(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "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.
(2) "APPLICABLE PRETREATMENT STANDARD." Any pretreatment limit on a prohibitive standard (federal, state, and local) contained in this chapter and considered to be the most restrictive with which nondomestic users will be required to comply.
(3) "APPROVAL AUTHORITY." The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
(4) "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER." An authorized representative of an industrial user may be:
(a) A principal executive of at least the level of vice-president, if the industrial user is a corporation;
(b) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
(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.
(5) "AVERAGE MONTHLY DISCHARGE LIMITATION." The highest allowable average of daily discharges over a calendar month, calculated as the sums of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
(6) "BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration (milligrams per liter (mg/l)).
(7) "BUILDING SEWER." A sewer conveying wastewater from the premises of a user to the POTW.
(8) "CATEGORICAL STANDARDS." National categorical pretreatment standards or pretreatment standard.
(9) "CITY." The city, the Common Council, or the Board of Public Works and Safety.
(10) "COMPOSITE SAMPLES." Contains a minimum of eight discrete samples taken at equal time intervals over the composite 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.
(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.
(12) "CONTROL AUTHORITY." Refers to the approval authority, defined in this section; or the Superintendent if the city has an approved pretreatment program under the provisions of 40 CFR, 403.11.
(13) "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.
(14) "DIRECT DISCHARGE." The discharge of treated or untreated wastewater directly to the waters of the state.
(14a) “DAILY MAXIMUM LIMIT.” The highest allowable concentration of a given constituent and/or pollutant taken from any single random grab sample of a discharge, the highest value obtained from any number of samples and analyses shall be reported with no averaging of available data.
(15) "ENVIRONMENTAL PROTECTION AGENCY (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 said Agency.
(16) "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.
(17) "HOLDING TANK WASTE." Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(18) "GROUND (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 sewer system, with no particle being greater than 1/2-inch in dimension.
(19) "GARBAGE." Any solid wastes from the preparation, cooking, or dispensing of food and from handling, storage, or sale of produce.
(20) "INDIRECT DISCHARGE." The discharge or the introduction of nondomestic 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).
(21) "INDUSTRIAL USER." A source of 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).
(22) "INDUSTRIAL WASTE (PRETREATMENT) PERMIT." A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
(23) "INFLUENT." The water together with any wastes that may be present flowing into a drain, sewer, receptacle, or outlet.
(24) "INTERFERENCE." The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirements of the city's NPDES 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, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
(25) "NATIONAL CATEGORICAL PRETREATMENT STANDARD" or "PRETREATMENT STANDARD." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) or (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
(26) "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE STANDARD." Any regulation developed under the authority of 307 (b) of the Act and 40 CFR, Section 403.5.
(27) "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 1317) categorical pretreatment standard which will be 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.
(28) "NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM" or "NPDES PERMIT." A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(29) "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.
(30) "pH." The logarithm (base ten) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
(31) "POLLUTION." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(32) "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, or municipal and agricultural waste discharged into water.
(33) "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 other means, except as prohibited by 40 CFR Section 403.6(d).
(34) "PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
(35) "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 persons outside the city who are, by contract or agreement with the city, users of the city's "POTW."
(36) "POTW TREATMENT PLANT." That portion of the POTW designed to provide treatment to wastewater.
(37) "RECEIVING STREAM." The water course, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
(38) "SIGNIFICANT INDUSTRIAL USER." Any industrial user of the city's wastewater disposal system who has a discharge flow of 20,000 gallons or more per average work day, has a flow greater that 2% of the flow in the city's wastewater treatment system, has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act of state statutes and rules or 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 industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
(39) "SLUDGE." Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment 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 and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act PL 94-580.
(40) "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.
(41) "STANDARD INDUSTRIAL CLASSIFICATION (SIC)." A classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget, 1972.
(42) "STORM WATER." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(43) "SUSPENDED SOLIDS." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
(44) "SUPERINTENDENT." The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
(45) "TOXIC POLLUTANT." Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307 (a) or other Acts.
(46) "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 the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation of the facilities.
(47) "USER." Any person who contributes, causes, or permits the contribution of wastewater into the city's POTW.
(48) "WASTEWATER." The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
(49) "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, quantity, and strength of wastewater.
(50) "WATERS OF THE STATE." All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies of 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.
(51) "WASTEWATER CONTRIBUTION PERMIT." As set forth in § 52.086.
(B) The following abbreviations shall have the designated meanings:
BOD - Biochemical oxygen demand.
CFR - Code of Federal Regulations.
COD - Chemical oxygen demand.
EPA - Environmental Protection Agency.
l - Liter.
IU - Industrial user
mg - Milligrams.
mg/l - Milligrams per liter.
NPDES - National pollutant discharge elimination system.
O & M - Operation and maintenance.
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.
WWTP - Wastewater treatment plant.
(Ord. 85-2, passed 3-25-85; Am. Ord. 2004-15, passed 11-22-04; Am. Ord. 2009-17, passed 10-26-09)