into the POTW.
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.
WASTE WATER. 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.
WASTE WATER CONTRIBUTION PERMIT. As set forth in § 52.081 of this chapter.
WASTE WATER FACILITIES. The structures, equipment and process required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
WASTE WATER FACILITIES MANAGER. The Manager of wastewater facilities of the Sewerage and Water Works Commission or his or her authorized deputy, agent or representative.
WASTE WATER TREATMENT WORKS. An arrangement of devices and structures for treating waste water, industrial wastes and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT, WASTE WATER TREATMENT PLANT, 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, watercourses, 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.
(B) The following abbreviations shall have the designated meanings.
ADMI. American Dye Manufacturers Institute.
ASTM. American Society of Testing and Materials.
BMP. Best Management Practice.
BPJ. Best Professional Judgement.
BOD. Biochemical Oxygen Demand.
C.F.R. Code of Federal Regulations.
CWA. Clean Water Act of 1979.
EPA. Environmental Protection Agency.
FR. Federal Register.
GC/MS. Gas Chromatograph/Mass Spectrophotometer.
gpd. Gallons per day.
IU. Industrial User.
KPDES. Kentucky Pollutant Discharge Elimination System.
l. Liter.
mg. Milligrams.
mg/l. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
POTW. Publicly Owned Treatment Works.
QA. Quality Assurance.
QC. Quality Control.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard Industrial Classification.
SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.
TSS. Total suspended solids.
TTO. Total Toxic Organics.
U.S.C. United States Code.
(Ord. 7-92, passed 2-4-1992; Am. Ord. 26-2010, passed 10-19-2010; Ord. 26-2019, passed 12-17- 2019)