For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABBREVIATIONS. The following abbreviations shall have the designated meanings:
ADMI | American Dye Manufactures Institute |
BOD | Biochemical Oxygen Demand |
BMP | Best Management Practices |
CFR | Code of Federal Regulations |
CIU | Categorical Industrial User |
COD | Chemical Oxygen Demand |
CWA | Clean Water Act of 1979 |
EPA | Environmental Protection Agency |
l | Liter |
mg | Milligrams |
mg/l | Milligrams per liter |
NPDES | National Pollutant Discharge Elimination System |
KPDES | Kentucky Pollutant Discharge Elimination System |
POTW | Publicly Owned Treatment Works |
SIC | Standard Industrial Classification |
SNC | Significant Noncompliance |
SWDA | Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq. |
TSS | Total Suspended Solids |
USC | United States Code |
ACT or THE ACT. The Federal Water Pollution Control Act, known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The chief Administrative official in an NPDES/KPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES/KPDES state or NPDES/KPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE. An authorized representative of a user may be:
(1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(2) A general partner or proprietor if the user is a partnership or proprietorship, respectively; and/or
(3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from the indirect discharge originates.
BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in B [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 material storage.
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. That 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 fact of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also called “house connections”.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307 (b) and (c) of the Act (33 U.S.C.1347) which applies to a specific category of industrial users.
CHEMICAL OXYGEN DEMAND or COD. A measure of the oxygen required to oxidize all compounds in water, both organic and inorganic.
CITY. The City of Richmond, its City Commission; or the Commission, Board or other entity having responsibility for the POTW.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids and fecal coliform bacteria, plus any additional pollutants identified in the POTW’s NPDES/KPDE 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.
CONTROL AUTHORITY. Refers to the “Approval Authority” defined hereinabove; or the Commission if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DILUTION STREAM. Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 CFR, subchapter N.
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 also maybe used as a designation for the administrator or other duly authorized official of said agency.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
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 this subchapter.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307 (b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharge into the system).
INDUSTRIAL USER. A source of indirect discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to § 402 of the Act (33 U.S.C. 1342).
INDUSTRIAL WASTES. The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
INTERCEPTOR. A devise designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from 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 any act 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 U.S.C. 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.
MAY. This is permissive (see SHALL).
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 § 402 of the Act (33 U.S.C. 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 watercourse, pond, ditch, lake, or other body of surface or groundwater.
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 of the Federal Water Pollution Control Act, 336 U.S.C. 1251 et seq. 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 install is constructed at a site where no other source is located;
(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 wastewaters generating process of the building, structure, facility or installation are substantially independent of an existing source at the same site.
(2) Construction of a NEW SOURCE as defined herein has begun 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, excavation or removal of existing buildings, structures, or facilities; or
(b) 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 definition.
OPERATION AND MAINTENANCE 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 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, cellular dirt and industrial, municipal, and agricultural waste discharged into water.
POLLUTION. The man-made 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 by other means, except as prohibited by 40 CFR § 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 § 403.(5).
PROPERLY SHREDDED GARBAGE. The wastes from preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
PUBLIC SEWER. A sewer controlled by the city, to which owners of the abutting properties may have access. In general, the PUBLIC SEWER shall include the main sewer in the street and the service branch to the curb or property line, or main sewer upon private property and any sewers which are connected with the sewage system of the city to the extent of ownership by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plan but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this subchapter, 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.
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 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 USERS CHARGES. A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of such works.
SHALL. Is mandatory (see MAY).
SIGNIFICANT INDUSTRIAL USER. Any user of the city’s wastewater disposal system who:
(1) Is subject to a categorical pretreatment standard under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
(2) Has a discharge flow of 25,000 gallons or more per average work day;
(3) Has a flow greater than 5% of the flow in the city’s wastewater treatment system;
(4) Has in its wastewaters toxic pollutants as defined pursuant to § 307 of the Act or state statutes and rules; or
(5) Is found by the city, state approval authority 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 the sludge, the system’s effluent quality, or air emissions generated by the system.
SLUG. Any discharge of water or waste water 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.
STATE. Commonwealth of Kentucky.
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 40 CFR 136.
STORM DRAIN or STORM SEWER. A drain or sewer for sewer for conveying water, groundwater, surface water, or unpolluted water from any source.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting there from.
SUPERINTENDENT. The Superintendent of Wastewater Facilities, and/or of Water Pollution Control of the city or its authorized deputy, agent, or representative.
SURCHARGE. A charge for services in addition to the basic sewer use and debt service charges.
SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is suspended in, water, wastewater, or other fluids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of water and Wastewater (see STANDARD METHODS above) and referred to as non filterable 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 § 307(a) of the Act or applicable state law, or substance causing toxicity under any state or federal biomonitoring requirement.
UNPOLLUTED WATER. Water of quality equal to or better than the treatment works effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be befitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
USER. Any person who contributes causes or permits the contribution of wastewater onto 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 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 plant” or “wastewater treatment plant” or “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, water courses, waterways, wells, springs, reservoirs, aquifer, 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. 95-08, passed 3-7-95; Am. Ord. 11-30, passed 12-13-11; Am. Ord. 13-25, passed 11-12-13)