Unless a provision explicitly states otherwise, the following abbreviations, terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ABBREVIATIONS:
OD Biochemical oxygen demand
CFR Code of federal regulations
EPA U.S. environmental protection agency
gpd Gallons per day
mg/l Milligrams per liter
NPDES National pollutant discharge elimination system
POTW Publicly owned treatment works
RCRA Resource conservation and recovery act
SIC Standard industrial classification
TSS Total suspended solids
USC United States code
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended 1 .
APPROVAL AUTHORITY: The director in an NPDES state with an approved state pretreatment program and the regional administrator of the United States environmental protection agency in a NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF THE USER:
A. If the user is a corporation:
1. 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
2. The manager of one or more manufacturing, production, or operation facilities of any user, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
C. 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.
D. The individuals described in subsections A through C of this definition 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.
BIOCHEMICAL OXYGEN DEMAND OR BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Celsius (20°C), usually expressed as a concentration (e.g., mg/l).
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the drainage from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the sewer service, beginning five feet (5') outside the inner face of the building wall.
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 2 which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405-471.
CITY: The city of Mitchell, South Dakota, or any authorized person acting in its behalf.
CONNECTION: Each point where a properly issued permit has been granted and sewer use charges paid for a building drain to be joined by the sewer service to the POTW.
DAILY MAXIMUM ALLOWABLE DISCHARGE LIMIT: The average value of all grab samples taken during any given calendar day. If only one grab sample has been taken, that grab sample becomes the daily maximum (as well as the instantaneous maximum - see definition below). If more than one grab sample is taken in a given day, the daily maximum is the average of all the individual grab samples. A composite sample, by definition, becomes the daily maximum for the calendar day in which it is collected.
DOMESTIC WASTEWATER: Waterborne wastes normally discharged into the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free of storm and surface water and industrial wastes.
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 regional water management division director, or other duly authorized official of said agency.
EXISTING SOURCE: Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
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 without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
HEARING BOARD: The city council, provided however that the city council may appoint the public works committee to serve as the hearing board.
INDIRECT DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act.
INDUSTRIAL WASTES: Wastewater from indirect discharge of industrial processes, trade, or business as distinct from domestic or sanitary wastes.
INDUSTRIAL USER OR USER: Any nondomestic source which introduces pollutants into the POTW. A source of an indirect discharge.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE: A discharge, which 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; 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 thereunder, or any more stringent state or local regulations: section 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 LIMITS: Effluent discharge limits applicable to industrial users of the city's POTW developed by the city in accordance with 40 CFR 403.5(c).
MAY: May is a permissive statement (see definition of Shall).
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.
NPDES PERMIT: The national pollutant discharge elimination system permit held by the city. This permit, which establishes limits on quality and quantity of discharges from the POTW is issued by the federal and state governments in accordance with the provisions of the clean water act.
NATURAL OUTLET: Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
NEW SOURCE: A. Any building, structure, facility or installation from which there is for may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided: 1) the building, structure, facility or installation is constructed at a site at which no other source is located; or 2) the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 3) the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. 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 should be considered in determining whether these are substantially independent.
B. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 1) begun, or caused to begin, as part of a continuous onsite construction program a) any placement, assembly or installation of facilities or equipment; or b) 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 2) 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 subsection.
C. 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 section 32-30.2(27)(1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
NORMAL STRENGTH DOMESTIC WASTEWATER: Domestic wastewater in which the average concentration of BOD and TSS is established at not greater than 280 mg/l and 275 mg/l respectively, by weight.
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 city's NPDES permit, including an increase in the magnitude or duration of a violation.
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, 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: 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 section 8-9-5 of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW): The public sewer. A "treatment works", as defined by section 212 of the act 3 which is owned by the city of Mitchell. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
RESIDENTIAL USER: The owner(s) or occupant(s) of dwellings, such as residences, multiple-family units, apartments, motels or hotels with connections to the POTW that only discharge domestic wastewater, free of storm and surface water, and industrial wastes.
SANITARY SEWER: A sewer that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE: Human excrement, or gray water (household showers, dishwashing operations, etc.). The preferred term is "wastewater".
SEWER: A pipe or conduit that carries wastewater or drainage water.
SEWER SERVICE: The extension from the building drain to the public sewer or other place of disposal.
SHALL: Shall is a mandatory statement (see definition of May).
SIGNIFICANT INDUSTRIAL USER:
A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the city of Mitchell on the basis that it has a reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement.
C. Upon a finding that a user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement, the city 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 403.5(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD OR SLUG: Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in subsection 8-9A-3A of this chapter.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE:, A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.
STORM SEWER: A drain conveying water, groundwater, subsurface water or unpolluted water from any source.
STORMWATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUMP: A pump for disposing of stormwater and groundwater or unpolluted water from any source.
SUPERINTENDENT: The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
SUSPENDED SOLIDS (TSS): The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.
UNIT: A measure of water express, in one hundred (100) cubic feet, or approximately seven hundred fifty (750) gallon quantities.
UNPOLLUTED WATER: Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the POTW.
USER: See definition of Industrial User.
WASTEWATER: The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERCOURSE: A natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 1759, 12-5-1994)
Notes
| 1 | 1. USC § 1251 et seq. |
| 2 | 1. USC § 1317. |
| 3 | 1. USC § 1292. |