(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACT" or "THE ACT." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
"APPROVAL AUTHORITY." The Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
"AUTHORIZED REPRESENTATIVE." An authorized representative of user may be:
(A) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(B) A general partner or proprietor if the user is a partnership or proprietorship, respectively;
(C) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
An authorized representative of the city may be any person designated by the city to act on its behalf.
"BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20º 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 (5) feet outside the inner face of the building wall.
"BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal, also called "house extension."
"BUILDING SEWER PERMIT." As set forth in "Building Sewers and Connections" (§§ 31.040 through 31.043).
"BYPASS." The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
"CATEGORICAL STANDARDS." National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
"CITY." The City of Shelbyville, Kentucky, or its City Council having responsibility as owner of the POTW.
"COMBINED WASTESTREAM FORMULA." Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process; fixed alternative discharge limits may be derived by the Control Authority as defined in CFR Section 403.12(a).
"COMMISSION." The Shelbyville Municipal Water and Sewer Commission as created by ordinance of the city, enacted March 11, 1993.
"COOLING WATER." The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
"COMPATIBLE POLLUTANT." Biochemical oxygen demand, suspended solids, and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES/KPDES 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.
"COMPOSITE WASTEWATER SAMPLE." A combination of individual samples of water or wastewater taken at selected intervals, generally hourly for some specified period, to minimize the effect of the variability of the individual sample. Individual samples may have equal volume or may be roughly proportioned to the flow at time of sampling.
"CONTROL AUTHORITY." The term "CONTROL AUTHORITY" shall refer to the "approval authority" defined hereinabove; or the Water and Sewer Commission if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.
"DILUTION STREAM." Any wastewater not generated by a process regulated for a 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 state.
"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 may also be used as a designated for the Administrator or other duly authorized official of the 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. 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 above.
"INDIRECT DISCHARGE." The discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S. C. 1317), into the POTW (including holding tank waste discharged into the system).
"INDUSTRIAL USER." A source or indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 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.
"INSTANTANEOUS LIMIT." The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discreet or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
"INTERCEPTOR." A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes while permitting 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 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, guideline, 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 the Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
"MANAGER." The person employed by the Commission as Manager of the entire municipal water and sewer system or his authorized deputy, agent, or representative.
"MAXIMUM DAILY CONCENTRATION." The maximum concentration of a pollutant based on the analytical results obtained from a 24-hour composite sample.
"MULTI-UNIT SEWER CUSTOMER." A location served where there are two (2) or more residential units or apartments, two (2) 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.
"NATURAL OUTLET." Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"NEW SOURCE." Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 3117) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
"NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM" or "NPDES/KPDES PERMIT." A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1332), or a permit issued by the state under this authority and referred to as KPDES.
"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 of any other legal or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, and 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.
"POLLUTION." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
"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, cellar dirt, and industrial, municipal, and agricultural waste discharged into 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 process changes by other means, except as prohibited by CFR Section 403.6(d).
"PROHIBITIVE DISCHARGE STANDARD." Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.(5).
"PROPERLY SHREDDED GARBAGE." The wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
"PUBLICLY OWNED TREATMENT WORKS (POTW)." A treatment works as defined by Section 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 plant 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 wastewaters to the POTW from person or person outside the city who are, by contract or agreement with the city, users of the city's POTW.
"PUBLIC SEWER." A common sewer controlled by a governmental agency or public utility. In general, the public shall include the main sewer in the street and the service branch to the curb or property line, or a main sewer on private property and the service branch to the extent of ownership by public authority.
"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.
"SEVERE PROPERTY DAMAGE." Substantial physical damage to property, damage to the treatment facilities which cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property loss does not mean economic loss caused by delays in production.
"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" or "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 USER CHARGES." A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of such works.
"SIGNIFICANT NONCOMPLIANCE." In accordance with 40 CFR 403.8(f)(2)(vii), an industrial user is in significant noncompliance (SNC) if its violation meets one (1) or more of the following:
(A) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(C) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel) or the general public;
(D) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the POTW's exercise of its emergency authority under Paragraph 40 CFR 403.8(f)(i)(vi)(B) to halt or prevent such a discharge;
(E) Failure to meet, within ninety (90) days after the schedule date a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining a final compliance;
(F) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance;
(H) Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
"SIGNIFICANT USER." Any user of the city's wastewater disposal system who:
(A) Has a discharge flow of 25,000 gallons or more per average work day;
(B) Has a flow greater than 5% of the flow in the city's wastewater treatment system;
(C) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or state statutes and rules;
(D) Is found by the city, state control agency, or the U.S. Environmental Protection Agency (EPA) to have significant impact either singly or in combination with other contributing uses, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system; or
(E) Is classified as a categorical industry according to federal regulation.
"SLUG LOAD or SLUG DISCHARGE." Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 31.060 of this chapter. A "SLUG DISCHARGE" is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge which has a reasonable potential to cause interference or Pass Through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
"STATE." The Commonwealth of Kentucky.
"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 the Congressional Record 40 CFR 136.
"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.
"STORM DRAIN" or "STORM SEWER." A drain or 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 therefrom.
"SURCHARGE." A charge for services in addition to the basic sewer user and debt service charges.
"SUSPENDED SOLIDS (TSS)." Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable 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 CWA Section 307(a) or other Acts.
"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 benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
"USER." Any person who contributes, causes, or permits the contribution of wastewater into 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 "water pollution control 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 course, waterways, wells, springs, reservoirs, aquifiers, 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.
"WASTEWATER CONTRIBUTION PERMIT." As set forth in the administration section of this chapter.
(B) The following abbreviations shall have the designated meanings:
ADMI - American Dye Manufacturers Institute
BOD - Biochemical oxygen demand
CFR - Code of Federal Regulations
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
SWDA - Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
TSS - Total suspended solids
USC - United States Code
(Ord. - -, passed 6-7-84; Am. Ord. 91-07-18, 7-18-91; Am. Ord. 93-08-19A, passed 8-19-93)