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.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal, state, or local) contained in the ordinance and considered to be the most restrictive with which non-domestic users will be required to comply.
APPROVAL AUTHORITY. The Regional Administrator of EPA Region V. IDEM will automatically be designated as the Approval Authority if its pretreatment program is approved by the EPA and EPA delegates its pretreatment program authority to IDEM.
AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) 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
(b) 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 or 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 wastewater discharge permit or requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local governmental facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.
(4) The individuals described in divisions (1) through (3) of this definition may designate 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 Superintendent.
BENEFICIAL USES. Include, but are not limited to, domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment, navigation, the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible and intangible, as specified by state or federal law.
BEST MANAGEMENT PRACTICES or BMP. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in § 51.025(A) and (B) and 40 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.
BIOCHEMICAL OXYGEN DEMAND or BOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/l).
BUILDING DRAIN - SANITARY. That part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING DRAIN - STORM. A building sewer that conveys stormwater or other clearwater drainage, but no sanitary or industrial sewage.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
CHEMICAL OXYGEN DEMAND or COD. The quantity of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.
CLEAR WATER FLOW. Ground water or precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltration) or conduits (inflow).
COLOR. The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero optical density.
CONTROL AUTHORITY. The Commissioner of the Indiana Department of Environmental Management.
COOLING WATER. The water discharged from any use such as air conditioning, cooling, or refrigeration or to which the only pollutant added is heat.
COUNCIL. The Town Council of the Town of Plainfield, Indiana, or any duly authorized official acting on its behalf; the governing body of the POTW. The terms TOWN COUNCIL and COUNCIL are used interchangeably in this chapter.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for sampling purposes.
DEBT SERVICE CHARGE. A charge levied on users of the POTW to fund debt service on outstanding revenue bonds and current capital costs.
EASEMENT. An acquired legal right for the specific use of land owned by others.
EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.
ENFORCEMENT RESPONSE PLAN (ERP). A document that provides protocol for responding to industrial pretreatment violations consistently and systematically and notifies industries of how the town will respond to pretreatment violations. The ERP is a guidance document and is part of the pretreatment program procedures.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed Categorical Pretreatment Standards which will be applicable to such source if the standard is thereafter promulgated in accordance with § 307 of the Act.
FATS, OILS, AND GREASE or FOG, (also referred to as TOTAL OIL AND GREASE). A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures.
FLOW PROPORTIONAL COMPOSITE SAMPLE. A 24-hour composite sample that consists of at least three grab samples collected over equal time intervals during the period of process discharge. The grab samples for the composite shall be proportioned to flow. If a user does not utilize an automatic sampler, a flow proportioned composite sample may be obtained by:
(1) Recording the discharge flow rate at the time each individual sample is taken;
(2) Adding together the discharge flow rates recorded from each individual sampling time to formulate the “total flow value”;
(3) Dividing the discharge flow rate of each individual sampling time by the “total flow value” to determine its percentage of the “total flow, value”; and
(4) Multiplying the volume of the total composite sample by each individual sample’s percentage to determine the volume of that individual sample that will be included in the total composite sample.
GARBAGE. Any solid wastes from the preparing, cooking, or dispensing of food or from the handling, storing, or selling of produce.
GRAB SAMPLE. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
HAZARDOUS WASTE. Any waste defined as a hazardous waste under 40 CFR Part 261.
ILLICIT DISCHARGES. Wastewater or storm water discharges that do not meet the town’s standards for quality.
(1) Illicit discharges for wastewater will include:
(a) Non-sanitary wastewater from infiltration or inflow as defined in this chapter; and
(b) Wastewaters that are specifically prohibited as defined in § 51.025 of this chapter.
(2) Illicit discharges for storm water will include:
(a) Yard waste;
(b) Animal wastes;
(c) Chlorinated pool waters;
(d) Hazardous or other regulated wastes; and
(e) Other materials deemed incompatible with stormwater by town review.
INDIANA PLUMBING RULES. The latest edition of Volume III, Plumbing Rules and Regulations of the Administrative Building Council of the State of Indiana.
INDIRECT DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source.
INDUSTRIAL USER. An indirect discharger.
INDUSTRIAL WASTE. Any solid, liquid, or gaseous substance or form of energy that is discharged, permitted to flow into, or enter the sewer system or ground from an industrial, manufacturing, commercial, or business process or from the development, recovery, or processing of any natural resource carried on by any person, and shall further mean any waste from an industrial user, but not including sanitary sewage or storm water.
INFILTRATION. Water entering the sewerage system directly or via private sewers, building drains, and building sewers connected therewith, from the ground, through whatever means, including, but not limited to defective pipe joints, connections, or manhole walls.
INFLOW. Water, other than wastewater, entering the sewerage system from sources such as cellars, yard areas, foundation drains, drains from springs and swampy areas, manhole areas, cross connections between storm and sanitary sewers, catch basins, cooling towers, storm water, surface runoff, and street wastewater or drainage.
INSPECTOR. A person or persons duly authorized by the town, through its Town Council, to perform inspections and approve the installation of building sewers and their connection to the public sewer system
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the flow rate and/or the duration of the sampling event.
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, its sludge processes, use or disposal; and therefore is a cause of a violation of any requirement of the town’s 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:
(1) Section 405 of the Act;
(2) 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;
(3) The Clean Air Act;
(4) The Toxic Substances Control Act; and
(5) The Marine Protection Research and Sanctuary Act.
MAXIMUM DAILY DISCHARGE LIMITATIONS. The highest allowable pollutant concentration for a sample representing the discharge for a 24 hour period.
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.
NEW SOURCE.
(1) 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 such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 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.
(2) 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 (l)(b) or (c) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work, including clearing, excavating, or removing existing buildings, structures, or facilities, which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(b) 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 division.
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.
NON-POLAR OIL AND GREASE. Petroleum-based oil and grease, also known as total petroleum hydrocarbons or TPH.
NORMAL DOMESTIC SEWAGE. Sewage as discharged by residential users with a BOD concentration not in excess of 250 mg/l, a suspended solids concentration not in excess of 250 mg/l, and an ammonia nitrogen concentration not in excess of 20 mg/l.
NUISANCE. Any substance which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property.
OPERATION AND MAINTENANCE. All expenses related directly to operating and maintaining (including replacement of) the sewage works as identified in the Uniform System of Accounts for Wastewater Utilities or as prescribed by the Indiana State Board of Accounts under the general headings, Plant Operation and Maintenance, Sewer Operation and Maintenance, Customer Accounts, Administrative and General, Insurance, and Taxes.
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 town’s NPDES permit (IN0062456), 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 governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT.
(1) COMPATIBLE POLLUTANTS. Wastewater having or containing measurable BOD, suspended solids, pH, fecal coliform bacteria, or additional pollutants identified or defined in the town’s NPDES permit or by the state.
(2) INCOMPATIBLE POLLUTANTS. Any pollutants which are not compatible pollutants.
POLLUTION. An alteration of the quality of water by waste, contaminants, or pollutants to a degree that renders the water unfit for beneficial uses.
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 dilution is 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. Pretreatment Standards shall mean state pretreatment standards as established in 327 IAC 5-18-8; pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; national categorical Pretreatment Standards incorporated by reference in 327 IAC 5-18-10, and local limits.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.025 of this chapter.
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 town. 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.
RECEIVING SEWER SYSTEM. The Plainfield municipal sewer system.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the POTW to maintain the capabilities and performance for which the POTW was designed and constructed.
SANITARY SEWAGE. Sewage such as, and having the characteristics of, domestic sewage from dwellings, including apartment houses and hotels, office buildings, factories, or institutions, free from storm and surface water and industrial wastes.
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).
SEWAGE CHARGES. The total of the user charge and the debt service charge.
SEWER. A pipe or conduit laid for carrying sewage or other liquids and solids suspended or entrained therein. Types of sewers:
(1) COMBINED SEWER. A sewer that carries both sanitary and storm water flow by design.
(2) HOUSE LATERAL SEWER. A lateral sewer installed in a residential property.
(3) LATERAL SEWER. A sewer from the building drain to the sewerage system.
(4) PUBLIC SEWER. A sewer owned by the town.
(5) SANITARY SEWER. A sewer that carries only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants, and institutions.
(6) STORM SEWER. A sewer that carries only storm water flow.
SEWERAGE SYSTEM (also referred to as COLLECTION SYSTEM). The network of publicly-owned sewers and appurtenances used for collecting, transporting, and pumping wastewater to the wastewater treatment plant and the wastewater treatment plant itself.
SHREDDED GARBAGE. Garbage that is shredded to a degree so that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
SIGNIFICANT INDUSTRIAL USER (SIU). Except as provided in division (3) of this definition, a SIGNIFICANT INDUSTRIAL USER is:
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(b) 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
(c) Is designated as such by the Control Authority on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in division (2) of this definition, has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from a user, 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 NONCOMPLIANCE (SNC). For compliance provisions of this chapter, SIGNIFICANT NONCOMPLIANCE (SNC) is defined as follows:
(1) Violations of wastewater discharge limits:
(a) Chronic violations. Sixty-six percent (66%) or more of the measurements taken for the same pollutant parameter taken during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous maximum allowable discharge limits;
(b) Technical review criteria (TRC). Thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous maximum allowable discharge limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);
(c) Any other violation(s) of a pretreatment standard or requirement as defined by division (2), (3) or (4) of this definition, (daily discharge, long-term average, instantaneous maximum allowable discharge limit or narrative standard) that the Council, on the recommendation of 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 which has caused imminent endangerment to the public or to the environment or has resulted in the POTWs exercise of its emergency authority to halt or prevent such a discharge;
(2) Failure to meet, within 90 days of the scheduled date a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(3) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(4) Failure to accurately report noncompliance; or
(5) Any other violation or group of violation(s) which may include a violation of best management practices, which the Council, on the recommendation of the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects.
SLUG DISCHARGE or SLUG LOAD. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 51.025 of this chapter. 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) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
STORM SEWER SYSTEM. The network of storm collection infrastructure that includes: sewers, swales, ditches, streams and waterways that are used for collecting and transporting storm water drainage. The Town of Plainfield is responsible for the maintenance of all publicly-owned ditches and swales that convey drainage. All privately owned stormwater conveyances are governed under the town’s drainage ordinance.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
SUPERINTENDENT. The person holding the title of Superintendent of Public Works as designated by the Town Council who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative as designated by the Town Council.
SURCHARGE. A charge for sewerage services in addition to the basic sewage charge. This charge is assessed to users whose sewage places a burden on the POTW greater than that covered by the basic sewage charges.
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.
TIME WEIGHTED COMPOSITE SAMPLE. A 24 hour composite sample that consists of at least three grab samples collected over equal time intervals during the period of process discharge. Equal aliquots of each grab sample are combined to form the composite sample representing the 24 hour period.
TOWN. The Town of Plainfield, Indiana, acting by and through its duly authorized representatives.
TOWN COUNCIL or COUNCIL. The Town Council of the Town of Plainfield, Indiana, or any duly authorized official acting on its behalf; the governing body of the POTW. The terms TOWN COUNCIL and COUNCIL are used interchangeably in this document.
USER. A person who introduces or discharges any substance into the POTW.
USER CHARGE. A charge levied on users of the POTW, or that portion of the ad valorem taxes paid by a user, for the user’s proportionate share of the cost of operation and maintenance, including replacement, of the treatment works.
USER CLASSES. A source of indirect discharge. The following are the USER CLASSES:
(1) Commercial user. Transit, lodging, retail, and wholesale establishments or places engaged in providing merchandise for personal, household, or industrial consumption and rendering services to others.
(2) Governmental user. A user engaged in legislative, judicial, or administrative activities of federal, state, and local governments such as courthouses, police and fire stations, town hall, and similar governmental uses.
(3) Industrial user. Any person who introduces or has the potential to introduce pollutants into a POTW from any manufacturing, noncommercial, or non-domestic source.
(4) Institutional user. A publicly- or privately-owned school, hospital, nursing home, prison, or other similar institution whose wastes are segregated domestic wastes.
(5) Residential user. A user who introduces only normal domestic sewage from a single-family or multi-family dwelling into the POTW.
WASTE. Sanitary sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing, or industrial operation of whatever nature, including waste placed within containers of whatever nature prior to and for purposes of disposal.
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 CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological, and radiological parameters, including volume, flow rate, and other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.
WASTEWATER DISCHARGE PERMIT (INDUSTRIAL WASTEWATER PRETREATMENT PERMIT or IWP). A permit issued by the Control Authority to a user of the wastewater utility which establishes specific conditions and requirements.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 06-2017, passed 5-22-2017)