(A) Definitions. For the purpose of this Article 1, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACCIDENTAL DISCHARGE. An unintentional release of a material that could potentially violate the requirements of §§ 5-1-1-4(C), (D) and (E).
(2) ACT. The Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq., also known as the CLEAN WATER ACT or C.W.A.
(3) ADMINISTRATOR. The Regional Administrator of Region 5, U.S. Environmental Protection Agency or the Commissioner of the Indiana Department of Environmental Management or its successor, provided the state agency has a pretreatment program approved by the EPA.
(4) APPLICABLE PRETREATMENT STANDARD. For any specified pollutant, shall mean the City’s prohibitive discharge standards, the City’s specific limitations on discharges, the State of Indiana pretreatment standards or the federal general or categorical pretreatment standards (when effective), whichever standard is most stringent.
(5) APPROVAL AUTHORITY. The Administrator.
(6) ASTM. The American Society for Testing and Materials.
(7) AUTHORIZED REPRESENTATIVE. Of industrial user, shall be:
(a) A responsible corporate officer if the industrial user is a corporation. A
RESPONSIBLE CORPORATE OFFICER shall mean:
1. A president, vice president, treasurer or secretary 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. A manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively;
(c) A principal executive officer or ranking elected official when the industrial user is a state, federal or other public agency. For purposes of this section, a
PRINCIPAL EXECUTIVE OFFICER OF A FEDERAL AGENCY includes:
1. The chief executive officer of the agency; or
2. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA).
(d) An individual duly authorized by the person designated in divisions (a), (b) or (c) above, provided:
1. The authorization is made in writing by the individual described in divisions (a), (b) or (c) above;
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, plant engineer, superintendent or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the City.
(8) BOARD. The Board of Public Works and Safety of the City of Lawrence, Indiana.
(9) BOD or BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
(10) BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from solid waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
(11) BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal and shall include that portion of the drain within the public right-of-way.
(12) CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with §§ 307(b) and (c) of the Act, being 33 U.S.C. § 1317, which apply to a specific category of industrial user.
(13) CITY. The City of Lawrence, Indiana.
(14) CITY SEWER. A sewer owned and operated by the City.
(15) COMBINED SEWER. A sewer receiving both surface runoff and sewage.
(16) COMPOSITE SAMPLE. A 24-hour composite sample. Samples may be done either manually or automatically, and continuously or discretely, with not less than 12 samples to be composited.
(17) COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(18) COUNCIL. The Common Council of Lawrence, Indiana.
(19) DEPARTMENT. The Sewer Utility of the City of Lawrence, Indiana.
(20) DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the surface waters of the State of Indiana.
(21) DIRECTOR. The Director of Wastewater Collection of the Sewer Utility of the City of Lawrence, or his or her authorized deputy, agent or representative.
(22) DISCHARGE REPORT. Any report required of an industrial user by § B.2. of the industrial discharge permit.
(23) DOMESTIC WASTEWATER. Wastewater of the type commonly introduced into a POTW by residential users.
(24) 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 the agency.
(25) FOUNDATION DRAINS. Any network of pipes, pumps or drainage mechanism located at, near or under a footing, foundation or floor slab of any building or structure that intentionally or unintentionally conveys ground water away from a building or structure.
(26) GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(27) GENERAL PRETREATMENT REGULATIONS. General Pretreatment Regulations for Existing and New Sources of Pollution, 40 C.F.R. pt. 403, as amended.
(28) 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.
(29) HEAT PUMP DISCHARGE. Water discharged from a heat pump or other device that uses water as a heat source or heat sink.
(30) IDEM. The Indiana Department of Environmental Management of the State of Indiana.
(31) INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under §§ 307(b) or (c) of the Act (33 U.S.C. § 1317), as amended, into the City’s POTW (including holding tank waste discharged into the system).
(32) INDUSTRIAL USER. Any user of the City POTW who discharges, causes or permits the discharge of non-domestic wastewater into the City POTW.
(33) INDUSTRIAL WASTEWATER. A combination of liquid and water-carried waste discharged from any industrial user’s establishment and resulting from any trade or process carried on in that establishment, including the wastewater from pretreatment facilities and polluted cooling water.
(34) INFILTRATION. The ground water entering the sewer system from the ground through means such as, but not limited to, defective or poorly constructed pipes, pipe joints, connections and manholes or from drainage pipes constructed to remove ground water from areas such as building foundations and farm fields.
(35) INFLOW. The storm and surface water entering directly into sewers from the sources such as, but not limited to, manhole covers, roof drains, basement drains, land drains, foundation drains, cooling/heating water discharges, catch basins or storm water inlets.
(36) INTERFERENCE. Any discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the City’s POTW or the POTW of the City of Indianapolis, their treatment processes or operations, or their sludge processes, use or disposal; and
(b) Therefore is a cause of a violation of any discharge limitation requirement of the City or the City of Indianapolis’ POTW NPDES 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, being 33 U.S.C. § 1345, the Solid Waste Disposal Act (S.W.D.A.), being 42 U.S.C. §§ 6901 et seq. (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (R.C.R.A.)), 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., and the Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
(37) LIFT STATION. Any arrangement of pumps, valves and controls that lifts wastewater to a higher elevation.
(38) MAY. The act referred to is permissive.
(39) NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water.
(40) 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 § 307(c) of the Act (being 33 U.S.C. § 1317) which will be applicable to the source if the 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.
(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 divisions (a)2. or (a)3. above but otherwise alters, replaces or adds to existing process or production equipment.
(c) Construction of a
NEW SOURCE 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.
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 (c)2.
(41) NH3-N or AMMONIA NITROGEN. All of the nitrogen in water, sewage or other liquid waste present in the form of ammonia, ammonia ion or in the equilibrium .
(42) NON-INDUSTRIAL USER. All users of the POTW not included in the definition of industrial user.
(43) PASS-THROUGH. A discharge which exits the City of Lawrence POTW or the POTW of the City of Indianapolis into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is determined to be a cause of a violation of any requirement of the City of Indianapolis’ POTW NPDES permit (including an increase in the magnitude or duration of a violation).
(44) PERSON. Any individual, partnership, limited liability corporation, trust, firm, company, association, society, corporation, group, governmental agency, including, but not limited to, the United States of America, the State of Indiana and all political subdivisions, authorities, districts, departments, agencies, bureaus and instrumentalities thereof, or any other legal entity, or any combination of such.
(45) pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(46) POLLUTANT. Shall mean, but is not limited to, any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical materials, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
(47) POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
(48) POTW or PUBLICLY OWNED TREATMENT WORKS. Publicly owned facilities for collecting, pumping, treating or disposing of wastewater, including sewers, lift stations, manhole stations or a wastewater treatment plant.
(49) PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into the City’s POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 C.F.R. § 403.6(d).
(50) PRETREATMENT STANDARD OR REGULATION. Any substantive or procedural requirement related to pretreatment contained in this chapter.
(51) PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
(52) 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 sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
(53) PUBLIC SEWER. Any combined or sanitary sewer or lift station located within the public right-of-way or a dedicated easement and which is controlled by public authority.
(54) RADIOACTIVE MATERIAL. Any material (solid, liquid or gas) which spontaneously emits ionizing radiation and which is regulated by the Nuclear Regulatory Commission (NRC) or the Indiana State Board of Health. This may include naturally occurring radioactive material, byproduct material, accelerator produced material, source material or special nuclear material.
(55) SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
(56) SEWAGE NORMALLY DISCHARGED BY A RESIDENCE. The liquid waste contributed by a residential living unit, and shall not exceed a volume of 10,500 gallons per month, 30 pounds of BOD per month and 35 pounds of suspended solids per month.
(57) SEWER. A pipe or conduit for carrying sewage.
(58) SEWER WORK. The connecting of any building sewer to a City sewer, the making of a significant alteration to or significant repair of a building sewer, the connecting of a building sewer to a building drain or the altering or repairing of a City sewer.
(59) SHALL. The act referred to is mandatory.
(60) SIGNIFICANT INDUSTRIAL USER or SIU.
(a) Any industrial user which is:
1. A facility regulated by a national categorical pretreatment standard and generates a process discharge;
2. A non-categorical facility with a process wastewater discharge greater than an average of 25,000 gallons per day;
3. Any industrial user with a reasonable potential to adversely affect the City’s POTW, or the City of Indianapolis’ POTW or its treatment processes or operations, or its sludge use or disposal or for violating any pretreatment standard or requirement;
4. Any other industrial user deemed to be significant by the Director on the basis that the industrial user has a reasonable potential for adversely affecting the City’s POTW or the operation of the City of Indianapolis’ POTW or for violating any pretreatment standard or requirement; or
5. Any other industrial user which contributes process wastewater which makes up 5% or more of the dry weather average hydraulic or organic capacity of the City’s POTW discharge.
(b) Upon a finding that an industrial user meeting the criteria of divisions (a)2., (a)3., (a)4. and (a)5. above has no reasonable potential for adversely affecting the City’s POTW or the operation of the City of Indianapolis’ POTW or for violating any pretreatment standard or requirement, the Director may at any time, on his or her own initiative or in response to a petition received from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that the industrial user is not a
SIGNIFICANT INDUSTRIAL USER.
(61) SLUG. Any discharge of wastewater which, in concentrations of any given constituent, as measured by a grab sample, exceeds more than five times the allowable discharge limits as specified in this chapter and/or in quantity of flow exceeds more than five times the user’s average flow rate as authorized in the user’s industrial discharge permit, for a period of duration longer than 15 minutes.
(62) STATE. The State of Indiana.
(63) STORM DRAIN or STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
(64) STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(65) SUSPENDED SOLIDS or SS. Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
(66) 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 Clean Water Act §§ 307(a) or 405(d), being 33 U.S.C. §§ 1317 and 1345, or other acts.
(67) UPSET. An exceptional incident in an industrial user’s facility, in which there is unintentional and temporary noncompliance with applicable 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.
(68) USER. Any person who contributes, causes or permits the contribution of wastewater into the City’s POTW.
(69) WASTEWATER. A combination of the liquid and water-carried pollutants from residences, commercial businesses, institutions and industrial establishments, together with those ground, surface and storm waters as may be present.
(70) WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used for treating wastewater.
(71) WASTEWATER WORKS. All facilities for collecting, pumping, treating and disposing of wastewater.
(72) WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(B) Abbreviations. The following abbreviations shall have the designated meanings.
(1) ASTM. The American Society for Testing and Materials.
(2) BOD or BOD5. Biochemical oxygen demand.
(3) C.F.R. Code of Federal Regulations, as amended.
(4) COD. Chemical oxygen demand.
(5) C.W.A. Clean Water Act, 33 U.S.C. §§ 1251 et seq.
(6) EPA. United States Environmental Protection Agency.
(7) I.A.C. Indiana Administrative Code, as amended.
(8) I.C. Indiana Code, as amended.
(9) IDEM. Indiana Department of Environmental Management.
(10) IDOH. Indiana Department of Health.
(11) l. Liter.
(12) mg. Milligrams.
(13) mg/l. Milligrams per liter.
(14) NPDES. National Pollutant Discharge Elimination System.
(15) POTW. Publicly owned treatment works.
(16) SIC. Standard industrial classification.
(17) SS. Suspended solids.
(18) S.W.D.A. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.
(19) TSS. Total suspended solids.
(20) 40 C.F.R. pt. 136. Guidelines Establishing Test Procedures for the Analysis of Pollutants.