Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated:
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC sections 1251 et seq.
APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, city prohibitive standards, city specific pretreatment standards, local limits, state of Idaho pretreatment standards, or EPA's categorical pretreatment standards, whichever standard is appropriate or most stringent.
APPROVAL AUTHORITY: For any specified pollutant, the state of Idaho is the approval authority.
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 operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty five million dollars ($25,000,000.00) (in second quarter 1980 dollars), if 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 his/her designee;
D. The individuals described in subsections A through C 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 having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees centigrade (20°C), usually expressed as a concentration of milligrams per liter (mg/l).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the act 1 which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405–471.
CATEGORICAL USER: A user covered by one of EPA's categorical pretreatment standards.
CITY: The city of Kimberly or the city council of Kimberly.
COLOR: The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
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. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pounds of BOD per capita, and 0.17 pounds of TSS per capita.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. environmental protection agency or, where appropriate, the regional water management division director, or other duly authorized official of said agency.
EXISTING SOURCE: For a categorical industrial user, 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, any user which is discharging wastewater prior to the effective date of the ordinance codified in this chapter.
GRAB SAMPLE: A sample which is taken from a wastestream on a one time basis without regard to the flow in the wastestream and without consideration of time.
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. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the POTW, its treatment processes or operations; b) inhibits or disrupts its sludge processes, use or disposal; or c) 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 more stringent state or local regulations): section 405 of the clean water act; the solid waste disposal act (SWDA), 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 SWDA; the clean air act; the toxic substances control act; and the marine protection, research, and sanctuaries act.
MAXIMUM ALLOWABLE DISCHARGE LIMIT: The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
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.
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; or
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 subsection A2 or A3 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 paragraph has commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous on site construction program:
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; or
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 paragraph.
NEW USER: 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 who occupies an existing building and plans to discharge wastewater to the city's collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.
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.
PERMITTEE: A person or user issued a wastewater discharge permit.
PERSON: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents or assigns. This definition includes all federal, state, or local governmental entities.
pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity or odor).
PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu or) 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 REQUIREMENT: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards, and local limits established by the POTW.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in subsections 13.16.050A and B of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW): A "treatment works", as defined by section 212 of the act 2 which is owned or used by the city of Kimberly. 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. The term also means the facility owned by the city of Twin Falls.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.)
SEWER: Any pipe, conduit ditch, or other device used to collect and transport sewage from the generating source.
SHALL, MAY: "Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER: A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater), or
2. 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
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;
C. Upon a finding that a user meeting the criteria in subsection B of this definition has no 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 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.
SLUG LOAD: Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in sections 13.16.050 through 13.16.080 of this chapter or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.
STORM WATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUPERINTENDENT: The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
TOTAL SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.
TOXIC POLLUTANT: One of the pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by EPA. under section 307 (33 USC section 1317) of the act.
TREATMENT PLANT EFFLUENT: The discharge from the POTW into waters of the United States.
USER OR INDUSTRIAL USER: A source of indirect discharge. The source shall not include "domestic user" as defined in this section.
WASTEWATER: Liquid and 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.
WASTEWATER 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.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
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. (Ord. 468 § 1.3, 1995)
Notes
| 1 | 1. 33 USC § 1317. |
| 2 | 1. 33 USC § 1292. |