§ 50.117  DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   A as in CYANIDE-A.  Amenable to alkaline chlorination.
   ACT.  The Federal Water Pollution Control Act also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
   ADMINISTRATOR.  The Regional Administrator of Region V of the U.S. Environmental Protection Agency or the Director of the Illinois Environmental Protection Agency.
   APPLICABLE PRETREATMENT STANDARDS.  For any specified pollutant, the city's prohibitive discharge standards, the city's specific limitations on discharge, the State of Illinois pretreatment standards or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.
   APPROVAL AUTHORITY.  The Administrator.
   AUTHORITY.  The City of Mattoon.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
      (1)   If the industrial user is a corporation, authorized representative shall mean:
         (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;
         (b)   The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons having gross annual sales or expenditures exceeding $25 million, if the 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, an authorized representative shall mean a general partner or proprietor, respectively;
      (3)   If the industrial user is a federal, state or local governmental facility, an authorized representative shall mean 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;
      (4)   The individuals described in divisions (1) through (3) 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.
   BASELINE REPORT.  That report required by 40 CFR Section 403.12 b (1 - 7).
   BIOCHEMICAL OXYGEN DEMAND (BOD).  The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedures as described in Standard Methods.
   BUILDING DRAIN.  That part of the drainage system piping which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, which begins five feet (1.5 meters) outside the inner face of the building wall.
   BUILDING SEWER.   The extension from the building drain five feet (1.5 meters) outside the inner face of the building wall to the public sewer or other place of disposal, also called house connection or sewer service line.
   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.
   CHIEF OPERATOR.   The Chief Operator of the City of Mattoon Sewer Department or his or her authorized representative.
   CITY.  The City of Mattoon, Illinois or the City Council of Mattoon, Illinois.
   COMBINED SEWER.  A sewer, which is designed and intended to receive wastewater, storm, surface and ground water drainage.
   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 POLLUTION.  Biochemical oxygen demand, chemical oxygen demand, fats, oil or grease (FOG), suspended solids, pH, fecal coliform bacteria and any additional pollutants as are now or may in the future be specified and controlled in the city's NPDES permits for the wastewater treatment works where said works have been designed and used to reduce and remove such pollutants.
   COMPOSITE SAMPLE.  A sample of wastewater based on a flow proportional or time proportional method.
   CONNECT.  To make 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.  The federal, state and/or local agency having authority under 40 CFR Section 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.
   DISCHARGE.  The discharge of treated or untreated wastewater to the city POTW.
   EASEMENT.  An acquired legal right for the specific use of land owned by others.
   EXISTING SOURCE.  Any building, structure, facility or installation from which there is or may be a discharge, which is not a new source.
   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 and tested in accordance with approved Standard Method.
   FECAL COLIFORM.  Organisms common to the intestinal tract of man and animals whose present in sanitary sewage is an indicator of pollution.
   FLOW.  Volume of wastewater discharged per unit of time.
   FUNDAMENTALLY DIFFERENT FACTORS VARIANCE.  A variance granted under the provisions of 40 CFR Section 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 Section 403, as amended.
   IEPA (ILLINOIS ENVIRONMENTAL PROTECTION AGENCY).  That agency of the state established pursuant to Section 4 of the Illinois Environmental Protection Act (ILCS Ch. 415, Act 5, § 4), any divisions thereof, or successors thereto, authorized by present and subsequent acts of legislature thereof to regulate and control matters in respect to the management, maintenance and operations of the city POTW.
   INCOMPATIBLE POLLUTANT.  All pollutants other than a "Compatible Pollutant."
   INDIRECT DISCHARGE OR DISCHARGE.  The introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) (33 U.S.C. 1317 (b), (c) or (d)) of the Act.
   INDUSTRIAL.  Such purpose, use or occupancy of property as involves the making, manufacture, fabrication or assembly of goods in liquid, solid or mixed form.
   INDUSTRIAL USER.  A source of "Indirect Discharge," including but not limited to, a manufacturing or process facility, or other facility engaged in the purchase or sale of goods, transaction of business or who otherwise renders services to the public.
   INTERFERENCE.  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 or permits issued thereunder (or more stringent state or local 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.
   MATERIAL.  Any form or mixture of liquid, solid or gas.
   MAY.  Is permissive (see "shall").
   MILLIGRAMS PER LITER (MG/1).   A unit of the concentration of water or wastewater constituent. It is 0.001 gram of the constituent in 1,000 milliliters of water. It has replaced the unit formerly used commonly, parts per million (ppm), to which it is approximately equivalent, in reporting the result of water and wastewater analyses.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD.  Any pretreatment standard specifying quantities or concentrations of pollutants which may be discharged to a POTW by industrial users in specific industrial subcategories as established in regulations promulgated by the USEPA in 40 CFR Chapter I, Subchapter N.
   NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD OR STANDARD.   Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and 307(c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR Section 403.5.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.  A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewater to the navigable waters of the United States pursuant to the Act.
   NEW SOURCE
      (1)   Any building, 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 of the Act which will be applicable to 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 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 (3)2. or (3)3. below 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 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
            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.
         (b)   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.
   NATURAL OUTLET.  Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
   NPDES PERMIT. Permits, or equivalent documents or requirements, issued to the city under the terms of the National Pollution Discharge Elimination System section of the Federal Water Pollution Control Act.
   ORDINANCE.  Any rule, order, decree or law adopted by the City Council.
   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 the POTW is, for any reason, violating its final effluent limits in its permit and that such Industrial User's discharge either along 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 of Illinois, 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 soil, 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.
   POPULATION EQUIVALENT.  A term used to evaluate the impact of industrial or other waste on a treatment works or stream. For purposes of this subchapter, one population equivalent is 50 gallons of sewage per day, containing 0.17 pounds of BOD and 0.20 pounds of suspended solids.
   POTW TREATMENT PLANT.  That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
   ppm.  Parts per million by weight (see mg/1).
   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 Pretreatment Standard, imposed on an industrial user.
   PRIVATE SEWER.  A sewer, which does not meet city standards or is not under the direct control of the city.
   PROHIBITIVE DISCHARGE STANDARD.  Any regulation developed under the authority of Section 307(b)(33 U.S.C. 137(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 outside the corporate limits of the city.
   PUBLIC SEWER.  A sewer constructed to city standards in a public right-of-way or a city easement, and under the direct control of the city.
   PUBLICLY OWNED TREATMENT WORKS (POTW).  A treatment works as defined by Section 212 (33 U.S.C. 1292) 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 Article V, POTW shall also include any sewers that convey wastewater 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.  The type produced principally from domestic (i.e., human related) sources with a normal strength of 200 mg/l of BODS and 250 mg/1 of Suspended Solids, or less.
   SANITARY SEWER.  A sewer, which carries sanitary and industrial wastewater, and to which storm, surface and ground water are not intentionally admitted.
   SEWER.  A pipe or conduit that carries wastewater or storm, surface or ground water drainage.
   SHALL.  Is mandatory. (see "May").
   SIGNIFICANT INDUSTRIAL USER.  Any industrial user of the city's wastewater disposal system who:
      (1)   Has a discharge flow of 25,000 gallons or more per average work day; or
      (2)   Has a discharge flow 5% or more of the average flow in the city's wastewater treatment system; or
      (3)   Has in its wastewater incompatible pollutants as defined pursuant to Section 307 (33 U.S.C. 1317) of the Act or state statutes and rules or in this subchapter; or
      (4)   Is found by the city, IEPA 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, air emissions generated by the system, or is subject to any national categorical pretreatment standards.
   SIGNIFICANT NONCOMPLIANCE.  The significant industrial user is in violation of one or more of the following criteria:
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
      (2)   Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for fats, oil, and grease, and 1.2 for all other pollutants except pH).
      (3)   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the city 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)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;
      (5)   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;
      (6)   Failure to provide, within 30 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;
      (7)   Failure to accurately report non-compliance;
      (8)   Any other violation or group of violations that the city determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUDGE.  The settable 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 § 50.119(E), or any pollutant, including oxygen demanding pollutants released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.
   STANDARD METHODS.  Methods by which all measurements, tests and analyses are determined and performed. All Standard Methods shall be in accordance with 40 CFR Section 136, as amended from time to time.
   STATE.  The State of Illinois, and each and every present and future department, agency, regulatory body or subdivision thereof.
   STORM SEWER.  A sewer that carries storm, surface and ground water drainage, but excludes sewage and industrial wastes.
   STORMWATER RUNOFF OR STORM DRAINAGE.  That portion of atmospheric precipitation that is carried into the sewers or watercourses.
   SUMP PUMP.  A mechanical device used to remove liquid collected in a sump usually below basement floor level.
   T AS IN CYANIDE-T.  Total.
   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.
   TOXIC POLLUTANT.  Any pollutant or combination of pollutants identified as toxic pursuant to Section 307 (a) (33 U.S.C. 1317(a)) of the Federal Water Pollution Control Act or other Federal Statutes or in regulation promulgated by the state under state law.
   UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR USEPA. Shall include the Administrator or other duly authorized official of the agency, as appropriate.
   UNPOLLUTED WATER.  Water of quality equal to or better than the IEPA effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be beneficial by discharge to the sanitary sewers and wastewater treatment facilities provided.
   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 or documents allowing discharge to the POTW issued to a user by the city in accordance with the terms of § 50.122.
   WASTEWATER TREATMENT WORKS.  An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "wastewater treatment" or "wastewater treatment plant" or "water pollution control plant" or "sewage treatment plant".
   WATERS OF THE STATE OF ILLINOIS.  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 Illinois or any portion thereof.
(Ord. 99-4993, passed 7-20-1999; Am. Ord. 2003-5165, passed 8-5-2003; Am. Ord. 2004-5178, passed 4-6-04; Am. Ord. 2008-5255, passed 6-3-2008)