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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. EPA Region V Regional Administrator.
AUTHORIZED OR DULY 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where 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) If the user is an individual or any other legal entity: the individual or a legally authorized representative, agent, or assignee.
(5) The individuals described in divisions (1) through (4), above, may designate a duly 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 Board.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 52.015(A) 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. BMPs also include alternative means (i.e., management plans) of complying with certain established categorical pretreatment standards and effluent limits.
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 degrees centigrade, usually expressed as a concentration (e.g., mg/l).
BOARD. The City Utility Service Board per I.C. 36-9-2-15 or its duly authorized representative.
CATEGORICAL INDUSTRIAL USER or CIU. A user subject to a categorical pretreatment standard or categorical standard.
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) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CHEMICAL OXYGEN DEMAND or COD. A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CITY. Marion, Indiana.
COMBINED SEWER. A sewer which carries both storm, surface and groundwater runoff and sewage.
CONTROL DOCUMENT. A letter, notice, agreement, contract, or other document used to limit, regulate, or authorize a user's discharge.
DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
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.
DISCHARGE. The introduction of pollutants into the POTW from any source.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge that is not a "new source."
GRAB SAMPLE. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
INFLOW. The water discharged to a sewer system from such sources as roof downspouts, cellar, yard and area drains, foundation drains, cooling water discharges, drainage of land, manhole covers, catch basins, storm sewers, surface runoff and street drainage.
INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at anytime, determined from the analysis of any discrete or composited sample collected, independent of the user flow rate and the duration of the sampling event.
INTERFERENCE. A discharge that, 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; or, is a cause of a violation of the Board'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: § 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.
LOCAL LIMIT. Specific discharge limits developed and enforced by the Board to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs are considered local limits.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING. The estimated maximum loading of a pollutant that can be received at a POTW's headworks from all SIUs or other controlled sources without causing pass through or interference. The maximum allowable industrial loading is calculated by applying a safety factor to the maximum allowable headworks loading and discounting for uncontrolled sources, hauled waste, and growth allowance.
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.
MONTHLY AVERAGE. The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
MONTHLY AVERAGE LIMIT. 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" measured during that month.
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 that 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;
(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 division (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 onsite 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 definition.
NONCONTACT COOLING WATER. Water used for cooling that 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 Board's NPDES permit, 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. 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, BOD, 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 § 52.015.
PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292). This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or other wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface, ground waters and unpolluted industrial waters are not intentionally admitted.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).
SIGNIFICANT INDUSTRIAL USER (SIU). Except as provided in divisions (3) and (4) of this definition, a SIU is:
(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) The Board may determine that a user subject to categorical pretreatment standards is a NSCIU rather than a SIU on a finding that the user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(a) The user, prior to Board's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(b) The user annually submits the certification statement required in § 52.113 (see 40 CFR 403.12(q)), together with any additional information necessary to support the certification statement; and
(c) The user never discharges any untreated concentrated wastewater.
(4) Upon a finding that a user meeting the criteria in division (2) of this part 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 SIU.
SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 52.015. 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.
STORM SEWER. A sewer which carries storm surface and ground water drainage but excludes sewage.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS or TSS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
USER. A source of discharge.
WASTEWATER. Liquid and water-carried 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 TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of wastewater.
(Ord. 9-2016, passed 6-7-2016)
GENERAL SEWER USE REQUIREMENTS
(A) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(B) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;
(2) Wastewater having a pH less than 5.0 or more than 12.0, or otherwise causing corrosive structural damage to the POTW or equipment;
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW or be detrimental to POTW operation, including, but not limited to, fats, oil, grease, sand, mud, rags, plastic food packaging, paper towels, and disposable wipes;
(4) Pollutants, including oxygen-demanding pollutants (BOD, and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(5) Wastewater having a temperature which will inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);
(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through or wastewater containing more than 100 mg/l on non-polar oil and grease;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(8) Trucked or hauled pollutants, except at discharge points designated by the Board in accordance with § 52.043;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, to prevent entry into the sewers for maintenance or repair, or cause air pollution;
(10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the Board's NPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;
(12) Sludges, screenings, or other residues from the pretreatment of wastes;
(13) Medical wastes, except as specifically authorized by the Board in a wastewater discharge permit;
(14) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;
(15) Detergents, surface-active agents, or other substances which might cause excessive foaming in the POTW, thereby violating the Board's NPDES permit;
(16) Wastewater causing a reading on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 10% of the lower explosive limit of the meter.
(17) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(C) Requirements.
(1) No person shall discharge any substance directly into a manhole or other opening in a city sewer other than through an approved building sewer, unless authorized by the Board.
(2) A user proposing to discharge industrial holding tank waste into a sanitary sewer must secure a permit from the Board. This permit shall state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics. If authorization is granted for discharge of that waste into a sanitary sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the Board.
(3) Inflow and unpolluted water, including but not limited to surface runoff; water from roof downspouts or foundation drains; and cooling water, process water or blow-down from cooling towers or evaporative coolers; shall not be discharged through direct or indirect connection to a sanitary sewer unless authorization is granted by the Board. If the authorization is granted for the discharge of that water into a sanitary sewer, the user shall pay the applicable user charges and fees and shall meet all other conditions required by the Board.
(4) In any new building, inflow/clear water connection to a combined sewer shall be made separate and distinct from sanitary waste connection to facilitate disconnection of the former if a separate storm sewer subsequently becomes available.
(5) The construction of combined sewers in the city sewerage system is prohibited.
(Ord. 9-2016, passed 6-7-2016)
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471. Effluent limitations promulgated by the federal act shall apply in any instance where they are more stringent than those in this chapter. The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405-471 and any future promulgated regulations are hereby incorporated.
(A) Where a categorical pretreatment standard is expressed only in terms of the concentration of a pollutant in wastewater, the Board may impose equivalent mass limits in accordance with § 52.016(D) and 40 CFR 403.6(c).
(B) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Board shall impose an alternate limit in accordance with 40 CFR 403.6(e).
(C) A CIU may obtain a net/gross adjustment to a categorical pretreatment standard in accordance with 40 CFR 403.15.
(D) When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, a CIU may request that the Board convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Board. The Board may establish equivalent mass limits only if the CIU meets all the conditions set forth in 40 CFR 403.6(c)(5).
(E) Once included in its permit, the CIU must comply with the equivalent limitations developed in this section in lieu of the promulgated categorical standards from which the equivalent limitations were derived.
(F) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
(G) Any CIU operating under a permit incorporating equivalent mass limits calculated from a production-based standard shall notify the Board within two business days after the CIU has a reasonable basis to know that the production level will significantly change within the next calendar month. Any CIU not notifying the Board of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate.
(H) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Board may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to CIUs.
(Ord. 9-2016, passed 6-7-2016)
A user shall comply with state pretreatment standards applicable to the user. If the state pretreatment standards are less stringent than the national pretreatment standards or local limits applicable to the user, the user shall comply with the more stringent standards. The state pretreatment standards, as amended from time to time, are hereby incorporated by reference into this chapter.
(Ord. 9-2016, passed 6-7-2016)
(A) The Board is authorized to establish local limits, by ordinance, order, in wastewater discharge permits, in other control documents, or in other notice to the user, pursuant to 40 CFR 403.5(c). The local limits allocation for a given pollutant shall not exceed the most recent calculated maximum allowable industrial loading for that pollutant. Local limits may be allocated to any user whose discharge exceeds or has the potential to exceed the most recent calculated domestic background concentrations.
(B) Local limits apply at the point where the wastewater is discharged to the POTW or as specified in the SIU wastewater discharge permit or other control document. All concentrations for metallic substances are for total metal unless indicated otherwise. The Board may impose mass or concentration-based limitations.
(C) The Board may develop Best Management Practices (BMPs) for any SIU or other user, as needed, to implement this chapter. BMPs may be implemented through a wastewater discharge permit, other control document, order, or other notice to the user. BMPs are pretreatment standards and enforceable under this chapter.
(Ord. 9-2016, passed 6-7-2016)
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