A.   Terms Defined: The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
   ACT: The clean water act (33 USC 1251 et seq.), as amended.
   APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city prohibited discharge standards, city's specific limitations on discharge, state of Idaho pretreatment standards, or the federal categorical pretreatment standards (when effective) whichever standard is appropriate or most stringent.
   APPROVAL AUTHORITY: The acting region 10, regional administrator.
   AUTHORIZED REPRESENTATIVE OF THE USER: 1. If the user is a corporation:
         a.   The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
         b.   The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
      2.   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
      3.   If the user is a federal, state, or local governmental facility: the ranking elected official, or a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or his/her designee.
      4.   The individuals described in subsections 1 through 3 of this definition may designate another 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 a position of equivalent responsibility, or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
   BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions in this chapter. BMPs also 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.
   BYPASS: The intentional diversion of waste streams from any portion of a user's treatment facility or its conveyance works.
   CATEGORICAL PRETREATMENT STANDARD: Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the act (33 USC 1317) which apply to a specific category of users and which appear in the appropriate subparts of 40 CFR chapter I, subchapter N.
   CATEGORICAL USER: A user regulated by one or more of EPA's categorical pretreatment standards.
   COMPOSITE SAMPLE: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
   COOLING WATER/NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.
   DOMESTIC USER (RESIDENTIAL USER): Any person who contributes, causes, or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit.
   EXISTING SOURCE: For a categorical industrial user, an existing source is any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
   EXISTING USER: For noncategorical users an existing user is defined as any user that is discharging wastewater prior to the effective date hereof.
   GRAB SAMPLE: A sample which is taken from a waste stream on a onetime basis without regard to the flow in the waste stream and without consideration of time.
   INDIRECT DISCHARGE: The discharge or the introduction of nondomestic pollutants into the POTW from a source regulated under section 307(b), (c) or (d) of the act.
   INDIRECT DISCHARGE PERMIT (INDUSTRIAL WASTEWATER DISCHARGE PERMIT, DISCHARGE PERMIT): An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.
   INDUSTRIAL WASTE: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
   INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, either: 1) inhibits or disrupts the POTW, its treatment processes or operations; 2) inhibits or disrupts sludge processes, use or disposal; or 3) is the cause of a violation of the discharge 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 any of the following statutory/regulatory provisions 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, and the toxic substances control act.
   MINOR INDUSTRIAL USER (MIU): A nonresidential user, with an indirect discharge to the POTW, that does not meet the criteria of a significant nondomestic user, but whose operation and discharge may warrant inspection to ensure compliance with discharge prohibitions, pretreatment facility operation, spill prevention measures, required BMPs and pollution prevention assistance.
   NPDES: National pollutant discharge elimination system permit program as administered by the USEPA or state.
   NEW SOURCE: 1. 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 section 307(c) of the act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         a.   The building, structure, facility, or installation is constructed at a site at which no other source is located; or
         b.   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
         c.   The building, structure, facility, or installation is constructed for production or wastewater generating processes, which are substantially independent of an existing source at the same site. Substantial independence shall be determined by factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source.
      2.   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 subsections 1b or 1c of this definition, but otherwise alters, replaces or adds to existing process or production equipment.
      3.   For purposes of this definition, construction of a new source is deemed to commence when:
         a.   The owner or operator of the facility has entered into a binding contractual obligation for the purchase of facilities or equipment which are 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 herein; or
         b.   The following are begun as part of a continuous on site construction:
            (1)   Any placement, assembly or installation of facilities or equipment, or
            (2)   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 facilities or equipment.
   NEW USER (NEW DISCHARGER): A new user is not a new source and is defined as a user that applies to the city for a new building permit or any person or business that occupies an existing building and plans to discharge wastewater to the city's collection system after the effective date hereof.
   NONDOMESTIC COMMERCIAL, OFFICE AND INDUSTRIAL USER; USER: A source of indirect discharge of effluent into the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. This term includes federal, state, and local facilities as part of the regulated community, and shall not include "domestic user" as defined herein.
   OTHER WASTES: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
   POTW (PUBLICLY OWNED TREATMENT WORKS): Any sewage treatment works owned and operated by the city and the sewers and conveyance appurtenances discharging thereto, whether or not owned by the city. The term also means the city of Horseshoe Bend since the U.S. environmental protection agency issues the NPDES permits to the city of Horseshoe Bend.
   PASS-THROUGH: The occurrence of an indirect 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 NPDES permit (including an increase in the magnitude or duration of a violation).
   pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.
   POLLUTANT: Any substance discharged into a POTW or its collection system which is prohibited or limited by sections 7-4-4, 7-4-5, 7-4-6, 7-4-7, and 7-4-9 of this chapter. This term includes, but is not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes.
   PRETREATMENT: The reduction of the amounts of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties at the users' location or site in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.
   PRETREATMENT REQUIREMENT: Any substantive or procedural requirement related to pretreatment, including categorical pretreatment standards and/or BMPs, imposed on user by permit.
   PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards, local limits and/or BMPs established by the city, state or federal authorities.
   PROHIBITED DISCHARGES (PROHIBITED DISCHARGE STANDARDS): Absolute prohibitions against the discharge of certain substances; these prohibitions appear in sections 7-4-4 and 7-4-9 of this chapter.
   SEPTIC TANK WASTE (SEPTAGE): Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
   SEWAGE: Water carried human wastes or a combination of water carried wastes from residences, business buildings, institutions and industrial establishments.
   SEWER: Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source.
   SHALL: Is mandatory.
   SIGNIFICANT NONCOMPLIANCE: For the purposes of this chapter, significant noncompliance shall mean:
      1.   Chronic violations of wastewater discharge limits, defined herein as those in which sixty six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined or described in this chapter;
      2.   Technical review criteria (TRC) violations, defined herein as those in which thirty three percent (33%) or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined or described in this chapter, multiplied by the applicable factor (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
      3.   Any other violation of a pretreatment standard or requirement, including instantaneous limits or narrative standard, that the city believes has caused, alone or in combination with other discharges, interference, pass-through, or endangered the health and safety of city personnel or the general public;
      4.   Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;
      5.   Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an indirect discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      6.   Failure to provide within forty five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      7.   Failure to accurately report noncompliance; or
      8.   Any other violation(s), including a violation of BMPs, which the city determines will adversely affect the operation or implementation of the city's pretreatment program.
   SIGNIFICANT NONDOMESTIC USER (SIU): Any nondomestic user of the POTW that:
      1.   Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N, or
      2.   Any other industrial user that discharges an average of three thousand five hundred (3,500) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity to the treatment facility receiving the waste; or is designated as such by the city as defined in 40 CFR 403.3(f), on the basis that the industrial user has a reasonable potential, either singly or in combination with other contributing industries, for adversely affecting the POTW's wastewater collection and treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system or for violating any pretreatment standard or requirements including BMPs and control of slug discharges.
Upon the subsequent finding that a user, which had met the above criteria, no longer has reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a written request from the user and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Upon a finding that a significant nondomestic user meets the criteria and all conditions in 40 CFR 403.3(v)(2), the city may designate the user a nonsignificant categorical nondomestic user.
   SLUG LOAD: Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in sections 7-4-4, 7-4-5, 7-4-6, and 7-4-7 of this chapter or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
   STORMWATER: Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
   THE CITY: The city of Horseshoe Bend, the Horseshoe Bend city council, an official of Horseshoe Bend, the Horseshoe Bend sewer system, the Horseshoe Bend public works director or his or her duly authorized designee, representative, or agent, or POTW.
   TOXIC POLLUTANTS: Pollutants or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under section 307 (33 USC 1317) of the act as referenced in cite 40 CFR part 423 appendix A. See http://www.epa.gov/waterscience/methods/pollutants-background.htm .
   TREATMENT PLANT OR WASTEWATER TREATMENT PLANT: That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
   UPSET: An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in sections 7-4-4, 7-4-5, 7-4-6, 7-4-7, and 7-4-9 of this chapter due to factors beyond the reasonable control of the user and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
   USER: See definition of Nondomestic Commercial, Office And Industrial User; User.
   WASTEWATER: Liquid waste results from industrial and commercial processes and municipal operations, including liquid or water carried process waste, cooling and condensing water and sanitary sewage and any other waste. Any other waste including that which may be combined with any ground water, surface water or stormwater, that may be discharged to the POTW.
   B.   Abbreviations: The following abbreviations shall have the designated meanings:
ASPP - Accidental spill prevention plan
BOD - Biochemical oxygen demand
CFR - Code of federal regulations
EPA - U.S. environmental protection agency
gpd - Gallons per day
IDP - Indirect discharge permit
LEL - Lower explosive limit
NPDES - National pollutant discharge elimination system
POTW - Publicly owned treatment works
RCRA - Resource conservation and recovery act
SIC - Standard industrial classification
SWDA - Solid waste disposal act (42 USC 6901 et seq.)
TSS - Total suspended solids
USC - United States Code
(Ord. 228, 6-10-2009)