(A) 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.
APPROVAL AUTHORITY. The State Environmental Protection Agency.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER.
(a) If the industrial user is a corporation,
AUTHORIZED REPRESENTATIVE shall mean:
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 1 or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $20,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the industrial user is a partnership or sole proprietorship, an
AUTHORIZED REPRESENTATIVE shall mean a general partner or proprietor, respectively;
(c) If the industrial user is a federal, state, or local governmental facility, an
AUTHORIZED REPRESENTATIVE shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his or her designee; or
(d) The individuals described in divisions (a) - (c) above may designate another
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.
BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, 5 days at 20°C, expressed in terms of mass and concentration (milligrams per liter (mg/l)).
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with §§ 307(b) and 307(c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. chapter I, subchapter N, pt. 405 - 471.
COLOR. The optical density at the visual wavelength of maximum absorption, relative to distilled water. 100% transmittance is equivalent to 0.0 optical density.
COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
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 regional
water management division director or other duly authorized official of the agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to the source if the standard is thereafter promulgated in accordance with § 307 of the Act.
GRAB SAMPLE. A sample which is taken from a waste stream on a 1-time basis without regard to the flow in the waste stream and without consideration of time.
INDIRECT DISCHARGE or DISCHARGE. The introduction of nondomestic pollutants into the POTW from any nondomestic source regulated under §§ 307(b), 307(c), or 307(d) of the Act.
INDUSTRIAL USER or USER. A source of indirect discharge.
INSTANTANEOUS MAXIMUM AL- LOWABLE DISCHARGE LIMIT. The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources:
(a) Inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use, or disposal; and
(b) Therefore is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder (or more stringent state or local regulations): § 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
MAY. The act referred to is permissive or discretionary.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
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, which will be applicable to the source if those 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;
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 division (a)2. or (a)3. above but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a
NEW SOURCE as defined under this section 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, as- sembly, or installation of facilities or equipment; or
b. Significant site prepa- ration 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.
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 provision.
NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
PASS THROUGH. A discharge which exits the POTW into waters of the U.S. 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’s NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, copartnership, 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, or local governmental entities.
pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
POLLUTANTS. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (such as pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, odor).
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 the 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 an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Prohibitive 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 § 53.015 of this code.
PUBLICLY OWNED TREATMENT WORKS or POTW. A “treatment works” as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned by the state or municipality. This definition
includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
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, and the like).
SHALL. The act referred to is mandatory.
SIGNIFICANT INDUSTRIAL USER. Shall apply to:
(a) Industrial users subject to categorical pretreatment standards; or
(b) Any other industrial user that:
1. Discharges an average of 25,000 gpd or more of process wastewater;
2. Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
3. Is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 53.015 of this code or any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
STANDARD INDUSTRIAL CLAS- SIFICATION or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snow melt.
SUPERINTENDENT. The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
TOXIC POLLUTANT. One of 126 pollutants, or combination of those pollutants, listed as toxic in regulations promulgated by the EPA under the provisions of § 307 of the Act (33 U.S.C. § 1317).
TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the POTW into waters of the state.
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 TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW designed to provide treatment of sewage and industrial waste.
(B) The use of the singular shall be constructed to include the plural and the plural shall include the singular as indicated by the context of its use.
(1969 Code, § 27-173) (Ord. 1999-45, passed 11-29-1999)