(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, the same being 33 USC 1251 et seq.
APPROVAL AUTHORITY. The regional administration of U.S. EPA Region V.
AUTHORIZED REPRESENTATIVE OF THE USER.
(a) If the user is a corporation:
1. The president, secretary, treasurer, or 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
2. 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.
(b) If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
(c) If the user is a federal, state or local government 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.
(d) The individuals described in division (a), (b), and (c) above may designate another authorized representative if the authorization is in writing, if 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 Board.
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, such as mg/l.
BOARD. The City Board of Public Works and Safety, or any other duly authorized officials acting on its behalf.
BYPASS. The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
CITY. The City of Tell City, under the jurisdiction of the Board of Public Works and Safety.
CLEAR WATER FLOW. Groundwater or precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltration) or conduits (inflow).
COMPOSITE SAMPLING. A method of sampling which weighs sample volume with discharge flow rate.
CONTROL AUTHORITY. The Board of Public Works and Safety.
COUNCIL. The City Common Council.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Region V Water Management Division Director, or other duly authorized official of the 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 will be applicable to the source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
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.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
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 which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title 11, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
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.
(a) 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 the 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 discharge source is located;
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 process 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 engaged in the same general type of activity as the existing source should be considered.
(b) 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 (a)2. or 3. above but otherwise alters, replaces or adds to an existing process or production equipment.
(c) Construction of a NEW SOURCE, as defined herein, has commenced if the owner or operator has begun, or caused to begin, as part of a continuous on-site construction program:
1. Any placement, assembly or installation of facilities or equipment;
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; or
3. 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 definition.
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.
PASS THROUGH. A discharge which exits the PTW 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 (In 0024392), including an increase in the magnitude or duration of a violation.
PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity; or their legal representatives, agents or assigns. PERSON 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, for example, 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, introducing the pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
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 shall mean 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 § 54.15.
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. PUBLICLY OWNED TREATMENT WORKS 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.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes 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 damage does not mean economic loss caused by delays in production.
SEWAGE. Human excrement and gray water (household showers, dish washing operations and the like).
SIGNIFICANT INDUSTRIAL USER (SIU).
(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 at the POTW, excluding sanitary, noncontact cooling and boiler blow down wastewater;
2. Contributes a process wastestream 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 the same by the Board on the basis that it has reasonable potential for adversely affecting the POTW's operation, or for violation of any pretreatment standard or requirement.
(c) Upon a finding that a user meeting the criteria in division (b) above has reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Board 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.
SIGNIFICANT NONCOMPLIANCE (SNC). For compliance provisions of this chapter, SIGNIFICANT NONCOMPLIANCE (SNC) is defined as follows:
(a) Violations of wastewater discharge limits, further defined as follows:
1. CHRONIC VIOLATIONS. Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period;
2. TECHNICAL REVIEW CRITERIA (TRC). Thirty-three percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period. There are two groups of TRC's:
a. Group I for conventional pollutants (BOD5, COD, TSS, fats, oil and grease). TRC = 1.4 (40%); and
b. Group II for all other pollutants. TRC = 1.2 (20%).
3. Any other violation(s) of an effluent limit (average or daily maximum) that the Wastewater Superintendent believes has caused, along or in combination with other discharges, interference such as slug loads or pass-through; or endangered the health of the sewage treatment personnel or the public; and/or
4. Any discharge of a pollutant which has caused imminent endangerment to human health or welfare or to the environment, and resulted in the POTW's exercise of this emergency authority to halt or prevent the discharge;
(b) Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction and attaining final compliance by 90 days or more after the schedule date;
(c) Failure to provide reports for compliance schedules, self-monitoring date or categorical standards (baseline monitoring reports, 90-day compliance reports and periodic reports) within 30 days from due date;
(d) Failure to accurately report non-compliance; and/or
(e) Any other violation or group of violations which the utilities manager considers to be significant.
SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 54.15.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual, issued by the United States Office of Management and Budget.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting from the precipitation, including snow melt.
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.
UPSET. An exceptional incident in which there is an unintentional incident and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance or careless or improper operation.
USER or INDUSTRIAL USER. A source of discharge to the municipal sewer system.
SUPERINTENDENT. The person designated by the Board of Public Works and Safety who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
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 TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(B) For the purpose of this chapter, the following abbreviations shall have the meanings designated below.
BOD5. Biochemical oxygen demand; five-day.
CFR. Code of Federal Regulations.
COD. Chemical oxygen demand.
EPA. U.S. Environmental Protection Agency, Washington, D.C.
EPA REG. V. U.S. Environmental Protection Agency, Region V, Chicago, Illinois.
FOG. Fats, Oil and Grease.
GPD. Gallons per day.
I.C. Indiana Code.
I/I. Inflow and Infiltration (clear water flow).
IDEM. Indiana Department of Environmental Management.
mg/l. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
O&G. Oil and grease.
POTW. Publicly owned treatment works.
RCRA. Resource Conservation and Recovery Act.
SIC. Standard industrial classification.
SIU. Significant industrial user.
SNC. Significant noncompliance.
TSS. Total suspended solids.
USC. United States Code.
(Ord. 842, passed 4-1-2000)