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 USC 1251, et seq.
APPROVAL AUTHORITY. The Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
AUTHORIZED REPRESENTATIVE.
(1) An authorized representative of a user may be:
(a) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(b) A general partner or proprietor if the user is a partnership or proprietorship, respectively; or
(c) 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.
(2) An authorized representative of the city may be any person designated by the city to act on its behalf.
AVAILABLE. As used in connection with this chapter, means a public sewer located at the property line or point at which connection may be made with the city sanitary sewage collection facilities.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration in milligrams per liter (mg/l).
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 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, also called “house connection.”
BUILDING SEWER PERMIT. As set forth in §§ 52.045 et seq.
CITY. The City of Paintsville; its City Council or Commission; or the Utility Commission or other entity having responsibility for the POTW.
COMBINED SEWER. Any conduit carrying both sanitary sewage and stormwater or surface water.
COMMISSION. The Paintsville Utility Commission, as created by this chapter.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES/KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants 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, generally hourly 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. Shall refer to the term APPROVAL AUTHORITY defined above.
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 Johnson County and shall be applicable to that county in which the applicant resides.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater 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 term may also be used as a designation for the Administrator or other duly authorized official of the agency.
EQUIPMENT. All movable, nonfixed items necessary to the wastewater treatment process.
FEDERAL PRETREATMENT STANDARDS. Federal regulations for pretreatment of industrial wastewater under 40 CFR Parts 307, 402, 403, 405, and other applicable regulations, as amended.
FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the proper operation of the collection system.
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 on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
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 COMBINED SEWER.
INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Act, (33 USC 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 USC 1342).
INDUSTRIAL WASTES. The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
INTERCEPTOR. A device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal wastes while permitting 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. The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the city's NPDES/KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act (33 USC 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.
MANAGER. The person employed by the Utility Commission as Superintendent of the entire municipal water and/or sewer system, or his authorized deputy, agent or representative. (See also, SUPERINTENDENT)
MAXIMUM DAILY CONCENTRATION. The maximum concentration of a pollutant based on the analytical results obtained from a 24-hour composite sample.
MULTI-UNIT SEWER CUSTOMER. A location served where there are two or more residential units or apartments, two or more businesses in the same building or complex or where there is any combination of business and residence in the same building or complex.
NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES/KPDES PERMIT. A permit issued pursuant to Section 402 of the Act (33 USC 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 water course, 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 USC 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.
OPERATION AND MAINTENANCE [O&M] EXPENSES. All annual operation and maintenance expenses including replacement related directly to operating and maintaining the sewage works as shown by annual audit.
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, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage 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 manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
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 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 a significant user.
PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403(5).
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 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by Section 212 of the Act, (33 USC 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers, 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.
PUBLIC SEWER. 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. Expenditures 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 water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
SEWAGE. The spent water of a community. Domestic or sanitary waste shall mean the liquid or water-carried wastes from residences, commercial buildings and institutions as distinct from industrial sewage. The terms SEWAGE and WASTEWATER are used interchangeably.
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 of such works.
SIGNIFICANT USER. Any user of the city's wastewater did system who has a discharge flow of 25,000 gallons or more per average work day; has a flow greater than 5% of the flow in the city's wastewater treatment system; has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or State Statutes and rules; or is found by the city, State Control Agency or the U. S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
SLUDGE. Any discharge of water or wastewater 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 flow rate during normal operation and/or adversely affects the POTW.
SPECIFICATIONS. The Utilities Commission specifications for water and sewer system design, construction and inspection, latest revision.
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.
STANDARD METHODS. The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record 40 CFR 136.
STORM DRAIN (sometimes termed STORM SEWER). A drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.
STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The Superintendent of the Utility Commission and/or of water pollution control of the city or his authorized deputy, agent, or representative. (See also, MANAGER)
SURCHARGE. A charge for services in addition to the basic sewer user and debt service charges.
SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, other liquids, and that is removable by laboratory filtering prescribed in Standard Methods for the Examination of Water Wastewater and referred to as nonfilterable residue.
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 treatment works 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 sanitary sewers and wastewater treatment facilities provided.
USER. Any person who contributes, causes or permits the contribution of wastewater into the POTW.
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. The spent water of a community. Sanitary or domestic wastes shall mean the liquid and water carried wastes from residences, commercial buildings and institutions as distinct from industrial waste.
WASTEWATER CONTRIBUTION PERMIT. As set forth in § 52.115 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 wastewater, industrial wastes, and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANTor WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANTor SEWAGE TREATMENT PLANT.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, 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 state or any portion thereof.
(Ord. 87-10, passed 11-10-87)