Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC 1251 et seq.
APPLICABLE PRETREATMENT STANDARD: For any specified pollutant, city prohibitive standard, city specific pretreatment standards (local limits), state of Idaho pretreatment standards, or EPA's categorical pretreatment standards, whichever standard is appropriate or most stringent.
APPROVAL AUTHORITY: The administrator of Idaho DEQ.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER: A. If the user is a corporation:
1. The president, vice president, secretary, or treasurer 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 one or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations and initiating and directing 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively;
C. If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee; and
D. A duly authorized representative is an individual designated by the responsible officer, manager, sole proprietor or general partner in writing. The written authorization must be submitted to the city and also specify either an individual or a position having the responsibility of the overall operation of the facility from which the industrial discharge originates, such as the position of the plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company. If an authorization in this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this definition must be submitted to the city prior to or together with any reports to be signed by an authorized representative.
BATCH DISCHARGE: Any single discharge that is specifically allowed under a wastewater discharge permit and that requires the prior written approval of the superintendent before discharge to the POTW.
BEST MANAGEMENT PRACTICES OR BMPS: Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also 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 (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Celsius (20°C), usually expressed as a concentration of milligrams per liter (mg/l).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 USC 1317) which applies to a specific category of users and which appears in 40 CFR chapter I, subchapter N, parts 405-471.
CATEGORICAL USER: A user regulated by one of EPA's categorical pretreatment standards.
CHEMICAL OXYGEN DEMAND OR COD: A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
CITY: The city of Pocatello, Idaho, the city council, the POTW, the city water pollution control superintendent, or his or her duly authorized deputy, representative or agent, or "control authority" as defined herein or in 40 CFR 403.
CLEAN WATER ACT: The federal water pollution control act, as amended (33 USC 1251 et seq.).
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 (0.0) optical density.
COMPOSITE SAMPLE: A sample made up of a mixture of discrete samples (minimum 12) collected at the same sampling point at equal intervals over a twenty four (24) hour period, with each interval not to exceed two (2) hours. In a flow proportioned composite sample, the discrete portions are varied according to flow. Where the flow is not continuous over a twenty four (24) hour period, portions shall be collected at equal intervals over the period of discharge.
Each aliquot shall be a grab sample of not less than one hundred milliliters (100 ml) and shall be collected and preserved in accordance with 40 CFR 136, and amendments. Sample volume at the completion of each twenty four (24) hour period shall include enough sample volume to perform all analyses required by the city.
The city interprets a "day" to be a twenty four (24) hour period and does not require that it occur within a calendar day. This is consistent with the definition for "daily discharge" in the IPDES regulations at 40 CFR 122.2.
CONTAMINANT: Any substance that is discharged to the POTW other than clean drinking water and/or storm and surface water runoff.
CONTROL AUTHORITY: The city of Pocatello, the city council, the POTW, the city water pollution control superintendent, or his or her duly authorized deputy, representative or agent.
COOLING WATER/NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.
DAILY MAXIMUM LIMIT: The maximum allowable discharge limit of a pollutant during a calendar day. Where the daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where the daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DOMESTIC USER (RESIDENTIAL USER): Any person who contributes, causes or allows the contribution of wastewater into the POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Discharges from single- or multi- family dwellings, from office buildings or from commercial establishments, factories, and institutions which originate from toilet facilities, baths, or kitchens (provided there is no commercial preparation of foods), free from stormwater, surface water, and industrial or other process water. Discharges from a residential dwelling unit typically include up to one hundred (100) gallons per capita per day, 0.2 pound of BOD per capita per day, and 0.17 pound of TSS per capita per day.
DOMESTIC WASTE: Water carrying human wastes, including kitchen wastes, bath wastes, and laundry wastes that are typical of residential discharges, but does not include industrial wastes.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. environmental protection agency or, where appropriate, the director or the region 10 office of water, or other duly authorized official of said agency.
EXISTING SOURCE: A categorical industrial user, the construction or operation of whose facility commenced prior to the publication by EPA of proposed categorical pretreatment standards, which would be applicable to such source if and when the standard is thereafter promulgated in accordance with section 307 of the act.
EXISTING USER: Any noncategorical user which was discharging wastewater prior to the effective date hereof.
GRAB SAMPLE: An individual sample collected over a period of time not exceeding fifteen (15) minutes.
INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
INDUSTRIAL WASTE: Any liquid, solids, or gaseous substance, or combination thereof, resulting from or used in connection with any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research, including, but not limited to, development, recovering or processing of natural resources, and leachate from landfills or other disposal sites.
INSTANTANEOUS 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 industrial flow rate and the duration of the sampling event.
INTERFERENCE:A discharge that alone, or in conjunction with a discharge or discharges from other sources: a) inhibits or disrupts the POTW, its treatment processes or operations; b) inhibits or disrupts its sludge processes, use or disposal; or c) is a cause of a violation of the city's IPDES 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 more stringent state or local regulations: section 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.
IPDES PERMIT: The city’s Idaho pollutant discharge elimination system permit.
LOCAL LIMIT: Specific discharge limits developed and enforced by the city upon nonresidential users to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
MAXIMUM ALLOWABLE 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.
MAXIMUM ALLOWABLE HEADWORKS: The maximum loading of a pollutant that can be received at the POTW's headworks without causing pass-through, interference, interfere with beneficial reuse of sludge, or cause an adverse effect on worker health.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING (MAIL): The total mass of a pollutant that all industrial users (or a subgroup of industrial users as identified by the city) may discharge pursuant to the local limits developed under 40 CFR section 403.5(c).
MEDICAL WASTES: 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.
MONTHLY AVERAGE: The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
MONTHLY AVERAGE LIMIT: The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.
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 categorical pretreatment standards under section 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:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
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 subsection A2 or A3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source as defined herein has commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous on site construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. Significant site preparation 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; or
2. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 subsection C2.
NEW USER: A user that is not regulated under federal categorical pretreatment standards but applies to the city for a building permit or occupies an existing building and plans to commence discharge of wastewater to the POTW after the effective date hereof. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an "existing user" if no significant changes are made in the manufacturing operation.
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 city of Pocatello's IPDES permit, including an increase in the magnitude or duration of a violation.
PERMITTEE: A person or user issued a wastewater discharge permit.
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: The negative logarithm of the effective hydrogen-ion concentration or hydrogen activity in gram equivalents per liter used in expressing both acidity and alkalinity on a scale whose values run from 0 to 14, with 7 representing neutrality, numbers less than 7 increasing acidity, and numbers greater than 7 increasing alkalinity.
POLLUTANT: Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of the wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
POLLUTANT OF CONCERN (POC): Any pollutant that is present in concentrations or mass that may reasonably be expected to cause pass-through, interference or impact another environmental standard evaluated in the development of local limits.
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 allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENT: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards, and local limits and/or BMPs established by the POTW.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances which appear in section 13.20.030 of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW): A "treatment works", as defined by section 212 of the act (33 USC 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 and any conveyances which convey wastewater to a treatment plant. This term also means the city.
SEPTAGE TANK WASTE: Any sewage from holding tanks such as vessels, cesspools, chemical toilets, campers, trailers and septic tanks, or similar system that receives only domestic waste.
SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).
SEWER (SANITARY SEWER): The portions of the POTW which are designated by the superintendent to carry, treat, or dispose of wastewater not constituting storm or surface water permitted by or under this chapter to enter the POTW.
SHALL, MAY: "Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER: Except as provided in subsection C of this definition, a significant industrial user is:
A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
C. Upon a finding that a user meeting the criteria in subsection B of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the city 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.
SLUG LOAD OR SLUG DISCHARGE: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 13.20.030 of this chapter or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.
STORMWATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt, and is not contaminated by any industrial process.
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 the superintendent's duly authorized representative.
SURCHARGE LIMITS: Abnormal strength wastes are charged additional fees. Additional fees are charged per pound per one thousand (1,000) gallons in accordance with the city's most current rate resolution.
TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or in suspension in, water, wastewater, or other liquid; and which is removable by laboratory filtering.
TOXIC POLLUTANTS: Those pollutants, or combinations of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through the food chains, will, on the basis of information available to the superintendent, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
TREATMENT PLANT EFFLUENT: The discharge from the POTW into waters of the United States.
UPSET: An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the applicable pretreatment standards due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation therefor.
USER, INDUSTRIAL USER OR PERSON: A source of indirect discharge. The source shall not include "domestic user" as defined herein.
WASTE HAULER: Any individual, partnership, corporation, company, or other entity, which transports or causes to be transported by truck, rail, or dedicated pipeline any sewage.
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 DISCHARGE PERMIT (INDUSTRIAL WASTEWATER DISCHARGE PERMIT): An authorization or equivalent control document issued by the city to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 3032, 2019: Ord. 2925, 2013: Ord. 2837 § 1, 2008)