§ 1.4  DEFINITIONS.
   Unless a provision explicitly states otherwise, the following terms and phrases, as used in this appendix, shall have the meanings hereinafter designated.
   "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 Regional Administration of U.S. EPA Region V.
   "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 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 governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
      (4)   The individuals described in subdivisions (1) through (3), above, may designate another authorized representative if the authorization is in writing, me 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 Board.
   "BEST MANAGEMENT PRACTICES or BMPs." Schedules of activities, prohibitions of oractices maintenance procedures, and other management practices to implement the prohibitions listed in § 2.1(A) and (B) of this appendix [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
   "BIOCHEMICAL OXYGEN DEMAND or BOD." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/1).
   "BOARD." The City of Madison Board of Public Works and Safety, or any other duly authorized officials acting on its behalf.
   "BYPASS." The intentional diversion of waste streams from any portion of an Industrial User's Treatment facility.
   "CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD." Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 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 CFR Chapter I, Subchapter N, Parts 405-471.
   "CLEAR WATER FLOW." Groundwater or precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltration) or conduits (inflow).
   "COMBINED SEWER." Sewer which carries both sanitary and stormwater flow by design.
   "CONTROL AUTHORITY." Board of Public Works and Safety, the City of Madison, Indiana.
   "COUNCIL." The Common Council of the City of Madison, Indiana.
   "CITY." The City of Madison under the jurisdiction of the Madison Board of Public Works and Safety.
   "COMPOSITE SAMPLING." Method of sampling which weights sample volume with discharge flow rate.
   "DAILY MAXIMUM LIMIT." The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
   "ENVIRONMENTAL PROTECTION AGENCY or EPA." The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of said agency.
   "EXISTING SOURCE." Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
   "GRAB SAMPLE." A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
   "INDIRECT DISCHARGE or DISCHARGE." The introduction of pollutants into the POTW from any nondomestic source.
   "INSTANTANEOUS LIMIT." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
   "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 a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); 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; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
   "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.
   "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 subdivision (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined under this paragraph 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; or
         (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 paragraph.
   "NONCONTACT COOLING WATER." Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   "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 (IN0025666), including an increase in the magnitude or duration of a violation.
   "PERSON." Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, 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.
   "POLLUTANT." Dredged spoil, solid waste, 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, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD5, COD, toxicity, or odor).
   "PRETREATMENT." The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
   "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 shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
   "PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 2.1 of this appendix.
   "PUBLICLY OWNED TREATMENT WORKS or POTW." A "treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292) which 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 which convey wastewater to a treatment plant.
   "SEPTIC TANK WASTE." Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   "SEWAGE." Human excrement and gray water (household showers, dishwashing operations, etc.).
   "SIGNIFICANT INDUSTRIAL USER (SIU)."
      (1)   A user subject to categorical pretreatment standards; or
      (2)   A user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
         (b)   Contributes a process wastestream 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 Board 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 subdivision (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Board 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 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
   "SIGNIFICANT NONCOMPLIANCE (SNC)." See § 9.1 of this appendix for definitions and implementation.
   "SLUG LOAD or SLUG." Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 2.1 of this appendix. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
   "STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE." A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   "STORM WATER." Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   "SUSPENDED SOLIDS." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
   "UPSET." An exceptional incident in which there is an unintentional incident and temporary noncompliance with categorical and/or permitted pretreatment standards because of factors beyond the reasonable control of industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation.
   "USER OR INDUSTRIAL USER." A source of indirect discharge.
   "UTILITIES MANAGER." The person designated by the City of Madison Board of Public Works and Safety who is charged with certain duties and responsibilities by this appendix, or a duly authorized representative.
   "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 DISCHARGE PERMIT." A permit issued by the city to a user of the wastewater utility which establishes specific conditions and requirements.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12; Am. Ord. 2019-9, passed 12-3-19)