(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or THE ACT. The federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(1) A responsible corporate officer means:
(a) A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function or any person who performs similar policy or decision-making functions for the corporation; or
(b) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars);
(2) A general partner or proprietor if the user submitting reports is a partnership or sole proprietorship respectively;
(3) A duly authorized representative of the individual designated in divisions (1) or (2) above if:
(a) The authorization is made in writing by the individual described in divisions (1) or (2) above;
(b) 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, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the Superintendent.
(4) If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of division (3) above must be submitted to the Superintendent prior to or with any reports to be signed by an authorized representative.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter in domestic, commercial or industrial wastewaters as represented by the oxygen utilized over a five-day period expressed in terms of weight and concentration [milligrams per liter (mg/l)], as determined by one of the appropriate procedures stipulated in 40 CFR 136.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.
CHEMICAL OXYGEN DEMAND. The chemical oxygen demand of wastewater due to the oxygen-reducing constituents of the wastewater as determined by 40 CFR 136 approved test methods.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly-owned treatment work's KPDES permit, where the publicly-owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's KPDES permit.
COMPOSITE SAMPLE. A single sample made by combining individual wastewater samples taken at selected intervals. The sample interval may be controlled by timer or flow proportional measuring system.
CONTROL AUTHORITY. Refers to the Superintendent as defined herein.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or which the only pollutant added is heat.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
ENVIRONMENTAL PROTECTION AGENCY or 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.
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.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT. All pollutants other than compatible pollutants as defined in this section.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33, U.S.C. 1317), into the POTW (including holding tank waste discharge into the system).
INDUSTRIAL USER. A source of indirect discharge which constitutes a discharge of pollutants which are capable of causing violation of the POTW's discharge limits, receiving stream quality standards, or restricting sludge disposal methods.
INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the POTW's KPDES permit. The term includes prevention of sewage sludge use of disposal by the POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any State Sludge Management Plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
KPDES PERMIT. A permit issued to the POTW pursuant to the Kentucky Pollutant Discharge Elimination System.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of 307B of the Act and 40 CFR, Section 403.5.
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 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.
(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 (1)(a), or (1)(b) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a new source as defined under this division (3) has commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment;
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.
(b) 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 (3).
PASS-THROUGH. A discharge which exits the POTW into waters of the Commonwealth in quantities or concentration 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 KPDES discharge permit and/or 401 KAR Chapter 5:031 (including an increase in the magnitude or duration of a violation).
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.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into
water.
POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
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 discharge to a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 403.6(d).
PRETREATMENT COORDINATOR. The Pretreatment Coordinator of the Utilities Commission of Leitchfield or his duly authorized representative.
PRETREATMENT REQUIREMENTS. Any substance or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
PUBLICLY-OWNED TREATMENT WORKS (POTW). A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the Leitchfield Utilities Commission. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the Utilities Commission, users of the city POTW.
POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
SIGNIFICANT INDUSTRIAL USER.
(1) Any discharger subject to categorical pretreatment standards;
(2) Any other discharger which discharges an average of 25,000 gallons or more per day of process water (excluding sanitary, non-contact cooling and boiler blow down wastewater) to the POTW, or that contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or
(3) Any discharger that is designated as such by the Control Authority on the basis that the discharger has a discharge capable of adversely affecting the POTW's operation or for violating a pretreatment standard or requirement.
SIGNIFICANT NONCOMPLIANCE.
(1) Wastewater violations.
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 61.002.
(b) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 61.002 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit that the Control Authority believes has caused, alone or in combination with other discharges, interference (for example, slug loads) or pass-through; or has endangered the health of the POTW personnel or the public.
(d) Any discharge causing imminent endangerment of human health/welfare or the environment or resulting in the POTW's use of its emergency authority to halt or prevent such a discharge.
(2) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction, or attaining final compliance by 90 days or more after the schedule date.
(3) Failure to provide required reports within 30 days of the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations which the Control Authority considers to be significant.
SLUG. Any discharge of water, domestic wastewater or commercial or industrial wastewater which exceeds in concentration of any given constituent or in quantity of flow exceeding for any period of duration longer than 15 minutes and/or is more than five times the previous annual average 24-hour concentration of flows during normal operation.
SPILL PREVENTION CONTROL PLAN or SPCP. A spill prevention and spill control plan whose development, use, and revision may be required of all sewer system users, as provided by 40 CFR 403.8(f).
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The person designated by the Utilities Commission to supervise the operation of the publicly-owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
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 CWA 307(a) or other Acts.
USER. Any person who contributes, causes or permits the contribution of wastewater into the city POTW.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
WASTEWATER CONTRIBUTION PERMIT. As set forth in § 61.081 of this chapter.
(B) The following abbreviations shall have the designated meanings.
BOD. Biochemical oxygen demand.
CFR. Code of Federal Regulations.
COD. Chemical oxygen demand.
EPA. Environmental Protection Agency.
l. Liter.
KPDES. Kentucky Pollutant Discharge Elimination System.
mg. Milligrams.
mg/l. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
POTW. Publicly-owned treatment works.
SIC. Standard Industrial Classification.
SWDA. Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
USC. United States Code.
TSS. Total Suspended Solids.
(Ord. passed - -91; Am. Ord. 2012-02, passed 2-20-12)