§ 52.01  DEFINITIONS.
   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 Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
   "APPROVAL AUTHORITY."  The Director in an NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a non-NPDES state or NPDES state without an Approved State Pretreatment Program.
   "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER."  An authorized representative of an Industrial User may be:
      (1)   A principal executive officer of at least the level of vice-president;
      (2)   A general partner or proprietor if the Industrial User is a partnership or proprietorship, respectively;
      (3)   A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
   "BEST MANAGEMENT PRACTICES (BMP)."  Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 52.05(D) [CFR 403.5(a)(1) and (b)].  BMP's 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.
   "B.O.D. (denoting Biochemical Oxygen Demand)."  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C., expressed in milligrams per liter.
   "BUILDING DRAIN."  The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
   "BUILDING SEWER."  The extension from the building drain to the public sewer or other place of disposal.
   "CATEGORICAL STANDARDS."  National Categorical Pretreatment Standards or Pretreatment Standard.
   "CHARGES FOR DEBT SERVICE."  Charges levied on users of the sewage treatment system to support the annual debt service obligations of the system.
   "COMBINED SEWER."  A sewer receiving both surface runoff and sewage.
   "CONTROL AUTHORITY."  Refers to the "Approval Authority", defined above; or the Superintendent if the city has an approved Pretreatment Program under the provisions of 40 CFR, 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.
   "DILUTION STREAM."  Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 CFR, Subchapter N.
   "DIRECT DISCHARGE."  The discharge of treated or untreated wastewater directly to the waters of the state.
   "DISCHARGER."  Any person that discharges or causes a discharge to a public sewer.
   "DOMESTIC WASTEWATER."  The water- carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.
   "EFFLUENT."  The liquid outflow 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 the agency.
   "EXCESSIVE STRENGTH OR TOXICITY SURCHARGE."  Charges levied on users of the sewage treatment system whose contribution contains pollutants (both conventional and toxic) in concentrations which exceed limits specified by the latest sewer use ordinance for such pollutants.
   "GARBAGE."  Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
   "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.
   "HEARING BOARD."  The Board appointed according to the provisions of § 52.98.
   "HOLDING TANK WASTE."  Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
   "INDIRECT USER."  The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
   "INDUSTRIAL USER."  A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
   "INDUSTRIAL WASTE."  The liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.
   "INTERFERENCE."  The inhibition or disruption of the POTW treatment processes or operations which contribute to a violation of any requirement of the city's NPDES permit.  The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 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, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
   "MAY."  Is permissive.
   "MAYOR."  The Mayor of the city, or the duly appointed and authorized representative of the Mayor, including the Superintendent, as defined herein.
   "NATIONAL CATEGORICAL PRETREATMENT STANDARD" or "PRETREATMENT STANDARD."  Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, (33 U.S.C. 1347) which applies to a specific category or Industrial Users.
   "NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM" or "NPDES PERMIT."  A permit issued pursuant to Section 402 of the Act, (33 U.S.C. 1342).
   "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE STANDARD."  Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
   "NATURAL OUTLET."  Any outlet 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 Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard which will be applicable to such source, if such 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.
   "pH."  The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
   "POLLUTANT."  Any dredged spoil, solid waste incinerator residue, sewage, garbage, sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
   "POLLUTION."  The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
   "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 such pollutants into a POTW.  The reduction of alteration can be obtained by physical, chemical, or biological processes, or process changes other means, except as prohibited by 40 CFR Section 403.6(d).
   "PRETREATMENT REQUIREMENTS."  Any substantive or procedural requirement related to pretreatment, other than a "National Pretreatment Standard" imposed on an "Industrial User."
   "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 1/2-inch (1.27 centimeters) in any dimension.
   "PUBLIC SEWER."  A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
   "PUBLICLY OWNED TREATMENT WORKS (POTW)."  A treatment works as defined by Section 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 wastewaters to the POTW treatment plant, but does not include pipes, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
   "SANITARY SEWER." A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
   "SEWAGE." A combination of the water- carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
   "SEWAGE TREATMENT PLANT."  Any arrangement of devices and structures used for treating sewage.
   "SEWAGE WORKS."  All facilities for collecting, pumping, treating, and disposing of sewage.
   "SEWER."  A pipe or conduit for carrying sewage.
   "SEWER SERVICE CHARGES."  Charges levied on all users' discharge, which cause or permit the discharge of sewage into the public sewage treatment system. These charges are comprised of a system of user charges, excessive strength or toxicity surcharges, and a system of charges for debt service.
   "SHALL."  Is mandatory.
   “SIGNIFICANT INDUSTRIAL USER (SIU) 40 CFR 403.3(v).”  Except where the control authority of a publicly owned treatment works (POTW) has found an industrial user to be exempt pursuant to 40 CFR 403.3(v)(2) and (3):
      (1)   All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and CFR Chapter I, Subchapter N; and
      (2)   Any other industrial user that discharges an average of 25,000 gallons or more of process wastewater to a POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); contributes a process wastestream 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 POTW control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement.
   “SIGNIFICANT NONCOMPLIANCE (SNC) 40 CFR 403.8(F)(2)(viii).” For the purposes of this provision, a significant industrial user (or any industrial user which violates 40 CFR 403.8(F)(2)(viii)(C), (D), or (H)) is in significant noncompliance if its violation meets one 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 for the same pollutant parameter during a six month period exceed (by an magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pollutant parameter during a six month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) 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 standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW 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 under 40 CFR 403.8(F)(1)(vi)(B) 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 local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide, within 30 days afer 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/or
      (8)   Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
   “SLUG.”  Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes, more than five times the average 24 hour concentration or flows during normal operation.
   "STANDARD INDUSTRIAL CLASSIFICATION (SIC)."  A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
   "STANDARD METHODS."  The current edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association.
   "STORM DRAIN" or "STORM SEWER." A sewer which carries storm and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
   "STORM WATER."  Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   "SUPERINTENDENT."  The Director of Sewage Works of the city, or his authorized deputy, agent, or representative.
   "SUSPENDED SOLIDS."  Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are 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 provision of CWA 307(a) or other acts.
   "USER."  Any person who contributes, causes, or permits the contribution of wastewater into the city's POTW.
   "USER CHARGES."  Charges levied on users of the sewage system to offset the cost of operations and maintenance of the System.
   "WASTEWATER."  The water-carried wastes of the community derived from human or industrial sources including "Domestic Wastewater" and "Industrial Wastewater." Rainwater, groundwater, or drainage of uncontaminated water is not "WASTEWATER."
   "WASTEWATER DISCHARGE PERMIT" or "PERMIT FOR INDUSTRIAL DISCHARGE."  As set forth in § 52.05.
   "WATERCOURSE."  A channel in which a flow of water occurs, either continuously or intermittently.
   "WATERS OF THE STATE."  All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, 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 state or any portion thereof.
(Ord. 793, passed 12-8-83; Am. Ord. 798, passed 3-22-84; Am. Ord. 2011-1546, passed 7-28-11; Am. Ord. 2012-1581, passed 6-28-12)