(A) Unless the context specifically indicates otherwise, the meaning of the following terms, if used in this chapter or if used in the rules and regulations adopted by the Board to implement the provisions of this chapter shall be as follows:
"ACT." The Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500), as amended by the Clean Water Act (PL95-217) of 1977, 33 U.S.C. § 1251 et seq.
"APPROVAL AUTHORITY." The U.S. Environmental Protection Agency, Region V and/or the Indiana Department of Environmental Management.
"AUTHORIZED REPRESENTATIVE OF THE USER."
(a) If the user is a corporation:
1. 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
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 and 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 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 governmental 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) A user 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 having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
"BEST MANAGEMENT PRACTICES or BMPs." The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plan site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
"BIOCHEMICAL OXYGEN DEMAND (BOD) OF SEWAGE, SEWAGE EFFLUENT, POLLUTED WATERS, OR INDUSTRIAL WASTES." The quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20°C. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods as defined in this section.
"BOARD." The Board of Public Works and Safety of the city including any city personnel or third party contractors duly authorized to act on its behalf.
"BUILDING (OR HOUSE) DRAIN." That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the buildings and conveys it to a point approximately five feet outside the foundation wall of the building.
"BUILDING (OR HOUSE) SEWER." The pipe which is connected to the building (or house) drain at a point approximately five feet outside the foundation wall of the building and which conveys the building's discharge from that point to the public sewer or other place of disposal.
"CATCH BASIN/CURB INLET." Chambers, primarily placed under the street and parking lots, with either surface grate or curb inlet, for the purpose of admitting surface water.
"CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD." Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
"CHEMICAL OXYGEN DEMAND (COD) OF SEWAGE, SEWAGE EFFLUENT, POLLUTED WATERS, OR INDUSTRIAL WASTES." A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.
"COMBINED SEWER." A sewer intended to receive both wastewater and storm or surface water.
"COMMERCIAL USER." Any establishment listed in the Office of Management and Budget's "Standard Industrial Classification Manual" (1972 Edition) 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.
"COMPATIBLE POLLUTANT." Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus pollutants identified in the NPDES permit if the treatment works was designed to treat those pollutants, and in fact does remove those pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Incidental removals in the order of 10 to 30% are not considered substantial. Examples of the additional pollutants which may be considered compatible include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen and nitrogen compounds, and fats, oils, and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
"DAILY COMPOSITE SAMPLE." Grab samples collected at equal time intervals, no more than two hours apart, over the daily 24-hour discharge period, or testing period. Alternately, grab samples may be flow proportioned over the testing period.
"DEBT SERVICE COSTS." The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
"DEPARTMENT." The City of Huntington's Department of Public Works and Engineering Services.
"EFFLUENT." The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.
"ENVIRONMENTAL PROTECTION AGENCY or EPA." The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
"EXCESSIVE STRENGTH SURCHARGES." An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
"EXISTING SOURCE." 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.
"FECAL COLIFORM." Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
"FLOATING OIL." Oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.
"GARBAGE." Any solid wastes from the preparation, cooking, or dispensing of food and from the handling, storage, or sale of produce.
"GOVERNMENTAL USER." Any federal, state, or local governmental user of the wastewater treatment works.
"GRAB SAMPLE." A single sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
"HYDROGEN ION CONCENTRATION." See "pH."
"INCOMPATIBLE POLLUTANT." Any pollutant that is not defined as a compatible pollutant, including no biodegradeable dissolved solids.
"INDIRECT DISCHARGE or DISCHARGE." The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
"INDUSTRIAL SEWAGE." Any solid, liquid, or gaseous substance or form of energy discharged, permitted to flow, or escaping from an industrial, manufacturing, commercial, or business process or from the development, recovery, or processing of any natural resources carried on by any person, exclusive of sanitary sewage.
"INDUSTRIAL USER." Any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works. Industrial users shall be as identified in the "SICM" under Divisions A, B, D, E, or I.
"INDUSTRIAL WASTES." The wastewater discharges from industrial, trade, or business processes as distinct from employee wastes or wastes from sanitary conveniences.
"INFILTRATION." The water entering a sewer system, including building drains and sewers, from the ground, through those means as, but not limited to: defective pipes, pipe joints, connections or manhole walls. ("INFILTRATION" does not include and is distinguished from inflow.)
"INFILTRATION/INFLOW." The total quantity of water from both infiltration and inflow without distinguishing the source.
"INFLOW." Water other than wastewater that enters a wastewater system and building sewer from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm drains and sanitary sewers, catchbasins, cooling towers, stormwaters, surface run off, street wash waters, or drainage. ("INFLOW" does not include infiltration.)
"INSPECTOR." The person duly authorized by the Board to inspect and approve the installation of building sewers and their connection to the sewer system.
"INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
"INSTITUTIONAL USER." Any establishment listed in the SICM involved in a social, charitable, religious, or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
"INTERFERENCE." A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit 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 any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
"MEDICAL WASTE." Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
"NATIONAL CATEGORICAL 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 a specific category of industrial users.
"NEW SOURCE."
(a) 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:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located;
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 are substantially independent, 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, 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 division (a)2. or (a)3. of this definition, 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 including (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 facilities or equipment.
2. 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 under this division.
"NORMAL DOMESTIC SEWAGE (FOR THE PURPOSE OF DETERMINING SURCHARGES)."
(a) Wastewater or sewage having an average daily concentration as follows:
1. BOD not more than 210 milligrams per liter.
2. SS not more than 230 milligrams per liter.
(b) As defined by origin, wastewaters from segregated domestic or sanitary conveniences as distinct from wastes from industrial processes.
"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.
"NONINDUSTRIAL USER." Any governmental or residential user. The term also includes commercial, institutional, and other industrial users where it has been determined that the wastes contributed by these users is primarily segregated domestic wastes or wastes from sanitary conveniences.
"NPDES PERMIT." A permit issued under the national pollutant discharge elimination system for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of PL92-500.
"OPERATION AND MAINTENANCE COSTS." All costs, direct and indirect, necessary to provide adequate wastewater collection, transport, and treatment on a continuing basis and produce discharges to receiving waters that 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 service charges, and excessive strength surcharges.
"OUTLET." Any outlet natural or constructed, which is the point of final discharge of sewage, unpolluted drainage, storm water, or of a treatment plant effluent into any water source, pond, ditch, lake, or other body of surface or other entity.
"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 city's NPDES permit, including an increase in the magnitude or duration of a violation.
"PERSON." Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
"pH." The logarithm (to the base ten) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
"POLLUTANT." Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural, and industrial wastes, and certain characteristics of wastewater (for example, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
"PRIVATE SEWER." A sewer which is not owned by a public authority.
"PUBLIC SEWER." A sewer on or along a public right-of-way or utility easement in which all owners of abutting property have equal rights and which is controlled by the sewage works and accepted by the Board.
"PUBLICLY OWNED TREATMENT WORKS or POTW." A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the city. 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.
"PRETREATMENT." The treatment of industrial sewage from privately owned industrial sources prior to introduction into the POTW to reduce of the amount of pollutants, eliminate pollutants, or alter the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
"PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
"PRETREATMENT STANDARDS or STANDARDS." Pretreatment standards shall mean 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 § 51.063(A).
"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 sewer, with no particle greater than 1/2-inch in any dimension.
"RECEIVING STREAM." The watercourse, stream, or body of water receiving the waters finally discharged from the POTW.
"REPLACEMENT COSTS." The expenditures for obtaining and installing equipment, accessories of appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which those works were designed and constructed.
"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 and the like.
"SANITARY SEWAGE." Sewage discharged from the sanitary conveniences of dwellings (including apartment houses, hotels, and motels), office buildings, factories, or institutions and free from storm water, surface water, and industrial wastes.
"SANITARY SEWER." A sewer which carries sewage and to which storm, surface, and ground waters and unpolluted industrial wastewaters 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.
"SEPTIC TANK WASTE." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
"SERVICE CHARGE." The basic charge levied on all users of the public sewerage system for wastes which do not exceed in strength the concentration values above which a surcharge will be made.
"SEWAGE." The water-carried wastes from residences, business buildings, institutions, and industrial establishments, singular or in any combination, together with ground, surface, and storm waters as may be present.
"SEWAGE WORKS." The organization and all facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge, namely the sewerage system and the POTW.
"SEWER." A pipe or conduit for carrying sewage or other waste liquids.
"SEWER MAIN." A pipe or conduit which has been approved and accepted by the Board.
"SEWERAGE SYSTEM." The network of sewers and appurtenances used for collecting, transporting, and pumping sewage to the POTW.
"SLUG or SLUG LOAD." Any discharge of water, sewage, or industrial waste 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 flows during normal operation, or any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in § 51.063
(A).
"SLUG DISCHARGE." Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violates the POTW's regulations, local limits, or permit conditions.
"SIGNIFICANT INDUSTRIAL USER."
(a) A user subject to categorical pretreatment standards;
(b) A user that:
1. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
2. 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
3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. In determining "adversely affecting," consideration shall be given to inhibition, pass-through of pollutants, sludge contamination endangerment of the treatment plant workers, and related concerns.
(c) The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
1. The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
2. The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
3. The industrial user never discharges any untreated concentrated wastewater.
(d) Upon a finding that a user meeting the criteria in division (b) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a 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.
"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.
"STANDARD METHODS." The laboratory procedures set forth in the latest edition, at the time of analysis of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, and "Guidelines Establishing Test Procedures for Analysis of Pollutants": Regulation 40 CFR Part 136, published in the Federal Register on October 16, 1973.
"STORM SEWER." A sewer which carries storm and surface water drainage but excludes sewage.
"STORM WATER." Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
"SURCHARGE." The extra charges for sewerage service assessed customers whose sewage is of a nature that it imposes upon the sewage works a burden greater than that covered by the basic service charge.
"SUSPENDED SOLIDS." Solids which either float on the surface of or are in suspension in water, sewage, or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determinations shall be made in accordance with procedures set forth in Standard Methods.
"TOTAL REVENUE." That revenue obtained from the base charge for the use of and services rendered by the sewage works and does not include front foot assessments, permit or inspection fees, or other charges.
"TOTAL SOLIDS" or "TSS." The sum of suspended and dissolved solids.
"TOXIC AMOUNT." Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(2) of the Act.
"UNPOLLUTED WATER." Water of quality equal to or better than the 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 discharges, causes or permits a discharge of wastewater into the city's Waste Water Treatment System which includes any source of indirect discharge.
"USER CHARGE." A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of the Act.
"USER CLASS." The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (for example, residential, commercial, industrial, institutional, and governmental in the user charge system and as industrial and nonindustrial in the industrial cost recovery system).
"VOLATILE ORGANIC MATTER." The material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
"WASTEWATER." Liquid borne waste including water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
"WATERCOURSE." A channel in which a flow of water occurs either continuously or intermittently.
(B) The following abbreviations, when used in this chapter, shall have the designated meanings:
"COD." Chemical oxygen demand.
"gpd." Gallons per day.
"mg/l." Milligrams per liter.
"NPDES." National Pollutant Discharge Elimination System.
(Ord. 30-C-84, passed 10-9-84; Am. Ord. 20-C-98, passed 8-11-98; Am. Ord. 8-C-99, passed 8-10-99; Am. Ord. 12-C-03, passed 9-9-03; Am. Ord. 23-C-17, passed 11-28-17)