(a) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
(b) "Categorical Industrial User" is an industrial user subject to a categorical Pretreatment Standard or Categorical Standard.
(c) "Categorical pretreatment standards" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial users.
(d) "Control authority" means authorized agents of the POTW charged with the duties to enforce, monitor and regulate user compliance with this chapter, state and federal law.
(e) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants, from a source regulated under Section 307(b) or (c) of the Act, into a POTW.
(f) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) Therefore 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.
(g) "New source" means 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 Section 307(c) of the Clean Water Act which will be applicable to such source if such standards are therefore 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.
(h) "O and M" means operation and maintenance.
(i) "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
(j) "Passthrough" means 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(k) "Pollutant" means any substance discharged into a POTW or its collection system, which upon exposure to or assimilation into any organism causes adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.
(l) "POTW" (Publicly Owned Treatment Works) means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(m) "Significant noncompliance." For the purposes of these regulations; "significant noncompliance" and a "significant violation" follow the same guidelines which meet one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken at any permitted monitoring point during a six-month period exceed (by any magnitude) the daily maximum limit, the average limit, or instantaneous limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken at any permitted monitoring point during a six-month period equal or exceed the product of the daily average maximum limit, instantaneous limit, or the average limit times the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority believes has caused, alone or in combination with other discharges, interference or passthrough (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (f) (1) (vi) (B) to halt or prevent such a discharge;
(5) Violation, by ninety days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance;
(6) Failure to provide required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules within thirty days of the due date;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, including BMPs, which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
(n) "Toxic pollutants" means substances including, but not limited to, those pollutants identified in the Toxic Pollutant List as provided by the U.S. Environmental Protection Agency.
(o) "Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
(Ord. 15-140. Passed 10-13-15.)