For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act as amended by the Clean Water Act of 1977, being 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Regional Administrator of Region V of the United States Environmental Protection Agency (EPA).
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal, state and/or local) contained in the chapter and considered to be the most restrictive with which non-domestic users will be required to comply.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(1) If the user is a corporation:
(a) The president, secretary, treasurer or 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 operation 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 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 requirements; and where the 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 highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in divisions (1) through (3) 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 Director.
BEST MANAGEMENT PRACTICES (BMP). As defined in 40 C.F.R. part 403.3(e), schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the general and specific prohibitions listed in 40 C.F.R. § 403.5(a)(1)(a) and (b). BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter using standard laboratory procedures in five days at 20°C, and usually expressed as a concentration (milligrams per liter).
CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
CATEGORICAL PRETREATMENT STANDARD. See definition for NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD.
CHEMICAL OXYGEN DEMAND. A measure of the oxygen required to oxidize all compounds, both organic and inorganic in water.
COMBINED SEWER. The sewer intended to carry sanitary and industrial waste waters from residences, commercial buildings, industrial plants, institutions and also to carry storm waters, surface runoff, street wash waters and drainage.
COMMERCIAL USER. Any person owning an establishment offering lodging, selling goods (either retail or wholesale) or offering services for sale and contributing an average monthly flow in excess of 10,000 gallons.
COMPATIBLE POLLUTANT. BOD, TSS, pH, fecal coliform bacteria and any additional pollutants as are now or may be in the future specified and controlled in the city’s NPDES permit for its wastewater treatment works where the works have been designed and used to reduce or remove the pollutants to a substantial degree.
COMPOSITE SAMPLE. A composite sample should contain a minimum of four discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
CONTROL AUTHORITY. The City of Richmond, Indiana, City Sanitary District by and through its Board of Sanitary Commissioners and/or its Director.
DAILY DISCHARGE. Discharge of a pollutant, measured during a calendar day or any 24-hour period, that reasonably represents a normal working day.
DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where DAILY MAXIMUM LIMITS are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where 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.
DIRECTOR. The duly appointed and qualified Director of the City Sanitary District or his or her authorized deputy, agent or representative.
DISTRICT. The Sanitary District of the city, acting by its duly constituted Board of Sanitary Commissioners or their authorized representatives.
DOMESTIC USER. All persons owning residential dwellings which discharge primarily domestic wastes or wastes from sanitary conveniences.
DOMESTIC WASTE. Liquid wastes from the non-commercial preparation, cooking and handling of food or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.
EASEMENTS. 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 Regional Water Management Division Director, the Regional Administrator 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 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, being 42 U.S.C. § 7401.
FECAL COLIFORM. Any of the number of organisms common to the intestinal tract of humans and animals, whose presence is an indicator of pathogenic microorganisms.
FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GOVERNMENTAL USER. Any user who represents some function of local, regional, state or federal government and who discharges primarily segregated domestic waste or waste from sanitary conveniences.
GRAB SAMPLE. A sample which is taken from a wastestream with no regard to the flow in the wastestream, and within a time period of 15 minutes or less.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a “compatible pollutant”.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act, being 33 U.S.C. § 1317(a).
INDUSTRIAL USER or USER. Any source of an indirect discharge.
INDUSTRIAL WASTES. Any solid, liquid, gaseous waste or heat resulting from any process or excess energy of industry, manufacturing trade or business, or from the development, processing or recovery of any natural resource, as distinct from industrial employees’ domestic wastes or wastes from sanitary conveniences (normal domestic sewage).
INFILTRATION. Any water other than wastewater that enters a sewage system from the ground through such means as defective pipes, pipe joints, connections or manholes. INFILTRATION does not include, and is distinguished from, “inflow”.
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW. Any water other than wastewater, that enters a sewage system from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. INFLOW does not include, and is distinguished from, “infiltration”.
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.
INSPECTOR. The person or persons duly authorized by the Board of Sanitary Commissioners to inspect and approve the installation of building sewers and their connection to the public sewer system.
INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, does one of the following:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes or its selected sludge use or disposal methods;
(2) Causes a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation; or
(3) Prevents the use of the POTW’s sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations or permits issued thereunder or more stringent state or local regulations:
(a) Section 405 of the Clean Water Act (33 U.S.C. § 1345);
(b) The Solid Waste Disposal Act (SWDA) (42 U.S.C. § 6901), including:
1. Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
2. The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. § 6941).
(c) The Clean Air Act (42 U.S.C. § 7401);
(d) The Toxic Substances Control Act (15 U.S.C. § 2601); and
(e) The Marine Protection, Research and Sanctuaries Act (33 U.S.C. § 1401).
LOCAL LIMITS. Wastewater limitations that discharge to a publicly owned treatment works (POTW) (40 C.F.R. § 403.3(q)). LOCAL LIMITS are developed to meet the pretreatment program objectives and site-specific needs of the local POTW and the receiving stream. LOCAL LIMITS control the pollutants in the wastewater discharges from commercial and industrial facilities and apply at the “end-of-pipe” from the facility. The regulations under 40 C.F.R. § 403.5(d) give the POTW the authority to enforce its local limits.
MAHL (MAXIMUM ALLOWABLE HEADWORKS LOADING). The maximum loading of a given pollutant that the POTW can accept without causing an exceedance of the most limiting of the following restrictions:
(1) POTW upset limits (activated sludge and/or anaerobic digestion);
(2) Pass-through limits (either NPDES discharge limits or water quality objectives);
(3) Sludge disposal limits; and
(4) POTW design capacity limits.
MAIL (MAXIMUM ALLOWABLE INDUSTRIAL HEADWORKS LOADING). The maximum loading of a given pollutant that can be discharged by the sum total of all industrial users without causing an exceedance of the most limiting of the following restrictions:
(1) POTW upset limits (activated sludge and/or anaerobic digestion);
(2) Pass-through limits (either NPDES discharge limits or water quality objectives);
(3) Sludge disposal limits; and
(4) POTW design capacity limits.
NATIONAL 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 specific category of users and which appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405 to 471.
NPDES PERMIT. The permit issued to the Richmond (William Edwin Ross) Wastewater Treatment Plant Wayne County under the national pollutant discharge elimination system for discharge of wastewaters to the navigable waters of the United States pursuant to § 402 of the Clean Water Act, being 33 U.S.C. § 1342.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or any 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(c) of the Act, being 33 U.S.C. § 1317(c) 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;
(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. To determine if the new wastewater generating process is substantially independent of an existing source at the same site, certain factors should be considered. These factors include 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.
(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 divisions (1)(b) or (1)(c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE as defined under this division (3) has commenced if the owner or operator has:
(a) Begun, or caused to being, as part of a continuous onsite 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 which is necessary for the placement, assembly or installation of NEW SOURCE facilities or equipment.
(b) Entered into a biding 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 (3).
NOV. Notice of violation is the initial formal enforcement action for a violation.
OIL AND GREASE.
(1) Non-polar oil and grease: total petroleum hydrocarbons (TPH) oil and grease. Petroleum or mineral oil based products.
(2) Polar oils and grease: processed vegetable and animal origin fats and oils that are commonly found in food based products/industries. These substances must not solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C).
OTHER WASTES. Garbage, refuse, wood residues, sand, lime, cinders, ashes, offal, night soil, silt, tar, dyestuffs, acids, chemicals, disposable wipes and all other substances, not sewage or industrial waste, which discharge would cause pollution or cause damage or blockage to sewers.
pH. The logarithm of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution as determined under standard laboratory procedure.
PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the District’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, political subdivision, state agency or any other legal entity or their legal representative, agent or assigns legally capable of owning property in the state.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor). The term includes sewage, industrial waste and other waste.
POTW (PUBLICLY OWNED TREATMENT WORKS). A treatment works as defined by § 212 of the Clean Water Act (the Act) being 33 U.S.C. § 1292, which is owned by a state or municipality (as defined by § 502(4) of the Act, being 33 U.S.C. § 1362(4)). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in § 502(4) of the Act, being 33 U.S.C. § 1362(4), which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes 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 pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARDS or STANDARDS. Prohibited 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 § 58.081.
PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by a public authority, or owned by the Sanitary District.
QUALIFIED PROFESSIONAL. An individual who is trained and experienced in wastewater treatment, environmental compliance or related fields as may be demonstrated by state registration, professional certification, experience or completion of coursework that enables the individual to make sound, professional judgment regarding a facility’s ability to comply with federal, state and local wastewater rules and regulations.
REGIONAL ADMINISTRATOR. Head of EPA Region 5 Office located in Chicago, IL.
SANITARY SEWER. A sewer that carries wastewater, sanitary and industrial, together with incidental land runoff, but to which storm, surface and ground water are not intentionally admitted.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE. Water-carried human and related wastes from any source, together with associated land runoff, sanitary and industrial wastewaters and polluted cooling water, from residences, commercial buildings, industrial plants and institutions. The term includes sanitary sewage, industrial sewage and combined sewage.
SEWER. A pipe or conduit for carrying either wastewater or land runoff, or both.
SHALL AND MAY.
SHALL. Mandatory.
MAY. Permissive.
SIGNIFICANT INDUSTRIAL USER (SIU).
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gallons per day 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 Director 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 finding that a user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Director may at any time, on his or her own initiative or in response to a petition received from a user, and in accordance with the procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 58.081, or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge
STORM SEWER. A sewer intended to receive and convey only land runoff, ground water or unpolluted water from any source and to which sanitary or industrial wastes are not intentionally admitted.
TOTAL SUSPENDED SOLIDS (TSS). Solids in a liquid suspension of water, sewage or other liquids and which are removable by laboratory filtering under standard laboratory procedure.
TOXIC AMOUNT. Concentrations of any pollutants or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to § 307(a) of the Clean Water Act, being 33 U.S.C. § 1317(a).
TOXIC POLLUTANTS. As defined in the Clean Water Act, being 33 U.S.C. § 1362, 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 food chains, will, on the basis of information available to the Director, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organisms or their offspring (§ 502 (13), being 33 U.S.C. § 1362(13)). TOXIC POLLUTANTS include, but are not limited to the list of 126 priority pollutants, or any other list of total toxic organics. The toxic substances of concern in the waste of a particular facility will depend on the raw materials, products and processes employed at that facility.
UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
UPSET. An exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An UPSET does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
USER. See INDUSTRIAL USER.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550°C for 60 minutes under standard laboratory procedures.
WASTEWATER. Treated or untreated liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, manufacturing facilities and institutions, together with any inflow and infiltration that may be present, which is discharged into or permitted to enter the POTW.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. The portion of the POTW which is designed to provide treatment of municipal sewage, industrial waste and wastewater from manufacturing facilities.
(Prior Code, § 54.02)