(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"A" or "CYANIDE-A." Amenable to alkaline chlorination.
"ACT." The Federal Water Pollution Control Act 33 USC 1251 et. seq.
"ADMINISTRATOR." The Regional Administrator of Region V of the U.S. Environmental Protection Agency or Director in a NPDES state with an approved state pretreatment program.
"APPLICABLE PRETREATMENT STANDARDS." For any specified pollutant, city prohibitive discharge standards, city's specific limitations on discharge, the state pretreatment standards, or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.
"APPROVAL AUTHORITY." The Administrator.
"AUTHORITY." The city.
"AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER." A principal executive officer of at least the level of vice president, if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; a duly authorized representative of the individual designated above. A person is a duly authorized representative only if the authorization is made in writing to the city by a person described above.
"BASELINE REPORT." That report required by 40 CFR Section 403.12 b(1 - 7).
"BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory procedures as described in Standard Methods.
"BOARD." The Board of Public Works and Safety of the city, or any duly authorized officials acting in its behalf.
"CHEMICAL OXYGEN DEMAND (COD)." The quantity of oxygen consumed from a chemical oxidant (standard potassium dichromate solution) under standard laboratory procedures as described in Standard Methods.
"CITY." The City of Madison, Indiana, or any duly authorized officials acting in its behalf.
"CITY ENGINEER." The person employed by the city to perform engineering services.
"COMBINED WASTE STREAM FORMULA." The formula as found in 40 CFR Section 403.6 (e) (1) (i).
"COMMERCIAL." Such purpose, use, or occupancy of property as involves the provision of services or sale of goods in finished form, whether for profit or not-for-profit.
"COMPATIBLE POLLUTANT." Biochemical oxygen demand, chemical oxygen demand, FOG, suspended solids, pH, and fecal coliform bacteria; plus any additional pollutants identified in the city's NPDES permit, where the POTW treats such pollutants and, in fact, does treat such pollutants to the degrees required by the NDPES permit.
"COMPOSITE SAMPLE." A sample of wastewater based on a flow proportional or time proportional method.
"CONNECT." To make or effectuate in any manner an attachment to a sewer which results, or might result, whether directly or indirectly, in the introduction of material into such sewer.
"CONTROL AUTHORITY." USEPA until ISBOH has an approved pretreatment program, at which time ISBOH shall be the control authority, provided that the city will be the control authority when the submission of its pretreatment program has been approved as provided under 40 CFR 403.11.
"COOLING WATER." The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
"CORPORATE LIMITS." The lands presently within the boundaries or corporate area of the city, and all such lands hereafter duly annexed to and made a part thereof.
"DISCHARGE." The discharge of treated or untreated wastewater to the city POTW.
"DWELLING UNITS" or "FAMILY UNITS." A room or rooms or other living space or spaces in which cooking facilities are provided and occupied by not more than one family.
"EXISTING SOURCE." Any building, structure, facility, or installation from which there is or may be a discharge, the operation of which commenced prior to promulgation of the Pretreatment Standards under Section 307(c) of the Act which are applicable to such sources.
"FACILITY." All present and future wastewater transport and treatment sites of the city.
"FATS, OIL, OR GREASE (FOG)." Any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other material that is extracted by freon solvent.
"FECAL COLIFORM." Organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
"FLOW." Volume of wastewater discharged.
"FUNDAMENTALLY DIFFERENT FACTORS VARIANCE." A variation granted under the provisions of 40 CFR Part 403.13.
"GARBAGE." Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage, and sale of produce.
"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.
"GENERAL PRETREATMENT REGULATIONS." General Pretreatment Regulations for Existing and New Sources, 40 CFR Part 403, as amended.
"INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM)." That agency or agencies of the state, any divisions thereof or successors thereto, authorized by present and subsequent acts of the legislature thereof to regulate and control matters in respect to the management, maintenance, and operations of the city facility.
"INCOMPATIBLE POLLUTANT." All pollutants other than compatible pollutants as defined in this chapter.
"INDUSTRIAL USER." A manufacturing or process facility which is engaged in a productive or profit- making venture, or is engaged in the purchase or sale of goods, transaction of business, or who otherwise renders services to the public, but shall not include a wastewater hauler.
"INTERFERENCE."
(1) An inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any State Sludge Management Plan prepared pursuant to Subtitle D or the SWDA), the Clean Air Act, and the Toxic Substances Control Act.
(2) An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with above-cited authorities whenever such user:
(a) Discharges a daily pollutant loading in excess of that allowed by permit with the POTW or by federal, state, or local law;
(b) Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or
(c) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above-cited authorities as they apply to the POTW's selected method of sludge management.
"COUNTY HEALTH DEPARTMENT" or "COUNTY." Any duly authorized employee or agent on behalf of the Jefferson County Health Department.
"MATERIAL." Any form or mixture of liquid, solid, or gas.
"NATIONAL CATEGORICAL PRETREATMENT." Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act, and 40 CFR Section 403.5 which applies to industrial users.
"NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)." A permit issued under the National Pollutant Discharge Elimination System for Discharge of Wastewaters to the Navigable Waters or the United States pursuant to the Act.
"NEW SOURCE." Any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced:
(1) After promulgation of Pretreatment Standards under Section 307(c) of the Act which are applicable to such source; or
(2) After proposal of Pretreatment Standards in accordance with Section 307(c) of the Act which are applicable to such sources, but only if the Standards are promulgated in accordance with Section 307(c) within 120 days of their proposal.
"PASS THROUGH." The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). An industrial user significantly contributes to such permit violation where it:
(1) Discharges a daily pollutant loading in excess of that allowed by permit with the POTW or by federal, state, or local law;
(2) Discharges wastewater which substantially differs in nature or constituents from the user's average discharge;
(3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources; would result in a permit violation; or
(4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its permit and that such industrial user's discharge either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW's violations.
"PERSON." Any individual, partnership, corporation, joint stock association, or the state, a city, village, unincorporated town, or any other subdivision thereof, and includes any trustee, receiver, assignee, or personal representative thereof.
"pH." The intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration.
"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.
"POTW TREATMENT PLANT." That portion of the POTW designed to provide treatment to wastewater and sludges produced.
"PRETREATMENT." 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 such pollutants into a POTW.
"PRETREATMENT REQUIREMENTS." Any substantive or procedural requirements related to pretreatment, other than a National Categorical Pretreatment Standard, imposed on an industrial user.
"PROHIBITIVE DISCHARGE STANDARD." Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.
"PROPERTY." Any acreage, tracts, parcel, or subdivided portion of real estate, whether improved or unimproved, and whether within or without the corporate limits of the city.
"INDUSTRIAL." Such purpose, use, or occupancy of property as involves the making, manufacture, fabrication, or assembly of goods in liquid, solid, or mixed form.
"PUBLICLY OWNED TREATMENT WORKS (POTW)." A treatment works as defined by Section 212 of the Act, owned by the city. This definition includes any interceptor sewers that convey wastewater to the POTW treatment plant regardless of ownership, 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 city, users of the city's POTW.
"QUALIFIED PROFESSIONAL. An individual with working knowledge of facility processes and wastewater discharge.
"RESIDENTIAL." Such purpose, use, or occupancy of property as involves habitation and living therein of individual persons.
"SANITARY SEWAGE." Sewage discharged from the sanitary conveniences of dwellings (including apartment houses, hotels, and motels), office buildings, factories, or institutions and free from storm water, surface water, and industrial wastes.
"SEWAGE (WASTEWATER)." The water-carried wastes from residences, business buildings, institutions, and industrial establishments, singular or in any combination, together with such ground, surface, and storm waters as may be present.
"SEWER." A pipe or conduit for carrying sewage or other liquid wastes. Specific types of sewers are:
(1) "COMBINED SEWER." A sewer which carries both storm and ground-water runoff and sewage.
(2) "PUBLIC SEWER." A sewer which all owners of a building property have equal rights and which is controlled by public authority.
(3) "SANITARY SEWER." A sewer which carries sewage and to which storm, surface, and ground waters and unpolluted industrial wastewaters are not intentionally admitted.
(4) "STORM SEWER." A sewer which carries storm, surface, and groundwater drainage but excludes sewage.
"SEWER CONNECTION." The service line from a single building, or a system of service lines from more than one building on a single property, to a collection sewer.
"SEWER EXTENSION." A sewer, originating from an existing collection sewer, designed for the purpose of serving more than one property.
"SIGNIFICANT INDUSTRIAL USER." Any industrial user of the city's wastewater disposal system who has a discharge flow of 50,000 gallons or more per average work day; has a discharge flow greater than 5% of the flow in the city's wastewater treatment system; has in its wastewater incompatible pollutants as defined pursuant to Section 307 of the Act or state statutes and rules; or is found by the city, ISBOH, or USEPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
"SIGNIFICANT VIOLATOR." A person who remains in noncompliance with conditions of this chapter 45 days after notification of such noncompliance; a person that is part of a pattern of noncompliance over a 12-month period; or a person failing to accurately report noncompliance.
"SLUDGE." The settleable solids separated from the liquids during the wastewater treatment processes.
"SLUG." Any discharge of water or wastewater which in concentration of any given pollutant, as measured by a grab sample, exceeds more than three times the allowable concentrations as given in this chapter.
"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, and any other procedures recognized by the USEPA and ISBOH.
"STATE." The state, and each and every present and future department, agency, regulatory body, or subdivision thereof.
"SUPERINTENDENT" or "SUPERINTENDENT OF UTILITIES." The responsible person directly in charge of the POTW or an employee or agent acting as his authorized representative.
"T" or "CYANIDE-T." Total.
"TOTAL METALS." The sum of the concentration of Copper, Nickel, Chromium, and Zinc.
"TOTAL SOLIDS." The sum of suspended and dissolved solids.
"TOTAL SUSPENDED SOLIDS (TSS)." Total suspended matter, expressed in milligrams per liter, that either floats on the surface of, or is in suspension in water, wastewater or other liquids and is removable by laboratory filtration as prescribed in Standard Methods.
"TOTAL TOXIC ORGANICS." The summation of all quantified values greater than 0.01 milligrams per liter for the toxic organics as specified in the applicable regulation.
"UNITED STATES ENVIRONMENTAL PROTECTION AGENCY" or "USEPA." Includes the Administrator or other duly authorized official of said agency, as appropriate.
"UNPOLLUTED WATER." Water of quality equal to or better than the ISBOH effluent criteria in effect, or water that would not cause 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 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.
"USER." Any person who contributes, causes, or permits the contribution of wastewater into the city's POTW.
"WASTEWATER." The combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants, and institutions including polluted cooling water.
(1) "COMBINED WASTEWATER." Wastewater including sanitary wastewater, industrial wastewater, storm water, infiltration and inflow carried to the POTW treatment facilities by a sewer.
(2) "INDUSTRIAL WASTEWATER." A combination of liquid and water-carried waste, discharged from any industrial establishment and resulting from any trade or process carried on in that establishment including the wastewater from pretreatment facilities and polluted cooling water.
(3) "SANITARY WASTEWATER." The combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
"WASTEWATER DISCHARGE PERMIT." The document issued to a user by the city in accordance with the terms of this chapter.
"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 of Indiana or any portion thereof.
(B) The following abbreviations shall have the designated meaning:
BOD Biochemical oxygen demand
CFR Code of Federal Regulations
COD Chemical oxygen demand
FOG Fats, oils and grease
ISBOH Indiana State Board of Health
mg/l Milligrams per liter
NCPS National Categorical Pretreatment Standards
NPDES National Pollutant Discharge Elimination System
POTW Publicly-owned treatment works
PSES Pretreatment Standards for existing sources
PSNS Pretreatment Standards for new sources
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act, 42 USC 6901 et seq.
TSS Total suspended solids
TTO Total toxic organics
USC United States Code
USEPA United States Environmental Protection Agency
(Ord. 1984-35, passed 12-18-84; Am. Ord. 1990-14, passed 7-17-90)