(A) Abbreviations. For the purposes of this chapter, the following abbreviations shall be utilized.
BOD | Biochemical Oxygen Demand |
CBOD | Carbonaceous Biochemical Oxygen Demand |
C° | Celsius |
CCF | Capacity Connection Fee |
CFR | Code of Federal Regulations |
CN,A | Cyanide, Amenable |
CN, T | Cyanide, Total |
COD | Chemical Oxygen Demand |
ERP | Enforcement Response Plan |
EPA | United States Environmental Protection Agency |
F° | Fahrenheit |
FOG | Fats, Oils, Grease |
GPM | Gallons Per Minute |
HCF | Hundred Cubic Feet |
KDOW | Kentucky Division of Water |
KPDES | Kentucky Pollutant Discharge Elimination System |
KRS | Kentucky Revised Statutes |
LEL | Lower Explosive Limit |
MGD | Million Gallons Per Day |
Mg/L | Milligrams per Liter |
N | Nitrogen |
NOV | Notice of Violation |
NEMA | National Electrical Manufacturers Association |
NPDES | National Pollutant Discharge Elimination System |
O&M | Operation and Management |
P | Phosphorus |
pH | Negative Log of Hydrogen Ion Concentration |
POTW | Publicly Owned Treatment Works |
PVC | Polyvinyl Chlorine |
SNC | Significant Non-compliance |
SPCC | Spill Prevention Control and Countermeasure Plan |
SU | Standard Units |
SWDA | Solid Waste Disposal Act, 42 U.S.C. 6901, et seq. |
TKN | Total Kjeldahl Nitrogen |
TOMP | Total Organic Management Plan |
TP | Total Phosphorus |
TRC | Technical Review Criteria |
TSS | Total Suspended Solids |
TTO | Total Toxic Organics |
TVR | Total Volatile Residue |
USC | United States Code |
USGS | United States Geological Survey |
WRRF | Water Resource Recovery Facility |
(B) 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 Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
"ACTUAL DAMAGES." Denotes damages awarded by a court which are equivalent to the losses the city suffered which are directly attributable to the acts or lack thereof of the violator, including, but not limited to, total replacement or repair costs, medical expenses, loss of income, and any and all legal fees and expenses associated with prosecuting the case against the violator.
"ADMINISTRATOR." The Administrator of the United States Environmental Protection Agency (USEPA).
"AGENCY." Any governmental or quasi-governmental entity.
"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. The Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
"AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER."
(a) An authorized representative of an industrial user may be:
1. A principal executive officer of at least the level of vice-president; if the industrial user is a corporation;
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.
(b) An authorized representative of the city may be any person designated by the city to act on its behalf.
"BASELINE MONITORING REPORT (BMR)." A report submitted by categorical industrial users within one hundred eighty (180) days after the effective date of a categorical standard which indicates the compliance status of the user with the applicable categorical standard (40 CFR 403.12(b)).
"BATCH DISCHARGE." An extraordinary release or discharge, either accidental or intentional, occurring in one or more discrete discharge episodes where a tank, vessel, reservoir, or other similar container or other industrial wastewater process is drained or partially drained at a rapid rate over a short time period. A batch discharge may or may not, result in a slug load.
"BEST MANAGEMENT PRACTICES (BMPs)." Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 52.13 and 52.31 [CFR 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.
"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 (5) days at twenty degrees (20°C), expressed as a concentration 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 (5) feet (one and one-half (1.5) meters) outside the inner face of the building wall. The City of Murray allows nothing in the sanitary building drain other than sewer water.
"BUILDING DRAIN OR SEWER - SANITARY." A building drain which conveys sewage only.
"BUILDING DRAIN OR SEWER-STORM." A building drain which conveys storm water or other drainage, but no sewage. The City of Murray does not allow storm water or other drainage to go into the sewer system.
"BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal, also called “house connection.”
"BYPASS." The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
"CATEGORICAL INDUSTRIAL USER." An industrial user subject to categorical pretreatment standards which have been promulgated by EPA.
"CATEGORICAL PRETREATMENT STANDARDS." National Categorical Pretreatment Standards or Pretreatment Standard. Any regulations containing pollution discharge limits promulgated by EPA (33 USC § 1317) which apply to a specific category of users and appear in 40 CFR Ch. I Subchapter N, Parts 405-471. Pollutant discharge limits in categorical pretreatment standards will be expressed as concentration limits wherever possible or mass limits. These limits shall apply to the effluent of the process regulated by the Standard.
"CFR." The Code of Federal Regulations.
"CHARGES FOR DEBT SERVICE." Charges levied on users of the sewage treatment system to support the annual debt service obligations of the system.
"CITY." The City of Murray, Kentucky including the Office of Mayor and/or the City Council or the designated representative of any of these entities.
"CLEAN WATER ACT (CWA)." (Also known as the Federal Water Pollution Control Act) enacted by Public Law 92-500. October 18, 1972. 33 USC 1251 et seq.: as amended by PL 95-217, December 28, 1977; PL 97-117. December 29, 1981; PL 97-440, January 8, 1983, and PL 100-04, February 4, 1987.
"COD (CHEMICAL OXYGEN DEMAND)." A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
"COMPATIBLE POLLUTANTS." Those pollutants that are normally removed by the POTW treatment system. Biochemical oxygen demand (BOD), suspended solids (SS), and ammonia are considered compatible pollutants.
"CONTAMINATION." An impairment of the quality of the waters of the state by waste to a degree, which creates a hazard to the public health, e.g., through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.
"CONTROL AUTHORITY." Refers to the "approval authority", defined above; or the Director of Public Works and Utilities or designee if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.
"COOLING WATER." The cleaned wastewater discharged from any system of heat transfer such as condensation, air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
"DAILY MAXIMUM." The maximum allowable value for any single observation in a given day.
"DILUTE WASTESTREAM." Boiler blowdown, sanitary wastewater, non-contact cooling water and certain process waste streams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant.
"DILUTION STREAM." Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 CFR 403.
"DIRECT DISCHARGE." The point source that discharges treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky, such as lakes, streams or rivers. Subject to NPDES program regulations.
"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.
"EASEMENT." An acquired legal right for the specific use of land owned by others.
"EFFLUENT."Any discharge at the end of a process that may or may not have been treated. In regard to industries, commercial facilities or residential buildings—anything discharged and being sent to the POTW or to the environment.
“ENFORCEMENT RESPONSE PLAN.” One of the key components of an approved POTW pretreatment program; includes step-by-step enforcement procedures developed and followed by POTW personnel to identify, document, and respond to violations by IUs. 40 CFR 403.8(f)(5).
"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.
"EQUIPMENT." All movable, non-fixed items necessary to the wastewater treatment process.
"EXCESSIVE STRENGTH OR TOXICITY SURCHARGE." Charges levied on users of the Murray Sewer System whose contribution contains pollutants (both conventional and toxic) in concentrations which exceed limits specified by the latest sewer use ordinance for such pollutants.
“FATS, OILS AND GREASE (FOG)." Management policy developed by the Murray Water and Sewer Systems to guide the City of Murray in handling and discharging of excess fats, oils, and grease from food service establishments into the collection systems, pumping stations and treatment works of the Murray Sewer System.
"FLOW PROPORTIONAL COMPOSITE SAMPLE." Combination of individual samples proportional to the flow of the waste stream at the time of sampling.
"FLOW WEIGHTED AVERAGE FORMULA (FWA)." A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and non-regulated waste streams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403.
"GARBAGE." Solid wastes, animal and/or vegetable, 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 over a period of time not to exceed fifteen (15) minutes.
"GREASE CONTROL EQUIPMENT (GCE)." Any equipment that removes fats, oils, and grease from wastewater such as a grease trap, which is installed inside the building usually under the counter/sink or in the floor of the kitchen area; or a grease interceptor which is usually installed outside in the ground (see the Fats, Oils and Grease (FOG) Management Program Policy).
"HAULED WASTES." Trucked wastes, and in a few instances, wastes received by railcar, which could include pollutants from non-domestic sources that are subject to general pretreatment regulations that are discharged at points specified by the POTW. A septage or waste hauler permit is required.
"HEARING BOARD." The Board appointed according to the provisions of City of Murray Municipal Appeals Ordinance § 134.
"HOLDING TANK WASTE." Any sanitary waste from holding tanks or chambers, including, but not limited to, those used in connection with boats, vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks or other isolated facilities from which sanitary wastes emanate.
"INCOMPATIBLE POLLUTANT." All pollutants other than compatible pollutants as defined in this section.
"INDIRECT DISCHARGE." The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b), (c) or (d) of the Clean Water Act (33 U.S.C. 1317), into the publicly owned treatment works (POTW) (including holding tank waste discharged into the system).
"INDUSTRIAL USER (IU)." Any source of indirect discharge from a non-domestic source.
"INDUSTRIAL USER PERMIT (IUP)." A permit issued to industrial users which authorizes discharges to the public sewer as set forth in the administration section of this chapter.
"INDUSTRIAL WASTES." The liquid wastes from industrial manufacturing processes, trade, or business, or from the development, recovery, or processing of natural resources, as distinct from domestic sanitary sewage.
"INTERCEPTOR." A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes which permits normal 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." A discharge that alone or in conjunction with a discharge or discharges from other sources, both (1) inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use or disposal; and (2) therefore is a cause of or contributes to a violation of any requirement of the POTW's NPDES/KPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal, in compliance with Section 405 of the Clean Water Act, (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act of 1965 (SWDA), (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act (40 CFR 403.3), 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.
"LOCAL LIMITS." Specific discharge limits developed and enforced by POTWs upon industrial or commercial facilities (IUs) to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
"MAINTENANCE." Keeping the wastewater treatment works in a state of repair and shall include expenditures necessary during the service life of the treatment works to maintain in the capacity or capability for which said works were designed and constructed.
"MAY." Is permissive.
"MAYOR." The Mayor of the city, or the duly appointed and authorized representative of the Mayor, including the Director of Public Works and Utilities or Supervisor of the Water Resource Recovery Facility, as defined herein.
"MEDICAL WASTE." Shall include, but not be limited to, isolation wastes, infectious agents, human blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
"MURRAY MUNICIPAL UTILITIES (MMU)." The division of the city established by the City Council that provides the city and its inhabitants and other areas contracted with the city, with natural gas, water, wastewater, sanitation, and storm water services, measures the use of such services, sends monthly statements and collects the usage payments.
"MURRAY SEWER SYSTEM." The division of Murray Public Works and Utilities that is responsible for working with the Division of Planning to identify the need for additional sewerage services; planning and establishing the proposed system, identifying the materials, manpower, and costs necessary for installing the mains and sewer lines required by the project; establishing timelines to assure that each project goal is met; and working with the outside engineers and the City Planning, Finance and Administrative personnel to ensure the project succeeds and remains within the identified budget. During the initial planning and building phase of the project, then manages the repair, maintenance, and replacement of the system as necessary.
"NATIONAL 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 industrial users.
"NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM" or "NPDES PERMIT." The national program for issuing, modifying, revoking, and reissuing, terminating, monitoring, and enforcing discharge permits from point sources to waters of the United States, and imposing and enforcing pretreatment requirements, under CWA sections 307, 402, 318, and 405. The 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, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"NEW SOURCE." Any building, structure, facility, or installation from which there may be a discharge of pollutants, 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 one hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
"PASS THROUGH." A discharge of a pollutant which cannot be treated adequately by the POTW, and therefore, 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 POTW's NPDES Permit (including an increase in the magnitude or duration of a violation) (40 CFR 403.3(p)).
"PERSON." Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, government entity or any other legal entity, or their representatives, agents or assigns.
"pH." The negative logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Describes the concentration of the hydrogen ions in a solution and is the indicator of acidity or alkalinity of the solution.
"POINT SOURCE." Any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fixture, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or could be discharged.
"POLLUTANT." Any wastes including, but not limited to, dredged spoil, solid waste incinerator residue, sewage, garbage, sludge, munitions, filter backwash, medical wastes, chemical wastes, biological materials, radioactive materials (except those regulated by the Atomic Energy Act of 1954, as amended [42 U.S.C. Section 2011 et seq.]), heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water and certain characteristics of wastewater (e.g., pH, temperature, TSS (total suspended solids), turbidity, color, BOD, COD, toxicity, or odor).
"POLLUTION." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water of the state by waste to a degree which affects such waters for beneficial uses or facilities which serve such beneficial uses. Pollution may include contamination.
"POTW TREATMENT PLANT." That portion of the POTW designed to provide treatment to wastewater. Also referred to as the Water Resource Recovery Facility (WRRF).
"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 or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR Section 403.6(d).
"PRETREATMENT PROGRAM." A program administered by a POTW that meets the criteria established by Federal Pretreatment Regulations, specifically 40 CFR 403.8 and 403.9, and which has been approved by a regional administrator or state director in accordance with 40 CFR 403.11.
"PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement containing pollutant discharge limits promulgated by the EPA and related to related to pretreatment, other than a "National Pretreatment Standard" imposed on an "industrial user."
"PRETREATMENT STANDARD OR NATIONAL PRETREATMENT STANDARD." Any regulation containing pollutant discharge limits promulgated by the E.P.A. in accordance with Section 307(b) of the Act and 40 CFR 405-471, which applies to industrial users.
"PROCESS WASTEWATER." Any water, which during manufacturing or processing, comes into direct contact with, or results from, the production of or use of any raw material, intermediate product, finished product, by-product, or waste product.
"PRODUCTION-BASED STANDARD." A discharge limitation expressed in terms of allowable pollutant mass discharge rate per unit of production and is applied directly to an industrial user's manufacturing process.
"PROHIBITIVE DISCHARGE STANDARD." Any regulation developed under the authority of 307(b) of the Act and 40 CFR 403.5.
"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 one-half (1/2) inch (1.27 centimeters) in any dimension.
"PUBLIC SEWER." A common sewer controlled by the Murray Sewer System, a city-owned utility, in which all owners of abutting properties have equal rights. In general, the public sewer shall include the main sewer in the street and the service branch to the curb or property line.
"PUBLIC WORKS AND UTILITIES REVIEW COMMITTEE." A committee composed of the Field Operations Manager for the Department of Public Works and Utilities and the Supervisors of the Water Plant and the Water Resource Recovery Facility.
"PUBLICLY OWNED TREATMENT WORKS (POTW)." A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned by the city. 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 (sewers) that convey wastewaters to the POTW treatment facility, 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 industrial wastes from residences, commercial buildings, industrial plants, and/or institutions, and to which storm, surface, and groundwaters are not intentionally admitted.
"SEWAGE." The spent water of a community. A combination of the water-carried wastes from residences, commercial buildings, institutions, and industrial establishments.
"SEWAGE TREATMENT PLANT." Any arrangement of devices and structures used for treating sewage. Also referred to as the Water Resource Recovery Facility.
"SEWAGE WORKS OR SYSTEM." All facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge, namely the wastewater collection system and POTW.
"SEWER." A pipe or conduit for carrying wastewater.
"SEWER SERVICE CHARGES." A system of 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.
"SEWERAGE." Any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
"SHALL." Is mandatory.
“SIGNIFICANT INDUSTRIAL USER (SIU) 40 CFR 403.3(v).” Defined by EPA as:
(a) 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 twenty- five thousand (25,000) gallons per day (gpd) or more of process wastewater to a POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five percent (5%) or more of the average dry-weather hydraulic or organic (BOD, TSS, etc.) capacity of the POTW treatment facility; or is designated as such by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW treatment plant operations (inhibition, pass through of pollutants, sludge contamination or endangerment of POTW workers) or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)]. Murray Sewer System 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;
a. The industrial user, prior to the Council's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
b. The industrial user annually submits the certification statement required in 40 CFR 403.12(g) together with any additional information necessary to support the certification statement; and
c. The industrial user never discharges any untreated concentrated process wastewater.
(b) Upon finding that a user, meeting the criteria in this section, has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, Murray Sewer System, may at any time, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
“SIGNIFICANT NON- COMPLIANCE (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 non- compliance if its violation meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period exceed (by an magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all the measurements taken for the same pollutant parameter during a six (6) 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);
(c) 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 dischargers, 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 under 40 CFR 403.8(F)(1)(vi)(B) 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 local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within thirty (30) days afer 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 schedules;
(g) Failure to accurately report non-compliance; and/or
(h) 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 fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.
"SLUG DISCHARGE." Any discharge of a non-routine, episodic nature, including 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.
"SLUG LOADING." The discharge of any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the wastewater treatment system or which exceeds limits set forth in the industry's discharge permit and which include accidental spills.
"SPILL PREVENTION AND CONTROL PLAN." A plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.
"STANDARD INDUSTRIAL CLASSIFICATION (SIC)." A system for classifying industries by a four (4) digit code established in 1937, pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. In 1988, the North American Industry Classification System (NAICS), replaced the SIC. The City of Murray shall utilize the latest version of the Manual and/or Code NAICS published in 2022.
"STANDARD METHODS." The examination and analytical procedures set forth in the recent editions of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association, the American Water Works Association and the Water Environment Association, and the Water Pollution Control Federation and as set forth in the Congressional Record 40 CFR 136.
"STORM DRAIN" or "STORM SEWER." A drain or 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 from such precipitation, including snowmelt or other natural precipitation, including, but not limited to, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters.
"SUPERINTENDENT." A generic term for the Director of Public Works and Utilities or the Supervisor of the Water Resource Recovery Facility of the city, or his or her authorized deputy, agent, or representative.
"SURCHARGE." Are not penalties or fines, but rather the charge, which the user must pay in addition to the sewer use and debt service charge for those users whose contribution contains biochemical oxygen demand (BOD), chemical oxygen demand (COD), suspended solids (TSS) or total phosphorus in concentrations which exceed limits specified for such pollutants. Where authorized by the control authority, payment of surcharges are intended to recoup the cost of treatment of compatible wastes by the POTW and must not be used to allow discharges of toxic pollutants that cause pass through or interference.
"TOTAL PHOSPHORUS." A measure of all phosphorus found in a sample whether dissolved or particulate.
"TOTAL SUSPENDED SOLIDS." Total suspended matter that either floats on the surface of, or is in suspension in water, sewage, or other liquids, and which is in suspension in water, sewage, or other liquids, and which is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater."
"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 or discharge of wastewater into the city's POTW. Classifications of users include residential, industrial, public and commercial.
"USER CHARGES." Charges levied on users of the Murray Sewer System to offset the cost of operations and maintenance of the system.
"WASTEWATER." The liquid and water-carried wastes of the community derived from human or industrial sources and commercial buildings, including "domestic wastewater" and "industrial wastewater." Rainwater, groundwater, or drainage of uncontaminated water is not "WASTEWATER."
“WASTEWATER FACILITIES.” All of the connected treatment works necessary to meet the requirements of Title III of the federal act and involved in: (a) the transport of wastewaters from premises to a plant or a facility wherein treatment of the wastewater is accomplished; (b) the treatment of the wastewaters to remove pollutants; and/or (c) the ultimate disposal, including recycling or reuse of the treated wastewater and residues resulting from the treatment process.
"WATER RESOURCE RECOVERY FACILITY." Often referred to as "wastewater treatment plant or sewage treatment plant," means an arrangement of devices. Structures and equipment for treating wastewater, industrial wastes and sludge and disposing of the effluent.
"WATERCOURSE." A natural or artificial channel for the passage or flow of water, 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. 2024-1867, passed 7-11-24)