The definitions contained in 327 I.A.C. 5-17 and all amendments thereto are incorporated herein, and for the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROL AUTHORITY (CA). The Commissioner of the state’s Department of Environmental Management.
INDIRECT DISCHARGER. A non-domestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
INDUSTRIAL USER. An indirect discharger.
INTERFERENCE. A discharge that, along or in conjunction with a discharge or discharges from other sources, does one of the following:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes or its selected sludge use or disposal methods;
(2) Causes a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation; and/or
(3) Prevents the use of the POTW’s sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations or permits issued thereunder or more stringent state or local regulations:
(a) Section 405 of the Clean Water Act (33 U.S.C. § 1345);
(b) The Solid Waste Disposal Act (SWDA) (42 U.S.C. § 6901), including:
1. Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
2. The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. § 6941).
(c) The Clean Air Act (42 U.S.C. § 7401); and
(d) The Toxic Substances Control Act (15 U.S.C. § 2601).
PASS THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
PRETREATMENT STANDARDS.
(1) State pretreatment standards as established in 327 I.A.C. 5-18-8;
(2) Pretreatment standards for prohibited discharges, as established in 327 I.A.C. 5-18-2; and
(3) National categorical pretreatment standards referenced in 327 I.A.C. 5-18-10.
PUBLICLY-OWNED TREATMENT WORKS (POTW). A treatment works owned by the state or a municipality, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
SIGNIFICANT INDUSTRIAL USER (SIU).
(1) Industrial users subject to categorical pretreatment standards under 327 I.A.C. 5-18-10;
(2) An industrial user that:
(a) Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater) to the POTW;
(b) Contributes a process wastestream that makes up 5% or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as a significant industrial user by the Control Authority on the basis that the industrial user has a reasonable potential to:
1. Adversely affect the POTW’s operation;
2. Violate a pretreatment standard; or
3. Violate a requirement of 327 I.A.C. 5-19-3.
(3) The Control Authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 I.A.C. 5-193(6), determine that an industrial user is not a significant industrial user if it does not meet Part III.A.3.b.(3) of this permit.
(Ord. 8, 2009, passed 11-3-2009)