For the purpose of this chapter, or for terms as used in the rules and regulations adopted by the Board of Public Works and Safety to implement the provisions of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program, or the Administer of the EPA in a non-NPDES state without an approved state pretreatment program.
AUTHORITY. The Pretreatment Coordinator of the city.
AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) 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
(b) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having a gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his or her designee.
(4) The individuals described in divisions (1) through (3) 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.
AVERAGE MONTHLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges during that month.
AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
BENEFICIAL USES. These uses include, but are not limited to: domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as a concentration (e.g., mg/l).
BUILDING DRAIN or HOUSE DRAIN. The 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 building and conveys it to a point approximately three feet outside the foundation wall of the building.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 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 C.F.R. Chapter I, Subchapter N, Parts 405-471.
CHEMICAL OXYGEN DEMAND (COD). In regard to 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.
C.F.R. Code of Federal Regulations.
CITY. The City of Ligonier, Noble County, Indiana, or any duly authorized officials acting in its behalf.
CITY CODE ENFORCER/ENGINEER. The duly authorized representative of the city. The individual designated may be the Code Enforcer, Engineer, Superintendent of the wastewater treatment plant, consulting civil or environmental engineer to the city, or some similar, knowledgeable and technically qualified person.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned 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. Minor 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, fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
COMPOSITE SAMPLE. Should contain a minimum of eight 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.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for the purposes of sampling.
DISCHARGER. Any user of the sewer system who discharges or allows to be discharged any effluent into the system.
EASEMENT. An acquired legal right for the specific use of land owned by others.
E-COLIFORM. Any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
EFFLUENT DATA. The information necessary to determine the identity, amount, frequency, concentration, temperature or other characteristics of any pollutant discharged.
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.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
EXCESSIVE STRENGTH SURCHARGE. An additional charge, which is billed to users treating compatible sewage, wastes with an average strength in excess of "normal domestic sewage".
FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from the wastewater by treatment in a pretreatment facility approved by the city.
FORCE MAIN. A pipe in which wastewater is carried under pressure.
GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
GRAB SAMPLE. A sample, which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GROUND OR SHREDDED GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
HEAVY DEMAND SUBSTANCES. Substances in concentration amounts of phosphorus, ammonia, suspended solids or biochemical oxygen demand in sewage which exceed the levels established in this chapter.
IDEM. Indiana Department of Environmental Management
INCOMPAT1BLE POLLUTANT. Any pollutant, which is not a compatible pollutant, including non-biodegradable, dissolved solids, and further defined in 40 C.F.R. Part 403.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Clean Water Act, being 33 U.S.C. § 1317.
INDUSTRIAL USER. Any industrial or commercial establishment that discharges industrial (process) wastewater to a publicly owned treatment works.
INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form 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 resource carried on by any person as defined in this section, and shall further mean any waste from an industrial user as defined in this section.
INFILTRATION. The water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW. The water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. INFLOW does not include and is distinguished from "infiltration".
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
INSPECTOR. The person or persons duly authorized by the city through its Board of Public Works, to inspect and approve the installation of building sewers and their connection to the public sewer system.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any one 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 involved in a social, charitable, religious and/or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
INTERCEPTOR SEWER. A sewer line with the primary purpose to transport wastewater from collector sewers to a treatment facility.
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 the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: § 405 of the Clean Water Act, being 33 U.S.C. § 1345; the Solid Waste Disposal Act, being 42 U.S.C. § 6901, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. § 6941; 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, being 33 U.S.C. § 1251; the Toxic Substances Control Act, being 15 U.S.C. § 2601; and the Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. § 1431 and 33 U.S.C. § 1401.
MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily discharge.
MAY. The act referred to is permissive. The term indicates a discretionary condition.
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 or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, also known as the Clean Water Act 33 U.S.C. § 1347, which applies to a specific category of non-residential dischargers.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
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 § 307(c) of the Act, being 33 U.S.C. § 1347, which will be applicable to the source if those 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;
(b) The building, structure, facility or installation totally replaces the process 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 division (1)(b) or (1)(c) above but otherwise alters, replaces or adds to the existing process or production equipment.
(3) Construction of a
NEW SOURCE as defined herein 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; or
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.
NON-CONTACT COOLING WATER. Water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
NONRESIDENTIAL DISCHARGER. Any user of the sewer system who discharges a non-domestic effluent into the system by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. (Specified in 40 C.F.R. Part 403 as "industrial user".)
NORMAL DOMESTIC SEWAGE. Domestic sewage, (for the purpose of determining surcharges), shall mean wastewater or sewage having an average daily concentration as follows:
(1) Suspended solids (SS) not more than 230 mg/l;
(2) BOD not more than 230 mg/l;
(3) Ammonia-Nitrogen not more than 25 mg/l; and
(4) Phosphorus not more than one mg/l.
NPDES PERMIT. National pollution discharge elimination system permit which sets the conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to § 402 of PL 95-217, being 33 U.S.C. § 1342.
OPERATION AND MAINTENANCE EXPENSES. All annual expenses including replacement costs, related directly to operating and maintaining the sewage works as identified in Uniform System of Accounts for Wastewater Utilities or as prescribed by the state Board of Accounts under general headings Plant and Maintenance, Sewer Operation and Maintenance, Customer Accounts, Administrative and General, Insurance Taxes.
OTHER SERVICE CHARGES. Other service charges include tap charges, connection charges, area charges and other identifiable charges, other than excessive strength surcharges.
OUTLET. Any outlet, natural or constructed, which is the point of final discharge of sewage, or treatment plant effluent, into any watercourse, pond, ditch, lake or other body of surface or ground water.
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, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, this state, the United States or other legal entity, or their legal representatives, agents, or assigns. The masculine gender includes the feminine, and the singular includes the plural where indicated by context. 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 (SU).
PRETREATMENT COORDINATOR. The Superintendent of the Wastewater Treatment Plant or his or her designee.
POLLUTANT. Includes: dredged spoil, 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, agriculture and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
POLLUTION. An alteration of the quality of the wastes of the state by waste to a degree, which unreasonably affects those waters for beneficial uses or facilities, which serve beneficial uses. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT. The reduction of the amount of the pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in the wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into the sewage works.
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, prohibited discharge standards, categorical pretreatment standards and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances.
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 in any dimension.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292) that 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 that convey wastewater to a treatment plant.
PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped from one point to another.
REAL PROPERTY. All non-movable, fixed in place items, such as structures and buildings that house equipment or other items used in the wastewater treatment plant.
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or 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 PROPERTY UNIT. A building under one roof designed, arranged and used primarily for dwelling purposes by a single family.
SANITARY SEWAGE. Sewage discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions, and free from storm water, surface water and industrial wastes.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SERVICE AREA. The area, which presently or in the future, contributes sewage to the wastewater treatment plant.
SERVICE LIFE. The period of time during which a component of a wastewater treatment works will be capable of performing a function.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations and the like).
SEWAGE WORKS. All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and the wastewater treatment plant.
SEWER. A pipe or conduit for carrying sewage or other waste liquids.
(1) COMBINED SEWER. A sewer in which carries both storm, surface and ground water runoff and sewage.
(2) PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority.
(3) SANITARY SEWER. Sewers that carry sewage and to which storm, surface, ground waters and unpolluted industrial wastewaters are not intentionally admitted.
(4) STORM SEWER. A sewer that carries storm, surface and ground drainage, but excludes sewage.
SEWER ENGINEER/SUPERINTENDENT. The duly authorized representative of the city. The individual designated may be the City Code Enforcer, Superintendent of the wastewater treatment plant, consulting civil or environmental engineer to the city, or some similar, knowledgeable and technically qualified person.
SEWERAGE SYSTEM. The network of sewers and appurtenances used for collecting, transporting and pumping sewage to the wastewater treatment plant.
SIGNIFICANT INDUSTRIAL USER.
(1) A user subject to categorical pretreatment standards;
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow-down wastewater);
(b) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) 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.
(3) Upon a finding that a user meeting the criteria in division (2)(b) 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 C.F.R. § 403.8(f)(6), determine that the user should not be considered a
SIGNIFICANT INDUSTRIAL USER.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply plant or an air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under §§ 402 and 405 of the Federal Act, being 33 U.S.C. § 1342 and in the applicable requirements under §§ 3001, 3004 and 4004 of the Solid Waste Disposal Act, PL 94-580, being 42 U.S.C. §§ 6901 et seq.
SLUG LOAD or SLUG. Any discharge of a non-routine, episodic nature or at a flow rate or concentration that could cause a violation of the prohibited discharge standards.
STANDARD INDUSTRIAL CLASSIFICATION CODE or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
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.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from that precipitation, including snow melt.
STRENGTH-OF-WASTES SURCHARGES. The extra user charges for sewerage service assessed users whose sewage is of such a nature that it imposes upon the sewage works a burden greater than that covered by the basic user charge.
SUPERINTENDENT. The Superintendent of the City of Ligonier Wastewater Treatment Plant.
SURCHARGE. A charge for sewerage services, in addition to the basic user and debt service charges.
SUSPENDED SOLIDS (SS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or any other liquid, and which is removable by laboratory filtering.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to any organism will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as, defined in standards issued pursuant to § 307(a) of PL 95-217, being 33 U.S.C. § 1342.
TOXIC POLLUTANT. Those substances referred to in § 307(a) of the Act, being 33 U.S.C. § 1342, as well as any other known potential substances capable of producing toxic effects.
UNPOLLUTED WATER. Water quality that is equal or better than the effluent criteria in effect, or water that would not cause a violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the applicable standard due to factors beyond reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventative maintenance, or careless and improper operation of the facilities.
USER. Any person that discharges, or causes or permits the discharge of wastewater into the sewerage system.
USER CHARGES. A system of charges levied on users of a treatment works for the cost of operation and maintenance (including replacement) of those works.
USER CLASSES. Each recipient of municipal wastewater treatment services shall be either in the industrial class or the non-industrial class (including domestic, commercial, institutional and governmental).
INDUSTRIAL CLASS.
(a) Includes any user as determined by the Board of Works and Safety, identified in the Standard Industrial Classification Manual of 1972 Office of Management and Budget, as amended and supplemented, under the following divisions:
1. Division A: Agricultural, Forestry and Fishing;
2. Division B: Mining;
3. Division D: Manufacturing;
4. Division E: Transportation, Communications, Electric, Gas and Sanitary Services; and
5. Division I: Services.
(b) NON-INDUSTRIAL CLASS. Includes all users whose wastes are segregated domestic wastes or wastes from sanitary conveniences, where regular domestic wastes are those generated by normal domestic activity as determined by the Board of Public Works and Safety.
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 CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological and radiological parameters, including volume flow rate, and other parameters that serve to define, classify or measure the contents, quality and strength of wastewater.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.
WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
(Ord. 733, passed 12-10-2007; Ord. 817-2012, passed 8-13-2012)