(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, as amended, 33 U.S.C. §§ 1251 et seq.
AGENCY. The Paducah McCracken Joint Sewer Agency (JSA).
AGENCY, FACILITIES. Any structure, appurtenance, wastewater collection system line, lift station, wastewater treatment equipment or any other part of the wastewater system owned by the Paducah-McCracken Joint Sewer Agency.
APPORTIONMENT OF CONSTRUCTION COSTS. The amounts on various tracts of land liable for payment of the costs of construction of a sewage collection system and appurtenances to serve a particular described area (assessment zone) to be benefitted by the collection system.
ASSESSMENT LIEN. A lien superior to all liens except liens for state, county, city, school and road taxes and liens prior in time for other public improvements shall exist against the respective lots or tracts of land for the costs of the sanitary sewers, appurtenances and property service connections plus interest there on at the rate of 6% per annum.
AUTHORIZED INDUSTRIAL USER REPRESENTATIVE. A designated representative from an industrial user authorized to act on the industrial user’s behalf, as per 40 C.F.R. part 403.
AVERAGE RESIDENTIAL FLOW. The average daily design residential flow is 400 gallons per day.
BASELINE MONITORING REPORT (BMR). A report submitted by categorical industrial users as per 40 C.F.R. part 403.
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 in milligrams per liter (mg/l).
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, water and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING SEWER SERVICE LINE. A branch sewer that discharges into a main line sewer.
CAPACITY FEE. A fee established as a one-time charge for new wastewater customers as a way to recover part or all of the cost of additional system capacity constructed for non-use. It is calculated based on the value of the utility’s capacity and the amount or capacity needed by the new customer.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD). With chemical inhibition of nitrification, 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 concentration in milligrams per liter (mg/l).
CATEGORICAL PRESENTMENT STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.
CATEGORICAL USER. A user subject to categorical pretreatment standards.
COLLECTOR SYSTEM. A network of sewer lines, pumping stations and other structures collecting wastewater from building service lines within a specified area and forming a sub-system within the JSA collection system.
COMBINED SEWER. A sewer receiving both wastewater and storm water.
COMBINED WASTE STREAM FORMULA (CWF). Procedure for calculating alternative discharge limits at industrial facilities where a regulated waste stream is combined with other non-regulated waste streams prior to treatment (40 C.F.R. § 403.7).
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus any additional pollutants identified in the JSA’s KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants so as to ensure compliance with the JSA’s KPDES permit.
CONCENTRATION-BASED LIMIT. A limit based on the relative strength of a pollutant in a waste stream, usually expressed in mg/l.
CONSENT JUDGMENT. A court order entered in Franklin Circuit Court, Civil Action No. 07-CI-1252 between the Paducah McCracken Joint Sewer Agency and the Commonwealth of Kentucky Environmental and Public Protection Cabinet.
CONTROL AUTHORITY. The Approval Authority or the JSA, when there exists an approved pretreatment program under the provisions of 40 C.F.R. § 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.
CORE/TRUNK SYSTEM. Fundamental system components, which include interceptors, regional pumping stations and treatment facilities.
DILUTED WASTE STREAM. Boiler blow down, sanitary wastewater, non-contact cooling water and certain process waste streams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the commonwealth.
DISCHARGE PERMIT. A permit issued to users that authorizes discharges to the public sewer.
DISCHARGER. Any person that discharges or causes a discharge to a public sewer.
DOMESTIC WASTEWATER. The water-carried wastes produced from non-commercial or non-industrial activities and which result from normal human living processes.
EASEMENT. An acquired legal right for the specific use of land owned by others.
EFFLUENT. The liquid overflow of any facility designed to treat, convey or retain wastewater.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.
ERU (EQUIVALENT RESIDENTIAL UNIT. Determined by the JSA as the daily design flow of 400 gallons per day.
EXECUTIVE DIRECTOR. The person designated by the JSA to supervise the JSA’s wastewater system.
FLOW PROPORTIONAL COMPOSITE SAMPLE. Combination of individual samples proportional to the flow of the waste stream at the time of sampling.
FLOW WEIGHTED AVERAGING FORMULA (FWA). A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and unregulated waste streams combine after treatment, but prior to the monitoring point as defined in 40 C.F.R. part 403.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods in home kitchens, stores, markets, restaurants, motels, hotels and other places where food is stored, prepared or served. Specifically excluded are food processing wastes from canneries, slaughter houses, packing plants and similar industries.
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.
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 DISCHARGE PERMIT. A permit issued to significant industrial users.
INDUSTRIAL USER. A user who is owner of record, the lessee, sub lessee, licensee, permittee or other persons in possession of real property used as a manufacturing or processing establishment or a commercial or industrial operation, which contributes wastewater to the JSA treatment facilities.
INDUSTRIAL WASTES. The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
INTERCEPTOR. A device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal waste, which permits normal sewage or liquid wastes to discharge into the sewer or drainage system by gravity. INTERCEPTOR as defined herein is commonly referred to as a grease, oil or sand trap.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources:
(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes for use or disposal; and/or
(b) Is a cause of a violation of any requirement of the POTW’s KPDES 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.
KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM (KPDES) PERMIT. A permit issued by the Commonwealth of Kentucky under the authority of § 402 of the Act (33 U.S.C. § 1332).
MAIN LINE SEWER. A sewer main that connects manholes or structures and serves one or more building sewers.
MAY. This is permissive. See SHALL.
MEDICAL WASTE. Isolation wastes, infections agents, human blood products pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NATURAL OUTLET. Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW SOURCE. Any building, structure, faculty or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed categorical 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.
NINETY (90) DAY COMPLIANCE REPORT. A report submitted by a categorical industrial user, within 90 days following the date for final compliance with applicable categorical pretreatment standards that documents and certifies the compliance status of the user (40 C.F.R. § 403.12(d)).
NUISANCE. A use of property which results in annoyance or interference with the use and enjoyment of another’s property, if the use would substantially annoy or interfere with the use and enjoyment of property by a person of ordinary health and normal sensitivities.
ORDINANCE. This subchapter, unless otherwise specified.
PARAMETER. A component or property of wastewater which places an identifiable demand on the wastewater system.
PASS-THROUGH. A discharge of pollutant, which cannot be treated adequately by the POTW and therefore exits 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 ISA’s KPDES permit (including an increase in the magnitude or duration of a violation) (40 C.F.R. § 403.3).
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, agent or assigns.
pH. The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water, including medical wastes, chemical wastes, biological materials, radioactive materials, heat and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, CBOD, COD, toxicity or odor).
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT COORDINATOR. A representative of the JSA who works with the industrial users to coordinate and implement the Industrial Pretreatment Program.
PROCESS WASTEWATER. Any water that, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product or waste product.
PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403(5).
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 one-half inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW). Used as a reference to any JSA treatment facility.
PUBLIC SEWER. Any sewer dedicated to public use and whose use is controlled by the JSA.
SANITARY SEWER. A sewer that carries domestic and/or industrial wastewater and to which storm water, surface water and groundwater are not intentionally admitted.
SEWER. A pipe or conduit that carries wastewater or drainage water.
SEWER LATERAL. The section of a pipe that connects a property owner’s building sewer to the POTW’s main sewer line.
SHALL. Mandatory (see MAY).
SIGNIFICANT INDUSTRIAL USER (SIU).
(a) Except as provided in paragraphs (v)(2) and (v)(3) of 40 C.F.R. § 403.8:
1. All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N: and
2. Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow down wastewater) contributes a process waste stream which makes up 5% or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant: or is designated as such by the Control Authority 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 (in accordance with 40 C.F.R. § 403.8(f)(61)).
(b) The Control Authority may determine that an industrial user subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blow down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
1. The industrial user, prior to the Control Authority’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements:
2. The industrial user annually submits the certification statement required in 403.12(q), together with any additional information necessary to support the certification statement: and
3. The industrial user never discharges any untreated concentrated wastewater.
(c) Upon finding that an industrial user meeting the criteria in 40 C.F.R. § 403.8 paragraph (v)(1)(ii) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standards or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 C.F.R. part 403, determine that such industrial user is not a significant industrial user.
SLUG DISCHARGE OR LOAD. Any pollutant (including biochemical oxygen demand, fats, oils, grease and suspended solids) released in a discharge at a flow rate or concentration which will cause interference or damage to the operation of JSA facilities.
SPLIT SAMPLE. Portion of a collected sample given to the industry or to another agency to verify or compare laboratory results.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification scheme based on the type of industry or process at a facility.
STANDARD METHODS. The examination and analytical procedures set forth in the recent editions of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation as specified at 40 C.F.R. part 136.
STATE. Commonwealth of Kentucky.
STORM DRAIN (sometimes termed STORM SEWER.) A pipe conduit for conveying storm or surface water but excludes any domestic or industrial wastewater.
STORM WATER. Water that enters inlets or drains connected to storm or combined sewers following wet weather events.
SURCHARGE. A charge for services in addition to the basic sewer usage for those users whose contributions contain biochemical oxygen demand (BOD), chemical oxygen demand (COD), total suspended solids (TSS), oil and grease or ammonia-nitrogen (NH3N) in concentrations which exceed limits specified herein for such pollutants. Where authorized by the Control Authority, payment of a SURCHARGE will authorize the discharge of the referenced pollutants so long as the discharge does not cause pass through or interference.
TAP-ON FEE. A connection fee charged to recover the costs of providing core facilities and appurtenances.
TIME PROPORTIONAL COMPOSITE SAMPLE. Combination of individual samples with fixed volumes taken at specific time intervals.
TOTAL SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids and that is removable by laboratory filtering in accordance with procedures described in Standard Methods.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provisions of the Clean Water Act, § 307(a) or any amendments thereto.
UNREGULATED WASTE STREAM. A wastewater that is not regulated by national categorical pretreatment standards.
USAGE FEES. Charges for service will commence upon issuance of a sanitary connection permit.
USER. An owner or occupant, whether private, governmental or otherwise of a unit, building, premises or lot in the JSA service area who is responsible for payment of metered water charges or who contributes to the waste stream from sources other than those of public water.
WASTE HAULER PERMIT. A permit issued to septic tank collectors authorizing the disposal of septic tank or similar non-industrial waste pursuant to the provisions set forth herein.
WASTEWATER. The spent water of a community. Sanitary or domestic wastes shall mean the liquid and water-carried wastes from residences, commercial buildings and institutions as distinct from industrial wastes.
WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away, treat domestic and industrial wastes, and dispose of the effluent.
WASTEWATER TREATMENT PLANT. An arrangement of devices and structures for treating wastewater.
WATERCOURSE. Channel for the passage of water, either continuously or intermittently.
(B) Abbreviations. The following abbreviations shall have the designated meanings.
ADMI. American Dye Manufacturers Institute.
ASTM. American Society for Testing and Materials.
BMP. Best management practices.
BOD. Biochemical oxygen demand.
BPJ. Best professional judgment.
C.F.R. Code of Federal Regulations.
CIU. Categorical industrial user.
CBOD. Carbonaceous biochemical oxygen demand.
COD. Chemical oxygen demand.
CWA. Clean Water Act (33 U.S.C. §§ 1251 et seq.) or any amendments thereto.
CWF. Combined waste stream formula.
EPA. United States Environmental Protection Agency.
FWA. Flow weighted average.
FR. Federal Register.
gpd. Gallons per day.
IU. Industrial user.
l. Liter.
mg. Milligrams.
mg/l. Milligrams per liter.
KDOW. Kentucky Division of Water.
KPDES. Kentucky pollutant discharge elimination system.
NOV. Notice of violation.
NPDES. National pollutant discharge elimination system.
POTW. Publicly owned treatment works.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard industrial classification.
SNC. Significant noncompliance.
SIU. Significant industrial user.
SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq. or any amendments thereto.
TSS. Total suspended solids.
TTO. Total toxic organics.
U.S.C. United States Code.
(Ord. 2012-6, passed 1-28-2013)