For the purposes of this chapter, the following definitions shall apply and supersede the definitions provided in the Lebanon Utilities General Terms and Conditions for Wastewater Service. Additional definitions are provided in the Lebanon Utilities General Terms and Conditions for Wastewater that may apply to this chapter.
ACT. The Federal Water Pollution Control Act, also known as that Clean Water Act; the primary federal law in the United States governing water pollution as amended, 33 U.S. S. § 1251 et seq.
APPROVAL AUTHORITY. The approval authority for the City of Lebanon Utilities Wastewater Department is IDEM.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the carbonaceous, biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g. mg/L) as defined in the current in Standard Methods.
BOARD. The Lebanon Utility Service Board is the governing body of the sewage system of the city, which system is a municipal utility.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD). The CBOD of sewage, sewage effluent, polluted waters or industrial wastes, shall mean the depletion of dissolved oxygen by biological organisms in a body of water in which the contribution from nitrogenous bacteria has been suppressed. The laboratory determinations of CBOD shall be made in accordance with procedures set forth in Standard Methods.
CHEMICAL OXYGEN DEMAND (COD). The COD of sewage effluent, polluted water or industrial wastes, is 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.
CITY. The City of Lebanon, Indiana.
COMPATIBLE POLLUTANTS. Wastewater having or containing:
(1) Measurable carbonaceous biochemical oxygen demand;
(2) Suspended solids;
(3) pH;
(4) Fecal coliform bacteria; or
(5) Additional pollutants identified or defined in the city's national pollutant discharge elimination system (NPDES) permit or by the state or board.
COMPOSITE SAMPLE. A composite sample should contain a minimum of four discrete samples, taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable. This sample must be thoroughly mixed for testing procedures to ensure accurate results.
COUNCIL. The Common Council of the City of Lebanon, Indiana, or any duly authorized officials acting upon its behalf.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or, where appropriate, the Region 5 Water Management Division Director, or other duly authorized official of said agency.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
FINE or PENALTY. For purposes of this chapter, these terms will be used synonymously, meaning a monetary charge or payment imposed upon a person or user that is not complying with the requirements of this chapter or has been convicted of a crime or offense. Fines or penalties are imposed by the utility to the user as part of enforcement actions.
GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food, or from the handling, storage or sale of produce.
GENERAL TERMS AND CONDITIONS OF SERVICE. The terms and conditions for services, as codified and as amended and supplemented from time to time, shall govern all wastewater service rendered or to be rendered by utility. The terms and conditions for service shall be binding upon every customer and utility, and shall constitute a part of the terms and conditions of every contract for wastewater service, whether written or oral.
GRAB SAMPLE. A sample taken on a one-time basis without consideration for flow or time.
HAULED OR TRUCKED POLLUTANTS. Wastes, including holding tank waste, which is trucked or hauled from any location prior to discharge to the POTW, collection system, or by any other conveyance.
INDIRECT DISCHARGER. A nondomestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
INDUSTRIAL USER. Means an indirect discharger.
INSPECTOR. A person authorized by the Board or the Wastewater Operations Manager to perform inspection duties assigned by them, him or her.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, does one of the following:
(1) Inhibits or disrupts the sewage works, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods.
(2) Causes odorous impacts to the sewage works.
(3) Causes a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
(4) Prevents the use of the POTW's sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent federal, state, or local laws, rules, or regulations.
(5) Section 405 of the Clean Water Act (33 U.S.C. 1345), as it may be amended.
(6) The Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), as it may be amended, including:
(a) Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), as it may be amended; and
(b) The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. 6941), as it may be amended.
(7) The Clean Air Act (42 U.S.C. 7401), as it may be amended.
(8) The Toxic Substances Control Act (15 U.S.C. 2601), as it may be amended.
LOCAL LIMIT. Specific discharge limits developed and enforces by the City of Lebanon upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5 (a)(1) and (b).
MAJOR CONTRIBUTOR. This definition is no longer applicable to the city's ordinances and has been replaced by the term significant industrial user.
MAXIMUM ALLOWABLE DISCHARGE UNIT. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent or the industrial flow rate and the duration of the sampling event.
MAY. The act referred to is both permissible and approved.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. NPDES permit now or hereafter held by the city and setting forth conditions for the discharge of any pollutants or combination of pollutants.
NORMAL DOMESTIC SEWAGE (TO DETERMINE SURCHARGES). Wastewater or sewage having an average daily concentration as follows:
(1) CBODs not more than 210 mg/L;
(2) TSS not more than 240 mg/L;
(3) FOG not more than 100 mg/L;
(4) Phosphorus not more than 1 mg/L; and
(5) TKN not more than 40 mg/L.
OPERATION AND MAINTENANCE COSTS. All costs, direct and indirect, including but not limited to, replacement costs necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and to produce discharges to receiving waters that conform with all related federal, state, and local requirements.
PASS THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, 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 individual, individuals, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agency or assigns. This definition includes all federal, state, and local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units of zero through 14.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, toxic wastes, hazardous substances, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, and agricultural wastes or any other contaminant discharged into water.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirements related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
PRETREATMENT STANDARDS. Any state pretreatment standards as established in 327 IAC 5-18-8; pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; National Categorical Pretreatment Standards incorporated by reference in 327 IAC 5-18-10.
PROCESS WASTEWATER. Any water that, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 55.302.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 55.302.
PUBLIC SEWER. A sewer owned by the city and/or utility.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works owned by the municipality and includes any devices, structures and systems used in the storage, treatment, recycling, and reclamation of sewage, sludge and compatible industrial wastes. This term also includes sewers, pipes, equipment, and other conveyances only if they convey wastewater to a POTW. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from the treatment works.
RECEIVING SEWER SYSTEM. The Lebanon Municipal Sewer System.
REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the POTW to maintain the capacity and performance for which such works were designed and constructed.
SANITARY SEWAGE. Sewage discharge from the sanitary conveniences of dwelling (including apartment houses and hotels), office buildings, factories or institutions and free from stormwater, surface water, and industrial waste.
SEWAGE. A combination or the water-carried wastes from residences, business buildings, institutions, industrial establishments or other structures.
SEWAGE WORKS. All facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge.
SEWER. A pipe or conduit laid for carrying sewage or other liquids, and solids suspended or entrained therein.
SEWERAGE (SEWER) SYSTEM. The network of municipally owned sewers and appurtenances used for collecting, transporting, and pumping wastewater to the treatment plant.
SHALL. The act referred to is mandatory.
SHREDDED GARBAGE. Garbage that is shredded to a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
SIGNIFICANT INDUSTRIAL USER (SIU). The term SIU means:
(1) Industrial users subject to pretreatment standards under 327 IAC 5-18-10.
(2) An industrial user that:
(a) Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or
(c) Is designated as such by the utility on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation, violating a pretreatment standard, or violating a requirement of 327 IAC 519-3.
(3) The approval authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 IAC 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet (2)(c) of this definition.
SIGNIFICANT NONCOMPLIANCE. Means the status of an industrial user that has caused or allowed a violation that meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violation, defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for CBOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the Wastewater Operations Manager determined has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of utility personnel or the public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the utility's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the utilities determines will adversely affect the operation or implementation of the local pretreatment program.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
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 the Water Pollution Control Federation and as set forth in the Congressional Record 40 CFR Part 136.
STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
TIME COMPOSITE SAMPLE. A sample resulting from the combination of individual samples of equal volume taken at equal intervals of time, without consideration of the volume or rate of flow.
TOTAL BIOCHEMICAL OXYGEN DEMAND (TBOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in parts per million (ppm) or milligrams per liter (mg/L).
TOTAL KJELDAHL NITROGEN (TKN). TKN is the total concentration of organic nitrogen, ammonia and ammonium in soil, water, or wastewater.
TOTAL SUSPENDED SOLIDS (TSS). 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.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with 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 pretreatment facilities, inadequate pretreatment facilities, lack of preventive maintenance, or careless or improper operation.
USER. A person who introduces into or discharges into the sewage works, including both the owner and occupant of real estate from which is introduced or discharged into the sewage works, any substance whatever.
USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of the works as may be amended from time to time by the City Council.
USER CLASSES. Each recipient of municipal wastewater treatment services shall be either in the industrial class or the nonindustrial class (including domestic, commercial, institutional and governmental).
INDUSTRIAL USER. Includes any user determined by the utility to be discharged waste resulting from any industrial or manufacturing process; from the development, recovery or processing or any natural resource or from any other process or operation which produces waste of a strength greater than sanitary waste.
NONINDUSTRIAL USER. All domestic and governmental users and those industrial, commercial and industrial users whose wastes are segregated domestic wastes or wastes from sanitary conveniences where regular domestic wastes are those wastes generated by normal domestic activity as determined by the Board.
UTILITY. Lebanon Utilities is the municipally owned wastewater utility serving the City of Lebanon, Indiana.
WASTEWATER. The liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, institutions, and industrial and manufacturing facilities, whether treated or untreated, which are contributed to the POTW.
WASTEWATER OPERATIONS MANAGER. The person designated by the utility to supervise the operation of the sewage works, POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
(Ord. 2017-06, passed 6-12-2017)