Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
“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 Kentucky Department for Environmental Protection, Energy and Environmental Protection Cabinet and/or authorized representative thereof.
“AUTHORIZED OR DULY 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where 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), above, may designate a duly 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 of Morgantown Commission Board.
“BEST MANAGEMENT PRACTICES” or “BMPs.” Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 30.500(A)(1) and (2) (40 C.F.R. 403.5(a)(1) and (b)). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
“BIOCHEMICAL OXYGEN DEMAND (BOD).” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20o C. usually expressed as a concentration (e.g. mg/l).
“BUILDING SEWER.” The extension from the building drain to the public sewer or other place of disposal, also called “house extension.”
“BYPASS.” The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
“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 (33 U.S.C. § 1317) that apply to a specific category of users and that appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.
“CATEGORICAL INDUSTRIAL USER.” An industrial user subject to a categorical pretreatment standard or categorical standard.
“CITY.” The city of Morgantown, its City Council or commission, or the commission board or the City of Morgantown Utilities Commission or the superintendent or his/her representative.
“CHEMICAL OXYGEN DEMAND” or “COD.” A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
“COMBINED SEWER.” Any conduit carrying both sanitary sewage and storm water or surface water.
“COMPATIBLE POLLUTANT.” Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus any 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 City of Morgantown Commission Board or the Superintendent or his or her representative.
“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 Butler County.
“DAILY MAXIMUM.” The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
“DAILY MAXIMUM LIMIT.” The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
“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 Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.
“EQUIPMENT.” All movable, non-fixed items necessary to the wastewater treatment process.
“EXISTING SOURCE.” Any source of discharge that is not a "New Source."
“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 waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
“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” or “DISCHARGE.” The introduction of pollutants into the POTW from any nondomestic source.
“INDUSTRIAL USER.” A source of indirect discharge.
“INDUSTRIAL WASTES.” The wastewaters from industrial or commercial processes as distinct from domestic or sanitary wastes.
“INSTANTANEOUS LIMIT.” The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
“INTERCEPTOR.” A device designed and installed so as to separate and retain deleterious, hazardous and undesirable matter from domestic 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.” A discharge that, 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 of Morgantown Utilities Commission 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: § 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 LIMIT.” Specific discharge limits developed and enforced by the City of Morgantown Utilities Commission upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 C.F.R. 403.5(a)(1) and (b).
“MAXIMUM DAILY CONCENTRATION.” The maximum concentration per day of a pollutant based on the analytical results obtained from a twenty-four (24) hour composite sample.
“MAXIMUM MONTHLY AVERAGE CONCENTRATION.” The maximum monthly average concentration is the arithmetic mean of all samples tested during the month.
“MAY.” Is permissive.
“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.
“MONTHLY AVERAGE.” The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
“MONTHLY AVERAGE LIMIT.” The highest allowable average of "daily discharges" over a calendar month, calculated, as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
“NATIONAL (or KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM” or “NPDES/KPDES PERMIT.” A permit issued pursuant to Section 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.”
(A) Any building, structure, 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 § 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(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. 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.
(B) 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 subsection (A)(2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
(C) Construction of a new source as defined under this subsection 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.
“NONCONTACT COOLING WATER.” Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“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.
“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 of Morgantown Utilities Commission NPDES permit, including an increase in the magnitude or duration of a violation.
“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, agents, or assigns. This definition includes all federal, state, and local government entities.
“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, COD, toxicity, or odor).
“POLLUTION.” The man-made or man-induced alteration of the chemical, physical, biological, and/or radiological integrity of water.
“POTW TREATMENT PLANT.” The portion of the publicly owned treatment works (POTW) designed to provide treatment to wastewater.
“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” or “STANDARDS.” Pretreatment standards shall mean 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 § 30.500(A).
“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 one-half (½) inch in any dimension.
“PUBLICLY OWNED TREATMENT WORKS (POTW).” A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by of the City of Morgantown Utilities Commission. 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.
“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.
“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 such works were designed and constructed.
“SANITARY SEWER.” A sewer that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions.
“SEPTIC TANK WASTE.” Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
“SEWAGE.” Human excrement and gray water (household showers, dishwashing operations, etc.).
“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, or such works.
“SHALL.” Is mandatory.
“SIGNIFICANT INDUSTRIAL USER (SIU).” Except as provided in divisions (C) and (D) of this section, a significant industrial user is:
(A) An industrial user subject to categorical pretreatment standards; or
(B) An industrial 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 of the City of Morgantown Utilities Commission on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard, or requirement.
(C) The City of Morgantown Utilities Commission may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred (100) gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(1) The industrial user, prior to the City of Morgantown Utilities Commission finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) The industrial user annually submits the certification statement required in § 30.504(N)(2) (see 40 C.F.R. 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.
(D) Upon a finding that a user meeting the criteria in subsection (B) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, The City of Morgantown Utilities Commission may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 C.F.R. 403.8(f)(6), determine that such user should not be considered a significant industrial user.
“SIGNIFICANT VIOLATION.” A violation that meets one (1) or more of the following criteria:
(A) Chronic violations of wastewater discharged limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6)-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(B) Technical review criteria (TRC) violations, defined here as those in which thirty- three percent (33%) or more of all of the measurements of each pollutant parameter taken during a six (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);
(C) 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);
(D) 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;
(E) Failure to meet, within ninety (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;
(F) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90)-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedule.
(G) Failure to accurately report noncompliance;
(H) Any other violation or group of violations which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
“SLUG LOAD” or “SLUG DISCHARGE.” Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 30.500(A). A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
“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.
“STORM WATER.” Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
“SUPERINTENDENT.” The person designated by the City of Morgantown Utilities Commission to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the superintendent.
“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 such 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 non-filterable residue.
“TOTAL SUSPENDED SOLIDS” or “SUSPENDED SOLIDS.” The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
“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 Section 307(a) or other Acts.
“UNPOLLUTED WATER.” Water of quality equal to or better than the treatment works effluent criteria in effects or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
“USER” or “INDUSTRIAL USER.” A source of indirect discharge.
“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.” Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
“WASTEWATER CONTRIBUTION PERMIT.” As set forth in Article VI 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 wastewater and sludges. Sometimes used synonymously as “waste treatment plant” or “sewage treatment plant”.
“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.
“WATERS OF THE COMMONWEALTH.” All streams, lakes, ponds, marshes, water courses, 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.
(Ord. 91-11 Art. I § B, 1991; Am. Ord. 2014-01, passed 2-13-14)