For the purpose of this chapter, or for terms as used in the rules and regulations adopted by the Board of Public Works and Safety to implement the provisions of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program, or the Administrator of the EPA in a non- NPDES state without an approved state pretreatment program.
AUTHORITY. The Industrial Waste Program Director of the city.
AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) 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 functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if 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 his or her designee.
(4) The individuals described in divisions (1) - (3) of this definition, 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 city.
AVERAGE MONTHLY DISCHARGE LIMITATION. 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.
AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
BENEFICIAL USES. These uses include, but are not limited to: domestic, municipal, agricultural, and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.
BEST MANAGEMENT PRACTICES or BMP. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 50.085(A) and (B). BMP's 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 or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as a concentration (e.g., mg/l).
BUILDING DRAIN or HOUSE DRAIN. The part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to a point approximately three feet outside the foundation wall of the building.
BUILDING SEWER or HOUSE SEWER. The pipe which is connected to the building or house drain at a point approximately three feet outside the foundation wall of the building and which conveys the building’s discharge from that point to the public sewer or other place of disposal.
CATEGORICAL PRETREATMENT STAN- DARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the 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 I, Subchapter N, Parts 405 - 471.
CHEMICAL OXYGEN DEMAND or COD. In regard to sewage, sewage effluent, polluted waters, or industrial wastes, a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.
CITY. The City of Seymour, Indiana, or any duly authorized officials acting in its behalf.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact does remove those pollutants to a substantial degree.
COMPOSITE SAMPLE. Should contain a minimum of eight 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.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for the purposes of sampling.
EASEMENT. An acquired legal right for the specific use of land owned by others.
EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of the agency.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
GARBAGE. Any solid wastes from the preparation, cooking, or dispensing of food and from handling, storage, or sale of produce.
GRAB SAMPLE. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
GROUND OR SHREDDED GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a COMPATIBLE POLLUTANT as defined in this section.
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 Clean Water Act, being 33 U.S.C. § 1317.
INDUSTRIAL USER. Any industrial or commercial establishment that discharges industrial (process) wastewater to a publicly owned treatment works.
INDUSTRIAL WASTES. Any solid, liquid, or gaseous substance or form of energy discharged, permitted to flow, or escaping from an industrial, manufacturing, commercial, or business process or from the development, recovery, or processing of any natural resource carried on by any person as defined in this section, and shall further mean any waste from an industrial user as defined in this section.
INFILTRATION. The water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls.
INFLOW. The water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. INFLOW does not include and is distinguished from INFILTRATION.
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle, or outlet.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE 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, 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.
(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 SDWA (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).
(e) The Marine Protection, Research, and Sanctuaries Act (16 U.S.C. 1431 and 33 U.S.C. 1401).
MAXIMUM ALLOWABLE INDUSTRIAL LOADING or MAIL. The total maximum daily loads that can be discharged by permitted significant industrial users.
MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily discharge.
MAY. The act is referred to is permissive. The term indicates a discretionary condition.
MEDICAL WASTE. 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.
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 Section 307(c) of the Act which will be applicable to the source if those 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 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. 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.
(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 division (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 herein has commenced 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 which is necessary for the placement, assembly, or installation of
NEW SOURCE facilities or equipment.
(b) 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 division.
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.
NPDES PERMIT. National Pollution Discharge Elimination System permit which sets the conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 95-217, being 33 U.S.C. 1342.
OPERATION AND MAINTENANCE EXPENSES. All annual expenses including replacement related directly to operating and maintaining the sewage works as identified in Uniform System of Accounts for Wastewater Utilities or as prescribed by the state Board of Accounts under general headings Plant Operation and Maintenance, Sewer Operation and Maintenance, Customer Accounts, Administrative and General, Insurance Taxes.
OUTLET. Any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake, or other body of surface or ground water.
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’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any and all persons, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, this state, the United States, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender includes the feminine, and the singular includes the plural where indicated by context. This definition includes all federal, state, and local governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, 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).
POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects those waters for beneficial uses or facilities which serve beneficial uses. The human- made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS or STANDARDS. Pretreatment 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 § 50.085 of this code.
PUBLICLY OWNED TREATMENT WORKS or 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.
REAL PROPERTY. All non-movable, fixed in place items such as structures and buildings housing equipment or otherwise used in the wastewater treatment plant process.
RECEIVING STREAM. The watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appur- tenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which those works were designed and constructed.
RESIDENTIAL PROPERTY UNIT. A building under one roof designed, arranged, and used primarily for dwelling purposes by a single family.
SANITARY SEWAGE. Sewage discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, or institutions, and free from storm water, surface water, and industrial wastes.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SERVICE AREA. The area which presently or in the future contributes sewage to the wastewater treatment plant.
SERVICE LIFE. The period of time during which a component of a wastewater treatment works will be capable of performing a function; and the maximum life components constructed under EPA Project Nos. C180894-01 and C180467-01 are hereby set as follows:
(1) Real property: 50 years commencing from January 1, 1978;
(2) Process equipment: 30 years commencing from January 1, 1978; and
(3) Auxiliary equipment: 15 years commencing from January 1, 1978.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).
SEWAGE WORKS. All facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge, namely the sewerage system and wastewater treatment plant.
SEWER. A pipe or conduit for carrying sewage or other waste liquids.
(1) COMBINED SEWER. A sewer which carries both storm, surface, and ground water runoff and sewage.
(2) PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority.
(3) SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and ground waters and unpolluted industrial wastewaters are not intentionally admitted.
(4) STORM SEWER. A sewer which carries storm, surface, and ground water drainage but excludes sewage.
SEWERAGE SYSTEM. The network of sewers and appurtenances used for collecting, transporting, and pumping sewage to the wastewater treatment plant.
SEWER CHARGES. Comprised of the user charge, as defined in this section, and a separate amount for debt service. In addition each user shall pay an amount sufficient to pay principal and interest (debt service) on any revenue bonds, payable from the revenues of the sewage works, proportional to the equipment and real property necessary for wastewater treatment for each user. The method of computing the initial user charge and debt service charge is contained in a report prepared by McCullough Associates, Public Accountants, Indianapolis, Indiana, and is incorporated as a part hereof. Prior to May 1 of each year, the Clerk-Treasurer shall prepare and present to the City Council an accounting of operation and maintenance expenses, replacement costs, and debt service for the immediately preceding calendar year, and the Council shall, upon receiving this accounting, effect any change in the monthly sewer charges necessary to produce revenue proportionate to costs for each user.
SEWER ENGINEER or WATER POLLUTION CONTROL ENGINEER. The duly authorized representative of the city. The individual designated may be the City Engineer, Superintendent of the wastewater treatment plant, consulting civil or environmental engineer to the city, or some similar, knowledgeable and technically qualified person.
SIGNIFICANT INDUSTRIAL USER.
(1) (a) A user subject to categorical pretreatment standards; or
(b) A user that:
1. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
2. Contributes a process waste-stream which makes up 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.
(2) Upon a finding that a user meeting the criteria in division (1)(b) has no reasonable potential for adversely affecting the POTW’s operation or for violating any 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 the user should not be considered a
SIGNIFICANT INDUSTRIAL USER.
SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Federal Act, being 33 U.S.C. § 1342 and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act, PL 94-580, being 42 U.S.C. §§ 6901 et seq.
SLUG LOAD or SLUG. Any discharge of a non-routine, episodic nature, or at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 50.085 of this code.
STANDARD INDUSTRIAL CLASSIFICATION CODE or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from that precipitation, including snowmelt.
STRENGTH-OF-WASTES SURCHARGE. The extra user charges for sewerage service assessed users whose sewage is of such a nature that it imposes upon the sewage works a burden greater than that covered by the basic user charge.
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 a duly authorized representative.
SURCHARGE. A charge for sewerage services in addition to the basic user and debt service charges.
SUSPENDED SOLIDS. 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.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which upon exposure to any organism will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of PL 95-217, being 33 U.S.C. § 1342.
TOXIC POLLUTANT. Those substances referred to in Section 307(a) of the Act, being 33 U.S.C. § 1342, as well as any other known potential substances capable of producing toxic effects.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the applicable standard due to factors beyond reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventative maintenance, or careless and improper operation of the facilities.
USER. Any person that discharges, or causes or permits the discharge of wastewater into the sewerage system.
USER CHARGES. A system of charges levied on users of a treatment works for the cost of operation and maintenance (including replacement) of those works.
USER CLASSES. Each recipient of municipal wastewater treatment services shall be either in the industrial class or the non-industrial class (including domestic, commercial, institutional, and govern- mental).
(1) INDUSTRIAL CLASS. Includes any user as determined by the Board of Public Works and Safety, identified in the Standard Industrial Classification Manual of 1972 Office of Management and Budget, as amended and supplemented, under the following divisions: Division A: Agricultural, Forestry, and Fishing; Division B: Mining; Division D: Manufacturing; Division E: Transportation, Communications, Electric, Gas, and Sanitary Services; and Division I: Services.
(2) NON-INDUSTRIAL CLASS. Includes all users whose wastes are segregated domestic wastes or wastes from sanitary conveniences, where regular domestic wastes are those wastes generated by normal domestic activity as determined by the Board of Public Works and Safety.
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 CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological, and radiological parameters, including volume flow rate, and other parameters that serve to define, classify, or measure the contents, quality, and strength of wastewater.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
(1987 Code, § 9-6) (Ord. passed 6-26-2000; Am. Ord. 22, 2012, passed 10-22-2012)