(A) Definitions. For the purpose of this subchapter, 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, 33 U.S.C. §§ 1251 et seq., as amended.
APPROVAL AUTHORITY. The Director of the Department of Natural Resources, who is the pretreatment program approval authority.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.
(a) As follows:
1. If the industrial 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 industrial user is a partnership or sole proprietorship, a general partner or proprietor, respectively; and
3. If the industrial 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 his or her designee.
(b) The individuals described in divisions (a)1. and (a)2. above 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.
AUTHORIZED SIGNOR OF DOCUMENTATION OF COMPLIANCE. Any individual authorized to sign documentation of compliance must have the ability to authorize funds and personnel as needed to ensure compliance with pretreatment standards.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure five days at 20°C expressed in terms of weight and concentration (milligrams per liter (mg/l)).
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL STANDARDS. National categorical pretreatment standards or pretreatment standards.
CITY. The City of Marshalltown or the City Council of Marshalltown.
COOLING WATER. The water discharged from any use, such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
CONTROL AUTHORITY. The Director of the POTW.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
DIRECTOR. The person designated by the city to supervise the operation of the publicly-owned treatment works and who is charged with certain duties and responsibilities by this subchapter, or his or her duly authorized representative.
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 such agency.
GRAB SAMPLE. A sample that 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.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the system.
INDUSTRIAL USER (I.U.). A source of non-domestic waste; any non-domestic source discharging pollutants to a POTW.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge 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 there under or more stringent state or local regulations: § 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD or STANDARD. Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to § 403.5 of the Act.
NEW SOURCE.
(a) As follows:
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 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;
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 (a)1.a. or (a)1.b. above, but otherwise alters, replaces or adds to existing process or production equipment.
(b) Construction of a NEW SOURCE has commenced if the owner or operator has begun or caused to begin as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment;
2. Significant site preparation work including cleaning, 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
3. Entered into a binding contractual obligation for the purchase of facilities or equipment that is 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.
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 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 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. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution and is a measurement of the intensity of the acidity or alkalinity of the solution.
POLLUTANT. Any dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; munitions; chemical wastes; biological materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal and agricultural waste discharged into water.
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature 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 or process changes by other means, except as prohibited by 40 C.F.R. § 403.6(d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PUBLICLY-OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) that is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this subchapter, the acronym 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.
SHALL. The act referred to is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER or MAJOR CONTRIBUTING INDUSTRIES.
(a) Applies to the following:
1. Industrial users subject to categorical pretreatment standards; and
2. Any other industrial user that:
a. Discharges an average of 25,000 gpd or more of process wastewater;
b. Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
c. Is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(b) The control authority may decide to remove any non-categorical industrial user from the list of SIGNIFICANT INDUSTRIAL USERS if the industrial facility has no reasonable potential to violate any pretreatment standards (general and specific prohibitions or local limits). The approval authority may choose to review deletions and/or require additional facilities to be listed.
(c) The control authority may reduce oversight of certain industrial users that may be reclassified as nonsignificant categorical industrial users (NCSIUs) (40 C.F.R. §§ 403.3(v)(2), 403.8(f)(2)(v) and 403.12(e)(3)(i)). Previously, all IUs falling under a federal-listed category were designated as categorical industrial users (CIUs), no matter the size of the operations. The amendment creates two additional classifications for CIUs:
1. Non-significant CIU: CIUs that consistently comply with applicable pretreatment standards consistently discharge less than 100 gpd of categorical wastewater, and never discharge any untreated concentrated wastewater may be classified as non-significant CIU. This classification reduces the monitoring requirements for an industry and does not require that the facility have a pretreatment permit. However, they must continue to comply with applicable pretreatment standards and requirements and provide annual certification of compliance.
2. Middle tier CIU: CIUs which are:<0.01% of POTW’s design dry weather hydraulic capacity or 5,000 gpd, whichever is smaller (measured by continuous effluent flow monitoring) unless the CIU is a batch discharger; 0.015 of POTW’s design dry weather treatment capacity; and <0.01% of the maximum allowable headworks loading (MAIL) for any local limits. To be eligible for classification as a middle tier CIU, the CIU must not have been in SNC for any time in the previous two years and the daily flow rates, production levels, or pollutant levels cannot vary significantly whereby reduced reporting would not be representative of operating conditions. Adoption of these classifications allows for reduced monitoring and regulatory burden for CIUs with very low flows and potential to impact the POTW.
SIGNIFICANT NON-COMPLIANCE.
(a) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(1);
(b) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(1) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH);
(c) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit or narrative standard) that the POTW 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);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority hereunder to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
(f) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(g) Failure to accurately report non-compliance; and
(h) Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD. Any pollutant, including BOD, released in a discharge at a flow rate or concentration sufficient to cause a violation of the specific discharge prohibitions in 40 C.F.R. §§ 403.5(b) to 403.12(f).
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other acts.
USER. Any person who contributes, causes or permits the contribution of wastewater into the city’s POTW.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, 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 or any portion thereof.
(B) Abbreviations. The following abbreviations shall have the designated meanings.
BOD. Biochemical oxygen demand.
C.F.R. Code of Federal Regulations.
COD. Chemical oxygen demand.
EPA. Environmental Protection Agency.
l. Liter.
Mg. Milligrams.
mg/l. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
POTW. Publicly-owned treatment works.
SIC. Standard industrial classification.
SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.
U.S.C. United States Code.
TSS. Total suspended solids.
(2013 Code, § 28-77) (Ord. 14438, passed 8-23-1993; Ord. 14899, passed 4-9-2012; Ord. 14969, passed 9-25-2017)