For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
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 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 city.
BASIC CHARGE. The monthly wastewater charge, as defined in § 51.081, to be added to the water basic charge.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under aerobic conditions in five days at 20°C.
BUILDING DRAIN. The 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 a building and conveys it to the building sewer, beginning four 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 connection.
CATEGORICAL STANDARDS. Any regulation containing pollutant discharge limits promulgated by the United States EPA in accordance with §§ 307(b) and (c) of the Act, which apply to a specific category of industrial users and which appear in 40 C.F.R. §§ 405 through 471.
CITY ENGINEER. The city engineer or his or her authorized deputy, agent or representative.
COMPOSITE SAMPLE. A sample composited from an appropriate number of discrete samples collected over a designated monitoring period greater than 15 minutes. The sample may be a flow-proportional or time-proportional composite as long as the sample has a minimum of four grab samples and represents the average quality of wastewater discharged.
DAILY MAXIMUM. A limit indicating the maximum allowable discharge of a pollutant as monitored by a composite sample taken during a 24-hour period that corresponds to the designated monitoring period.
DENR. The South Dakota Department of Environment and Natural Resources.
DOMESTIC ONLY COMMERCIAL USER. A business or commercial establishment whose only uses of water are for sanitary, culinary, drinking, washing, bathing and other domestic purposes.
EPA. The United States Environmental Protection Agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards which would be applicable to that source if the standard is thereafter promulgated in accordance with 33 U.S.C. § 1317 of the Act.
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. A wastewater shall be considered free of FLOATABLE OIL if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
GRAB SAMPLE. A discrete sample collected or measured from a wastewater stream over a period of time not to exceed 15 minutes.
HAZARDOUS WASTE. Waste containing materials or exhibiting specific properties identified in 40 C.F.R. § 261.
INCOMPATIBLE WASTE. All waste other than those identified as hazardous waste that interfere with, pass through, or are incompatible with the city wastewater treatment facility.
INDIRECT DISCHARGE. Introduction of pollutants into a POTW from any nondomestic source.
INDUSTRIAL USER. Any person who introduces pollutants into a POTW from any nondomestic source regulated under the Act, state law or local ordinance.
INDUSTRIAL WASTE. The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
INSTANTANEOUS MAXIMUM. A limit indicating the maximum concentration of a pollutant, as measured by a grab sample, allowed to be discharged at any specific time.
INTERCEPTOR. A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oil, greases, inorganic material, and other harmful pollutants from a wastewater discharge, including without limitation: grease trap, gravity interceptor, sand-oil interceptor, and hydro-mechanical grease interceptor.
INTERFERENCE. A discharge that alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the operation, treatment process, sludge processes, sludge use, or sludge disposal of the POTW; and
(2) Causes a violation of the city's surface water discharge permit including but not limited to an increase in the magnitude or duration of a violation or of the prevention of sludge use or disposal in compliance with regulatory provisions or permits.
LIQUID WASTE. All nonhazardous waste that is mostly water and contains no more than 25% treatable contaminants not directly discharged to the sanitary sewer system.
LIQUID WASTE DISPOSAL COUPON. A document identifying the source, contents and conditions for disposal of a liquid waste.
LIQUID WASTE GENERATOR (LWG). Any person, corporation, residence, commercial establishment, industry or institution that produces a liquid waste which is hauled to a designated discharge point and not directly discharged into the sanitary sewer collection system.
LIQUID WASTE HAULER. Any person, corporation, commercial establishment, industry or institution that engages in the activity of transporting liquid waste from a source or generator to a point of final disposal.
LIQUID WASTE GENERATOR PERMIT (LWG PERMIT). An industrial wastewater discharge permit issued to a LWG for the discharge of hauled industrial liquid waste.
MANAGER. The director of public works or his or her authorized deputy, agent or representative.
MEDICAL WASTE. Any waste as defined by 40 C.F.R. § 60.51c, including but not limited to: isolation waste, infectious agents, human blood and blood products, pathological waste, sharps, body parts, contaminated bedding, surgical waste, potentially contaminated laboratory waste and dialysis waste.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows which drain into a watercourse, pond, ditch, lake or other body of surface water 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 33 U.S.C. § 1317(c) of the Act which will be applicable to that source if the 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 caused 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, the integration of the new facility 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) Any existing building, structure, facility or installation which is an existing source at which construction occurs if (a) the construction results in a modification of the existing source rather than a new source, and (b) 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 under this definition 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 that 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 that are intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies, do not constitute a contractual obligation under this definition.
NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS-THROUGH. A discharge that exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, may result in a violation of any requirement of the city’s surface water discharge permit, including an increase in the magnitude or duration of a violation.
PERMIT. An industrial wastewater discharge permit issued to industrial users for the discharge of nondomestic waste into the sanitary sewer collection system.
pH. The negative logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of ten to the minus seven power.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, garbage, sludge, munitions, medical waste, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial waste and certain characteristics of wastewater (e.g., flow pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
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 those pollutants into a POTW.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
PRETREAMENT STANDARDS. Any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 C.F.R. § 403.5, and categorical pretreatment standards.
PROHIBITED DISCHARGE STANDARDS. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 53.040.
PROPERLY SHREDDED GARBAGE. The waste from the preparation, cooking, and dispensing of food that has been shredded to a 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 (1.27 centimeters) in any dimension.
PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility.
PUBLICLY OWNED TREATMENT WORKS (POTW). Any wastewater treatment plant owned and operated by the city including all devices and systems used in the collection, storage, treatment, recycling and reclamation of wastewater or industrial waste and any conveyances that transport wastewater to the plant.
REGIONAL WASTE. Wastewater generated by regional wastewater users.
REGIONAL WASTEWATER CUSTOMER. Each municipality, sanitary sewer district, and other governmental subdivision, or any combination thereof, which is allowed to connect to and use the regional wastewater system pursuant to a written agreement with the city.
REGIONAL WASTEWATER SYSTEM. All wastewater infrastructure that: (a) is now or hereafter owned by the city; and (b) is conveying or treating, has the potential to convey or treat, or otherwise relates to regional waste. Portions of the city wastewater infrastructure that are only intended to convey or treat Sioux Falls local wastewater customers may be excluded from the REGIONAL WASTEWATER SYSTEM. Whether any particular item of wastewater infrastructure is included within the REGIONAL WASTEWATER SYSTEM shall be determined by the city in its sole discretion as determined by the city engineer.
REGIONAL WASTEWATER USERS. Collectively, all persons and other users whose property is within the jurisdictional boundaries of a regional wastewater customer and is connected to the regional wastewater system via a wastewater system owned by one or more regional wastewater customers.
SANITARY SEWER. A sewer that carries liquid and water-carried waste from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, storm water and surface water that are not admitted intentionally.
SEWER. A pipe or conduit that carries wastewater.
SIGNIFICANT INDUSTRIAL USER.
(1) Industrial users subject to categorical standards; or
(2) Industrial users that:
A. Discharge an average of 25,000 gallons per day or more of process wastewater;
B. Contribute a process wastewater that makes up 5% or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant; or
C. Are designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(3) Upon a 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 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 C.F.R. § 403.8(f)(6), determine that the user should not be considered a significant industrial user.
SIOUX FALLS LOCAL WASTEWATER CUSTOMER. All persons or other users whose property is served by the city for wastewater collection and treatment that are located within the municipal boundaries of the city.
SLUG or SLUG LOAD. Any substance released in a discharge at a flow rate and/or concentration that will adversely affect the wastewater treatment plant or hydraulically overloads the sanitary sewer collection system. This includes, but is not limited to, accidental spills and batch discharges.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). The classification pursuant to the latest revision of the Standard Industrial Classification Manual published by the office of management and budget.
STORM DRAIN or STORM SEWER. A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
TOTAL KJELDAHL NITROGEN (TKN). Nitrogen in the form of organic proteins or their decomposition product ammonia, as measured by the Kjeldahl method.
TOTAL 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.
TOXIC POLLUTANT. One of the 126 pollutants, or combinations of those pollutants, listed as toxic in regulations promulgated by the EPA under the provisions of 33 U.S.C. § 1317 of the Act.
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 into the sanitary sewers and wastewater treatment facilities provided.
USER. A source of indirect discharge.
VOLUMETRIC CHARGE. The monthly metered charges to be paid by regional wastewater customers to the city.
WASTEWATER. The spent water of a community. Liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER INFRASTRUCTURE. Collectively, any and all main sewers, service sewers, trunk sewers, septic or sewer treatment plants, POTWs, drains and manholes, pumping stations, lift stations, interceptors, collectors, water reclamation facilities, wastewater administrative facilities, force mains, other wastewater treatment facilities, and all other facilities and items of equipment or materials that reasonably pertain to or are used in connection with a POTW.
WASTEWATER TREATMENT PLANT. An arrangement of devices and structures for treating wastewater, industrial waste and sludge.
WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(1992 Code, § 41-110) (Ord. 47-81, passed 6-1-1981; Ord. 125-84, passed 9-10-1984; Ord. 111-85, passed 12-30-1985; Ord. 23-86, passed 3-31-1986; Ord. 51-88, passed 6-20-1988; Ord. 50-91, passed 6-3-1991; Ord. 57-93, passed 7-12-1993; Ord. 102-96, passed 9-3-1996; Ord. 56-12, passed 8-7-2012; Ord. 19-21, passed 2-16-2021; Ord. 143-22, passed 12-20-2022)
Cross-reference:
Definitions and rules of construction generally, see § 10.002