For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED REPRESENTATIVE. A president, vice-president, secretary, treasurer, manager, general partner, proprietor, principal executive officer or director having responsibility for the overall operation of the discharging facility.
B.O.D. or (BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20º C., expressed in milligrams per liter.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, i.e. a sewer conveying wastewater from the premises of a user to the POTW.
BYPASS. The international diversion of wastestreams from any portion of an industrial user’s treatment facility. 40 C.F.R. 403.17(a)(1).
CITY. The city of Madisonville, Kentucky.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMBINED WASTESTREAM FORMULA (CWF). Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestream prior to treatment. (40CFR 403.6(e)).
CROSS-CONNECTION. Any physical connection or arrangement between two or more otherwise separate pipes or piping of the water purveyor that transports the water of the city, one of which contains potable water and the other either water of unknown or questionable safety, or any source of pipes or piping conveying any other liquid, regardless of the number or types of water valves, checks, or gauges devised as eliminators, backflow preventors, or cross-connections, whereby there may flow from one system to the other, the direction of flow depending on the pressure differential between the two systems. Cross-connections caused by antiquated plumbing due to submerged outlets, negative heads, drains, vacuums, or valves shall be considered cross-connections when sewage, pesticides, chemicals, or other liquids, other than such potable municipal water supply, may be discharged or drawn into the municipal water supply or its customers.
DEBT SERVICE. Charges levied on users of the sewage treatment system to support the annual debt service obligations of the system.
DILUTION STREAMS. For purposes of the combined wastestream formula, the average daily flow (at least a 30-day average) from: boiler blowdown streams, non-contact cooling streams, storm water streams, and demineralizer backwash streams (provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with an industrial user's regulated process wastestreams will result in a substantial reduction of that pollutant, the control authority, upon application of the industrial user, may exercise its discretion to determine whether such streams should be classified as diluted or unregulated. In its application to the control authority, the industrial user must provide engineering, production, sampling and analysis, and such other information so that the control authority can make its determination); or sanitary wastestreams where such streams are not regulated by a categorical pretreatment standard; or from any process wastestreams which were, or could have been, entirely exempted from categorical pretreatment standards pursuant to paragraph 8 of the NRDC v. Costle Consent Decree (12 ERC 1833) for one or more of the following reasons (see Appendix D of 40 CFR 403):
(1) The pollutants of concern are not detectable in the effluent from the industrial user [paragraph (8)(a)(iii)]
(2) The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects [paragraph (8)(a)(iii)]
(3) The pollutants of concern are present in amounts too small to be effectively deduced by technologies known to the Administrator [paragraph (8)(a)(iii)]; or
(4) The wastestream contains only pollutants which are compatible with the POTW [paragraph (8)(b)(i)] [40 CFR 403.6 (e)].
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
HEARING BOARD. That board appointed according to the provisions of § 52.47.
INDUSTRIAL WASTE. The liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use, or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): § 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 of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act [40 CFR 403.3].
MAYOR. The Mayor of the city or the duly appointed and authorized representative of the Mayor, including the superintendent, and City Engineer.
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 Clean Water 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 307(b) of the Clean Water Act and 40 CFR, § 403.5.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued pursuant to § 402 of the Clean Water Act (33 U.S.C. 1342).
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NEW SOURCE.
(1) The term
NEW SOURCE means 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 which will be applicable to such source if the 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 divisions (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 division 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 division.
OPERATION AND MAINTENANCE. Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing such works as designed and constructed.
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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation) [40 CFR 403.3(n)].
PERSON. Any individual, firm, company, association, society, corporation, or group.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
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 or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or other means, except as prohibited by 40 CFR § 403.6(d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that have 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 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
PURVEYOR. Any reference to the purveyor of water shall include all water districts, wholesale customers, private systems, and the like, that use water furnished and treated by the city.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
SANITARY SEWER. A sewer which carries sewage and to which storm water, surface water, and groundwater are not intentionally admitted.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production. 40 C.F.R. 403.17(a)(2).
SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwater, surface water, and storm water as may be present.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS. All facilities for collecting, pumping, treating, and disposing of sewage.
SEWER. A pipe or conduit for carrying sewage.
SHALL. Mandatory; "May" is permissive.
SIGNIFICANT INDUSTRIAL USER. Includes all categoricals, noncategoricals with an average process flow of 25,000 gallons per day (gpd) or more, noncategoricals contributing 5% or
more of the POTW's dry weather hydraulic or organic capacity, or any industrial user designated by the control authority to have a reasonable potential to adversely affect the POTW's operation [40 CFR 403.3 (t)].
SIGNIFICANT NONCOMPLIANCE. Significant noncompliance is one or more of the following:
(1) Chronic violations (exceedances 66% of the time during a six-month period) of the same pollutant parameters;
(2) Technical Review Criteria (TRC) violations [33% or more of measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the applicable limit and the TRC value (1.4 times the limit for a conventional pollutant or 1.2 times the limit for a toxic pollutant)];
(3) Any violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) A discharge of imminent endangerment to human health, welfare, or the environment, or which required the POTW to use its emergency authorities under 40 CFR 403.8 (f)(1)(vi)(B);
(5) Violations of a compliance schedule milestone by 90 days;
(6) Violations of report submittal deadlines by 30 days;
(7) Failure to report noncompliance; and
(8) Any other violation deemed significant by the control authority [40 CFR 403.8 (f)(2)(vii)].
SLUG. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration or flows during normal operations.
STORM DRAIN. Sometimes termed STORM SEWER, shall mean a sewer which carries storm and surface water and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.
SUPERINTENDENT. The Superintendent of the City Sewer Department or his authorized deputy, agent, or representative.
SUSPENDED SOLIDS. 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.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of the Clean Water Act § 307(a) or other acts. 40 C.F.R. 401.15.
USER. Any individual, firm, company, association, society, corporation, or group.
USER CHARGE. That portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
WATER METER. A water volume measuring and recording device, furnished and/or installed by a user and approved by the City of Madisonville.
('74 Code, § 27-50) (Ord. passed 1-16-78; Am. Ord. passed 2-20-84; Am. Ord. passed 9-2-86; Am. Ord. passed 8-19-91; Am. Ord. 95-03, passed 5-17-95)