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. The Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet and/or any authorized representative thereof.
AUTHORIZED REPRESENTATIVE.
(1) An
AUTHORIZED REPRESENTATIVE of a user may be:
(a) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(b) A general partner or proprietor if the user is a partnership or proprietorship, respectively; or
(c) A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(2) An
AUTHORIZED REPRESENTATIVE of the city may be any person designated by the city to act on its behalf.
AVAILABLE. As used in connection with this chapter, means a public sewer located at the property line or point at which connection may be made with the city sanitary sewage collection facilities.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, 5 days at 20º Centigrade expressed in terms of weight and concentration in milligrams per liter (mg/l).
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also called HOUSE CONNECTION.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard. Any regulations containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) and 40 C.F.R. § 403 which applies to a specific category of industrial users.
CITY. The City of Midway, its City Council, or the Commission Board or the Superintendent of the POTW or his or her designee.
COMBINED SEWER. Any conduit carrying both sanitary sewage and stormwater or surface water.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus additional pollutants that the POTW is designed to treat and, in fact, does treat to the degree required by the POTW's NPDES/KPDES permit.
COMPOSITE WASTEWATER SAMPLE. A combination of individual samples of water or wastewater taken at selected intervals, or based on quantity of flow for some specified period, to minimize the effect of variability of the individual sample. Individual samples may have equal volume or may be proportioned to the flow at the time of the sampling.
CONTROL AUTHORITY. The term shall refer to the approval authority defined hereinabove; or the Superintendent of the POTW or his or her designee, if the city has 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.
COUNTY HEALTH DEPARTMENT. The Health Department for Woodford County.
DILUTION STREAM. Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 C.F.R., Subchapter N.
DIRECT DISCHARGE. The discharge of treated or untreated wastewaters directly to the waters of the Commonwealth of Kentucky.
EASEMENT. An acquired legal right for the specific use of land owned by others.
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 his or her duly authorized representative of the agency.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
FEDERAL PRETREATMENT STANDARDS. Federal regulations for pretreatment of industrial wastewater under 40 C.F.R., Subchapter N and any applicable regulations, as amended.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
GRAB SAMPLE. A sample which is taken from a wastestream on a 1-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.
INCOMPATIBLE POLLUTANT. All pollutants other than compatible pollutants as defined in this section.
INDIRECT DISCHARGE. The discharge or the introduction of pollutants into a POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act, and including tank wastes discharged into the system.
INDUSTRIAL USER. A source of indirect discharge.
INDUSTRIAL WASTES. The wastewaters 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 and undesirable matter from domestic wastes while permitting domestic sewage or liquid wastes to discharge into the sewer system or drainage system by gravity. INTERCEPTOR as defined herein is commonly referred to as a grease, oil or sand trap.
INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations or that which contributes to a violation of any requirement of the city's NPDES/KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act being 42 U.S.C. §§ 7401 et seq., the Toxic Substance Control Act being 15 U.S.C. §§ 2681 et seq., or more stringent state criteria (including those obtained in any state sludge management plan prepared pursuant to Title IV or SWDA) applicable to the method of disposal or use employed by the POTW.
MAXIMUM DAILY CONCENTRATION. The maximum concentration per day of a pollutant based on the analytical results obtained from a 24-hour composite sample.
MAY. The action referred to is permissive.
NATIONAL (or KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES/KPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1332), or a permit issued by the Commonwealth of Kentucky under this authority and referred to as KPDES.
NATURAL OUTLET. Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to that source, if that standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new
source means any source, the construction of which is commenced after the date of promulgation of the standard.
OPERATION AND MAINTENANCE EXPENSES. All annual operation and maintenance expenses including replacement cost related directly to operating and maintaining the sewage works as shown by annual audit.
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. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
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 wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural wastes discharged into water.
POLLUTION. The manmade or human-induced alteration of the chemical, physical, biological and/or radiological integrity of water.
POTW TREATMENT PLANT. That 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 pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process change(s), or 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 a significant industrial user.
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 has 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 ½ inch in any dimension.
PUBLIC SEWERS. A common sewer controlled by a governmental agency or public utility. In general, the public sewer shall include the main sewer in the street and the service branch to the curb
or property line, or a main sewer on private property and the service branch to the extent of ownership by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which 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 conveyance not connected to a facility providing treatment. For the purpose of this chapter POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the jurisdiction of the city who are users of the city's POTW.
REPLACEMENT. Expenditure for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
SANITARY SEWER. A sewer that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions.
SEWAGE. The spent water of a community. Domestic or sanitary waste shall mean the liquid or waterborne wastes from residences, commercial buildings and institutions and is distinct from industrial sewage. The terms SEWAGE and WASTEWATER are used interchangeably.
SEWAGE SYSTEM OR WORKS. All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and POTW.
SEWER. A pipe or conduit that carries wastewater or drainage water.
SEWER USER CHARGES. A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of the works.
SHALL. The action referred to is mandatory.
SIGNIFICANT INDUSTRIAL USER. Any user of the city's wastewater disposal system who does any of the following:
(1) Is subject to a categorical pretreatment standard(s) under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter I, Subchapter N;
(2) Has a discharge flow of 25,000 gallons or more per average workday;
(3) Has a flow greater than 5% of the flow in the city's wastewater treatment system;
(4) Has in its wastewaters toxic pollutants as defined pursuant to § 307 of the Act or state statutes and rules; or
(5) Is found by the city, state approval authority or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
SIGNIFICANT VIOLATION. A violation that meets 1 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 6-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 6-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 BOD, TSS, 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 Superintendent 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 POTW'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 wastewater discharge permit or other order issued hereunder 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 noncompliance; and
(8) Any other violation or group of violations which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG DISCHARGE. Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge and/or any discharge of water or wastewater, in which the concentration of any given constituent or the quantity of flow exceeds for any period of duration longer than 15 minutes more than 5 times the average 24-hour concentration or flow rate during normal operation, and/or adversely affects the POTW.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, U.S. Bureau of the Budget, 1972.
STATE. The Commonwealth of Kentucky.
STORM DRAIN or STORM SEWER. A drain or sewer for conveying water, groundwater, surface water or unpolluted water from any source.
STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The Superintendent of Wastewater Facilities and/or of wastewater treatment works and/or of water pollution control for the city, or his or her authorized deputy, agent or representative.
SURCHARGE. A charge for service in addition to the basic sewer user and debt service charge, for those users whose contribution contains biochemical oxygen demand (BOD), chemical oxygen demand (COD), suspended solids (SS) or ammonia nitrogen (N-NH) in concentrations which exceed limits specified herein for these pollutants.
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 as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA § 307(a) or other Acts.
UNPOLLUTED WATER. Water of quality equal to or better than the treatment works effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted 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 POTW. See definition of person.
USER CHARGE. The charge levied on all users, including but not limited to persons, firms, corporations or governmental entities that discharge, cause or permit the discharge of sewage into the POTW.
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 CONTRIBUTION PERMIT. As set forth in the Administration section of this chapter.
WASTEWATER FACILITIES. The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating domestic wastewaters and sludges. Sometimes used synonymously as WASTE TREATMENT PLANT or SEWAGE TREATMENT PLANT.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
WATERS OF THE COMMONWEALTH. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation system, drainage system 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 commonwealth or any portion thereof.
(1997 Code, § 620.3) (Ord. 91-05, passed 9-2-1991)