For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms not specifically defined shall be interpreted according to their commonly accepted definition. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa, and words importing persons shall include, as in the context may be appropriate, firms, associations, partnerships (including limited partnerships), trusts, joint ventures, corporations, or other legal entities including public bodies, as well as natural persons.
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 Energy and Environmental Protection Cabinet or an authorized representative thereof.
AUTHORIZED REPRESENTATIVE.
(1) An authorized representative of a user may be:
(a) A principal executive officer 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.
(2) An authorized representative of the city may be any person designated by the city to act on its behalf.
BASELINE MONITORING REPORT (BMR). A report submitted by categorical industrial users within 180 days after the effective date of a categorical standard which indicates the compliance status of the user with the applicable categorical standard (40 CFR 403.12(b)).
B.O.D. (denoting biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees C, expressed in parts per million weight.
BOARD. Sewer Board.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from sewerage drainage pipes inside the walls of the building and conveys it to the building sewer, ending five feet outside of the inner surface of the building wall.
BUILDING SEWER. The extension from the building drain to the point of connection with the public sewer or other place of disposal.
BUILDING SEWER PERMIT. As set forth in § 50.05(B), Building Sewers and Connections.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to categorical pretreatment standards which have been promulgated by EPA.
CATEGORICAL PRETREATMENT 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 Simpsonville, Shelby County, Kentucky, a municipal corporation of the Fifth Class, presently governed by a City Commission according to the provisions of KRS Chapter 83A.
CLEAN WATER ACT (CWA). Also known as the Federal Water Pollution Control Act, enacted by PL 92-500, October 18, 1972, 33 U.S.C. 1251 et seq., as amended by PL 95-217, December 28, 1977; PL 97-117, December 29, 1981; PL 97-440, January 8, 1983, and PL 100-04, February 4, 1987.
COMBINED WASTESTREAM FORMULA (CWF). Procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream is combined with other non-regulated wastestreams prior to treatment (40 CFR 403.7).
COMMERCIAL USER. All retail stores, restaurants, office buildings, laundries, and other private business and service establishments. Also included in this definition are nursing and convalescent homes, office condominiums, building and lodging homes, bed and breakfasts, hotels, motels and any multi-unit residential building containing eight or more units.
COMMISSION. The City Commission of the City of Simpsonville, Kentucky.
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 so as to ensure compliance with the POTW's NPDES/KPDES permit.
CONCENTRATION-BASED LIMIT. A limit based on the relative strength of a pollutant in a wastestream, usually expressed in mg/l.
CONTROL AUTHORITY. Shall refer to the city when there exists 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.
DAILY MAXIMUM. The maximum allowable value for any single observation in a given day.
DEVELOPER. Landowner, person having land under contract or otherwise authorized to act on behalf of said persons where there is intent to develop property thru division, construction enhancement or increase of current use.
DILUTE WASTESTREAM. Boiler blowdown, sanitary wastewater, noncontact cooling water and certain process wastestreams that have been excluded from regulation in categorical pretreatment standards because they contain none or only trace amounts of the regulated pollutant.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the Commonwealth of Kentucky.
DISCHARGER. Any person that discharges or causes a discharge to a public sewer.
DOMESTIC WASTEWATER. The water-carried wastes produced from noncommercial or non-industrial activities and which result from normal human living processes.
EASEMENT. An acquired legal right for the specific use of land owned by others.
EFFLUENT. The liquid overflow of any facility designed to treat, convey or retain wastewater.
EPA. The Environmental Protection Agency of the United States Government.
EQUALIZATION. Reduction in magnitude of sewage discharge flow rate.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
FISCAL YEAR. The fiscal year of the municipal sewer system, commencing July 1 of each year and ending June 30 of the following year.
FLOW PROPORTIONAL COMPOSITE SAMPLE. Combination of individual samples proportional to the flow of the wastestream at the time of sampling.
FLOW WEIGHTED AVERAGING FORMULA (FWA). A procedure used to calculate alternative limits for a categorical pretreatment standard where regulated and nonregulated wastestreams combine after treatment, but prior to the monitoring point as defined in 40 CFR 403.
GARBAGE. Solid waste from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce.
GOVERNMENTAL USER. Includes legislative, judicial, administrative, and regulatory activities of federal, state and local governments.
GRAB SAMPLE. A sample which is taken from a wastestream 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.
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 of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Clean Water Act (may include commercial).
INDUSTRIAL WASTE. The liquid waste from industrial or other technical processes.
INSTITUTIONAL USER. Includes social, charitable, religious, and educational activities such as schools, churches, hospitals, nursing home, penal institutions and similar institutional users.
INTERCEPTOR. A device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal wastes which permits normal sewage or liquid wastes to discharge into the sewer or drainage system by gravity. Interceptor as defined herein is commonly referred to as a grease, oil, or sand trap.
INTERFERENCE. 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 any requirement of the POTW's NPDES/KPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act (40 CFR 403.3).
KRS. The Kentucky Revised Statutes.
MAY. Is permissive.
MAYOR. The chief executive officer of the city under the commission form of government.
MONTHLY AVERAGE. The maximum allowable value for the average of all observations obtained during one month.
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. Provided, however, should said multi-unit sewer customer have units of eight or more, then same shall be considered as a commercial user.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
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 Commonwealth of Kentucky under this authority and referred to as KPDES.
NATURAL OUTLET. Any outlet into a water course, pond, ditch, lake or other body of surface or ground water.
NEW SOURCE. 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 such source if such standards are thereafter 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. 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.
NINETY (90) DAY COMPLIANCE REPORT. A report submitted by a categorical industrial user, within 90 days following the date for final compliance with applicable categorical standards that documents and certifies the compliance status of the user (40 CFR 403.12(d)).
NORMAL DOMESTIC WASTEWATER. Wastewater that has a BOD concentration of not more than 300 mg/l and a suspended solids concentration of no more than 350 mg/l and chlorine of not more than 50 mg/l.
OPERATION AND MAINTENANCE. Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and for which such works were designed and constructed. OPERATION AND MAINTENANCE includes replacement as defined below.
OPERATION AND MAINTENANCE FUND. The City of Simpsonville Sewer Operation and Maintenance Fund created in and by this chapter.
ORDINANCE. This chapter, unless otherwise specified.
pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PASS THROUGH. A discharge of pollutant which cannot be treated adequately by the POTW, and therefore exits 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/KPDES permit (including an increase in the magnitude or duration of a violation) (40 CFR 403.3).
PERIODIC COMPLIANCE REPORT. A report on compliance status submitted by significant industrial waste users to the control authority at least semiannually (40 CFR 403.12(e)).
PERSON. Any individual, firm, company, association, society, corporation or group.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical, wrecked or discharge equipment, rock, sand, cellar 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 process change(s), or other means, except as prohibited by 40 CFR 403.6(d).
PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production of or use of any raw material, intermediate product, finished product, by-product, or waste product.
PRODUCTION-BASED STANDARD. A discharge limitation expressed in terms of allowable pollutant mass discharge rate per unit of production and is applied directly to an industrial user's manufacturing process.
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 waste from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be 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 of Simpsonville, to which owners of the abutting properties shall have access. In general, the public sewer shall include the main sewer in the right of way or easement and the service branch to the easement or property line, or a main sewer upon private property and any sewers which are connected with the sewage system of the City of Simpsonville to the extent of ownership by public authority.
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 purpose of this chapter, 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.
REGULATED WASTESTREAM. An industrial process wastestream regulated by an National Categorical Pretreatment Standard.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenance which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
RESIDENTIAL. A use of independent housekeeping and which shall include multi-family dwellings such as duplex, apartments, condominiums, house trailers, trailer courts, trailer parks and the like. (See § 50.03(A)(3) for definition of RESIDENTIAL UNIT)
RESIDENTIAL USER. Any contributor to the city's treatment works whose lot, parcel or real estate, or building is used for domestic dwelling purposes only.
REVENUES. Moneys received by the city through the exaction of rates and charges for use of the services and facilities of the sewer system (as distinguished from monies which may be received on a one time basis as tap on charges, capacity charges, the proceeds of insurance, and the like).
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground water are not intentionally admitted.
SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
SEWER. A pipe or conduit for carrying sewage.
SEWER BOARD. The duly appointed sewer board established by § 50.02.
SEWER SYSTEM. The sanitary sewer system constructed and installed in the City of Simpsonville, Kentucky and/or within the city service area.
SEWER USER CHARGES. A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, or such works.
SEWERAGE. Any and all facilities used for collecting, conveying, pumping, treating and disposing of wastewater.
SHALL. Is mandatory.
SIGNIFICANT INDUSTRIAL USER (SIU). Defined by EPA guidance as:
(1) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(2) Any noncategorical industrial user that:
(a) Discharges 25,000 gallons per day or more of process wastewater (process wastewater excludes sanitary noncontact cooling, and boiler blowdown wastewaters); or
(b) Contributes a process wastestream which makes up to 5% or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or
(c) Has a reasonable potential, in the opinion of the control or approval authority, to adversely affect the pollutants, sludge contamination or endangerment of POTW workers.
SLUG. Any discharge of water, sewage, or industrial waste 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 of flow during normal operation.
SLUG DISCHARGE. Any discharge of a non-routine episodic nature including, but not limited to, an accidental spill or non-customary batch discharge or any discharge of water or wastewater in which the concentration of any given constituent or quantity of flow exceeds, for any period or duration longer that 15 minutes, more than five times the average 24-hour concentration or flow rate during normal operation which adversely affects the POTW.
SLUG LOAD. Any pollutant (including biochemical oxygen demand) released in a discharge at a flow rate or concentration which will cause interference with the operation of the treatment works or which exceeds limits set forth in the industry's discharge permit and which include accidental spills.
SPILL PREVENTION AND CONTROL PLAN. A plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.
SPLIT SAMPLE. Portion of a collected sample given to the industry or to another agency to verify or compare laboratory results.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification scheme based on the type of industry or process at a facility.
STANDARD METHODS. The examination and analytical procedures set forth in the recent editions 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.
STATE. Commonwealth of Kentucky.
STORM DRAIN. A sewer which carries storm and surface water and drainage, but excludes sewage and polluted industrial waste.
STORM SEWER. A sewer which carries storm and surface water and drainage, but excludes sewage and polluted industrial waste.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The person designated by the city to supervise the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter or his or her duly authorized representative.
SURCHARGE. A charge for services in addition to the basic sewer user and debt service charges, for those users whose contributions contain biochemical oxygen demand (BOD), chemical oxygen demand (COD), total suspended solids (TSS), oil and grease or ammonia-nitrogen (NH3-N) in concentrations which exceed limits specified herein for such pollutants. Where authorized by the control authority, payment of a surcharge will authorize the discharge of the referenced pollutants so long as the discharge does not cause pass through or interference.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
SYSTEM. Sewer system as defined above.
TIME PROPORTIONAL COMPOSITE SAMPLE. Combination of individual samples with fixed volumes taken at specific time intervals.
TOXIC ORGANIC MANAGEMENT PLAN. Written plan submitted by industrial users as an alternative to TTO monitoring, which specifies the toxic organic compounds used, the method of disposal used and procedures for assuring that toxic organics do not routinely spill or leak into wastewater discharged to the POTW.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of EPA under the provisions of the Clean Water Act 307(a) or any amendments thereto.
TREATMENT WORKS. Any devise or system for the storage, treatment, recycling and reclamation of municipal wastewater, domestic wastewater or liquid industrial wastes. These include intercepting sewers, outfall sewers, wastewater collection systems, pumping, power and other equipment and their appurtenances, extensions, improvement, remodeling, additions and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in sanitary sewer systems.
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 benefited by discharge to the sanitary sewers and wastewater treatment facilities.
UNREGULATED WASTESTREAM. A wastestream that is not regulated by a national categorical pretreatment standard.
USER. Any person who contributes, causes or permits the contribution of wastewater into the POTW.
USER CHARGE. The total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, replacement and debt service expenses of the wastewater treatment works.
WASTE DISCHARGE PERMIT (WPP). A permit issued to industrial users which authorizes discharges to the public sewer as set forth in § 50.07.
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, 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.
WATER METER. A water volume measuring and recording device, furnished and/or installed by a user and approved by the West Shelby Water District (excludes discharge meter).
WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems 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. 2009-006, passed 6-17-2009; Am. Ord. 2020-001, passed 1-6-2020)