8-4-1-3: DEFINITIONS:
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 STANDARDS: For any specified pollutant, City prohibitive standards, City specific pretreatment standards (local limits), State of Idaho pretreatment standards or EPA's Categorical Pretreatment Standards (when effective), whichever standard is most appropriate or most stringent, as determined by the Public Works Director.
APPROVAL AUTHORITY: The Idaho Department of Health and Welfare, Division of Environmental Quality.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER:
   A.   If the Industrial User is a corporation:
      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 function 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 the explicit or implicit duty of making major capital investment recommendations and the 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: a general partner or proprietor, respectively.
   C.   If the industrial user is a Federal, State or local governmental facility: a director or highest official appointed or designed to oversee the operation and performance of the activities of the government facility or his/her designee.
   D.   Individuals described in subsections A through C of this definition may designate another authorized representative if 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 the environmental matters for the company and the written authorization is submitted to the Public Works Director.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in 8.4.2.1 of this Chapter. BMPs may also include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs shall be considered local limits and pretreatment standards for the purposes of this Chapter and 40 CFR 403.5(c)(4).
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 milligrams per liter (mg/l).
BUILDING SEWER: A sewer conveying wastewater from the premises of a user to the Rathdrum Wastewater Collection System.
CATEGORICAL INDUSTRIAL USER: An industrial user regulated by one or more or EPA's categorical pretreatment standards.
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, subchapter N, Parts 405-471.
CITY OF RATHDRUM: May be referred to as the "City", which may include any of the following: The Mayor, City Council Members, City Administrator, Director of Public Works.
CLEAN WATER ACT: (See definition of ACT).
COMPLIANCE PERSONNEL: The person or persons designated by the Public Works Director, charged with certain duties and responsibilities by this Chapter, or a duly authorized representative.
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.
COOLING WATER, NON-CONTACT: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Non-contact 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.
DIRECT DISCHARGE: The discharge of treated or untreated wastewater directly to the waters of the State of Idaho.
DOMESTIC SOURCE: A source of domestic (sanitary) wastewater from residential sources including but not limited to wastewater from kitchen, bath and laundry facilities; or wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, drinking fountains, noncommercial sinks and similar structures) of commercial, industrial or institutional buildings, provided that the wastewater exhibits characteristics that are similar to those of wastewater from normal residential activities.
ENVIRONMENTAL PROTECTION AGENCY (EPA): The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said Agency.
GRAB SAMPLE: An individual sample of at least 150 ml 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 sections 307(b), (c) or (d) of the Act.
INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, either a) inhibits or disrupts the Post Falls 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 POTW's NPDES 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 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 11 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.
MAXIMUM ALLOWABLE DISCHARGE LIMIT: The maximum concentration (or loading) of a pollutant allowed under Section 8-4-2-5 of this Chapter to be discharged.
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.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT: A permit issued pursuant to Section 402 of the Act (33 USC 1342).
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, providing 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 of 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 subsections A2 or A3 of this definition but otherwise alters, replaces or adds to existing process or production equipment.
   C.   Construction of a new source 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 are 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 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 definition.
pH: A symbol signifying the negative logarithm (base 10) of the hydrogen ion concentration of a solution or pure liquid expressed in gram equivalents per liter. The range of values of pH extends from zero to fourteen (14), seven (7) being the negative logarithm of the hydrogen ion concentration in pure water at twenty five degrees Celsius (25 C) or neutrality. Smaller numbers signify increasing acidity, greater ones increasing basicity.
PASS THROUGH: A discharge which exits the Post Falls POTW into water 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 violation of any requirement of the Post Falls' POTW NPDES permit (including an increase in the magnitude or duration of a violation).
PERMITTEE: A person or industrial user issued a wastewater discharge permit.
POLLUTANT: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, filter backwash, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastesdischarged into water.
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 Post Falls POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means except 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 National Pretreatment Standard.
PRETREATMENT STANDARDS, NATIONAL PRETREATMENT STANDARD, OR STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
PROHIBITED DISCHARGE: Standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 8-4-2-1 of this Chapter.
PROHIBITED DISCHARGE STANDARDS: Absolute prohibitions against the discharge of certain substances. These prohibitions appear in subsections 8-4-2-1A and B of this Chapter.
PUBLICLY-OWNED TREATMENT WORKS (POTW): Those treatment works which are owned by the City of Post Falls. This definition includes any sewers under the City's jurisdiction that convey wastewater to the Post Falls POTW 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 waste waters to the Post Falls POTW.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessel, chemical toilets, campers, recreational vehicles, trailers and septic tanks.
SEWAGE: A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present. "Wastewater" and "sewage" are synonymous and interchangeable.
SEWER: Any pipe, conduit or other device used to collect and transport sewage from the generating source.
SHALL, MAY: Shall is mandatory, may is permissive.
SIGNIFICANT INDUSTRIAL USER:
   A.   Except as provided in subsections 2. and 3. of this Section, the term "significant industrial user" means:
      1.   All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N; and
      2.   Any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the Post Falls POTW; or is designated as such by the Post Falls POTW on the basis that the industrial user has a reasonable potential for adversely affecting the Post Falls POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
   B.   The Post Falls POTW may determine that an industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, subchapter N 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:
      1.   The industrial user, prior to the Post Falls POTW's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
      2.   The industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and
   C.   Upon a finding that an industrial user meeting the criteria in subsection A.2. of this definition has no reasonable potential for adversely affecting the Post Falls POTW's operation or for violating any pretreatment standards or requirement, the Post Falls POTW may at any time, on its own initiative or in response to a petition received from an industrial user or Post Falls POTW, and in accordance with 40 CFR 403.8(f)(6) determine that such industrial user is not a significant industrial user.
SLUG LOAD: Any discharge at a flow rate or concentration which could cause a violation of the discharge standards in Sections 8-4-2-1 through 8-4-2-5 of this Chapter or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or noncustomary batch discharge.
SOLID WASTE DISPOSAL ACT: The Regulations in 42 U.S.C. 6901 et seq.
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 WATER: Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
TOTAL SUSPENDED SOLIDS (TSS): 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, in accordance with procedures approved in 40 CFR 136, as amended.
USER OR INDUSTRIAL USER: A source of indirect discharge. The source shall not include "domestic user" as defined herein.
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 industrial 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 wastewater.
The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Ord. 353, 6-21-1994; amd. Ord. 582, 10-9-2019)