§ 52.006 DEFINITIONS.
   (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 (P.L. 92-500), also known as the Clean Water Act, as amended, the same being 33 USC 1251 et seq.
      APPLICABLE PRETREATMENT STANDARD. Any federal, state and/or local pretreatment limit or prohibitive standard contained in this chapter and considered to be the most restrictive with which non-domestic users will be required to comply.
      APPROVAL AUTHORITY. The Regional Administrator of the U.S. EPA or The Director of the State Environmental Management.
      AUTHORITY. The City Waste Water Treatment Plant Superintendent or his or her duly authorized deputy, agent or representative.
      AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. 
         (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 industrial user is a partnership or proprietorship, respectively; or
         (c)   A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
      AVERAGE MONTHLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
      AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
      BENEFICIAL USES. These uses include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.
      BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20° C. The laboratory determinations shall be made in accordance with procedures set forth in 40 CFR Part 136.
      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 a building and conveys it to the building sewer beginning three feet outside the building wall.
      BUILDING DRAIN, SANITARY. A building drain which conveys sanitary or industrial sewage only.
      BUILDING DRAIN, STORM. A building drain which conveys storm water or other clearwater drainage, but no wastewater.
      BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. Also called HOUSE CONNECTION.
      BUILDING SEWER, SANITARY. A building sewer which conveys sanitary or industrial sewage only.
      BUILDING SEWER, STORM. A building sewer which conveys stormwater or other clearwater drainage, but no sanitary or industrial sewage.
      CATEGORICAL STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the act, the same being 33 USC 1317, which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
      CHEMICAL OXYGEN DEMAND or COD. A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made using standard laboratory procedures, in accordance with 40 CFR Part 136, expressed in milligrams per liter.
      CITY. The City of Valparaiso, Porter County, Indiana.
      CODE OF FEDERAL REGULATIONS (CFR). A publication of the United States government which contains all of the finalized federal regulations.
      COMBINED SEWER. A sewer intended to receive other wastewater and storm or surface water.
      COMPOSITE SAMPLES. Shall mean a 24-hour composite sample containing a minimum of 12 discrete samples taken manually or automatically, at equal time intervals, over the compositing period or proportional to the flow rate over the compositing period.
      CONVENTIONAL POLLUTANT. A pollutant which has been designated as conventional under Section 304(a)(4) of the Act.
      DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.
      EFFLUENT. Raw, untreated, partially or completely treated wastewater or other liquid flowing from an IU to a reservoir, basin, treatment process or treatment plant.
      EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to the sources if the standard is thereafter promulgated in accordance with Section 307 of the Act.
      FLOATABLE OIL. Oil, fat or grease in a physical state that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the city.
      GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
      GRAB SAMPLE. An individual sample which is taken from a wastestream without regard to flow rate and over a period of time not to exceed 15 minutes.
      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 sewerage system, with no particle being greater than one-half inch in dimension.
      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.
      INDUSTRIAL USER or IU. Any non-domestic source which introduces pollutants into a POTW.
      INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade, or business, as distinct from sanitary sewage.
      INDUSTRIAL WASTEWATER DISCHARGE PERMIT (IWDP). A permit to deposit or discharge industrial waste into the city’s collection system, as issued by the POTW.
      INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through means such as, but not limited to, defective pipes, pipe joints, connections or manhole walls. INFILTRATION does not include and is distinguished from inflow.
      INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow, without distinguishing the source.
      INFLOW. The water entering into a sewer system, including building drains and sewers, from sources such as, but not limited to: roof leaders, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. INFLOW does not include, and is distinguishable from infiltration.
      INFLUENT. The water, together with any wastes that may be present flowing into a drain, sewer, receptacle, or outlet.
      INSPECTOR. The person or persons duly authorized by the city, through its Board of Public Works and Safety, to inspect and approve the installation of building sewers and their connection to the public sewer system.
      INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of industrial flow rate and the duration of the sample 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 as defined in 40 CFR Part 403.3(i).
      MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily discharge.
      MAY. The action referred to is permissive.
      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.
      NATIONAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and (c) of the Act, as well as prohibitive discharge limits established pursuant to 40 CFR Part 403.5.
      NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
      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.
      NH3. Ammonia nitrogen measured as ammonia. The laboratory determination shall be made in accordance with procedures set forth in 40 CFR Part 136.
      NON CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate products, waste products or finished products.
      NORMAL DOMESTIC SEWAGE.
         (a)   For the purpose of determining surcharges, NORMAL DOMESTIC SEWAGE shall mean wastewater or sewage having an average daily concentration as follows:
            1.   COD not more than 480 mg/l;
            2.   BOD not more than 240 mg/l;
            3.   S.S. not more than 200 mg/l;
            4.   NH (nitrogen as ammonia) not more than 30 mg/l; and/or
            5.   Phosphorus not more than 10 mg/l.
         (b)   As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes.
      NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for the discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
      PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharge from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.
      PERSON. Any and all persons, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the state, the United States of America, or other legal entity or their legal representatives, agents or assigns. The singular includes the plural where indicated by the context.
      pH. The measure of the acidity or alkalinity of a solution by standard laboratory procedures set forth in 40 CFR Part 136, expressed in standard units.
      PHOSPHORUS or P. The chemical element phosphorus, total. The laboratory determinations shall be made in accordance with procedures set forth in 40 CFR Part 136.
      POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects the waters for beneficial uses or facilities which serve the beneficial uses. The manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
      PRETREATMENT. The treatment of industrial sewage from privately owned industrial sources prior to introduction into a public treatment works.
      PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
      PRIVATE SEWER. A sewer which is not owned by a public authority.
      PROHIBITED DISCHARGE STANDARD or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 52.020.
      PROPERLY SHREDDED GARBAGE. The wastes 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 in any dimension.
      PUBLIC OWNED TREATMENT WORKS (POTW). A treatment works, as defined by Section 212 of the Act, the same being 33 USC 1298, which is owned by the city. This definition includes any devices or systems or industrial wastes of a liquid nature and only conveyances which convey wastewater to a treatment plant.
      PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
         (a)   COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
         (b)   FORCE MAIN. A pipe in which wastewater is carried under pressure. 
         (c)   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
         (d)   PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
      RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
      SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.
      SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water. The three most common types of sewage are:
         (a)   COMBINED SEWAGE. Shall mean wastes, including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
         (b)   INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment. This shall include the wastes from pretreatment facilities and polluted cooling water.
         (c)   SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.
      SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
      SIGNIFICANT INDUSTRIAL USER.
         (a)   An industrial user subject to categorical pretreatment standards;
         (b)   An industrial user that:
            1.   Discharges an average of 25,000 gpd or more of process wastewater to the POTW, excluding sanitary, non-contact cooling, and boiler blowdown 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 a SIGNIFICANT INDUSTRIAL USER by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
      SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
      SEWER. A pipe or conduit for carrying sewage.
      SHALL. The action referred to is mandatory.
      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 in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act, the same being P.L. 94-580.
      SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 52.20.
      STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the current Standard Industrial Classification manual issued by the Executive Office of the President, Office of Management and Budget.
      STANDARD METHODS. The laboratory procedures set forth in the latest approved 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.
      STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
      SUPERINTENDENT. The Superintendent of the Elden Kuehl Pollution Control Facility of the city or his or her authorized deputy, agent or representative.
      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 using EPA approved methods.
      TOTAL SOLIDS. The sum of total suspended and total dissolved solids using EPA approved methods.
      TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to Section 307(1) of P.L. 92-500.
      TOXIC POLLUTANT. Those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
      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 to the sanitary sewers and wastewater treatment facilities provided.
      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.
      U.S. ENVIRONMENTAL PROTECTION AGENCY or 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 the agency.
      USER. Any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
      VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550° C for 15 to 20 minutes in accordance with procedures set forth in 40 CFR Part 136.
      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 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.
      WASTEWATER TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
      WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(‘89 Code, § 105.04)
   (B)   For the purpose of this chapter, the following abbreviations shall have the meanings designated below.
      40 CFR PART 136. Pertains to guidelines establishing test procedures for the analysis of pollutants.
      40 CFR PART 261. Pertains to identification and listing of hazardous waste.
      40 CFR PART 403. Pertains to general pretreatment regulations for existing and new sources of pollution.
      BOD. Biochemical oxygen demand.
      CFR. Code of Federal Regulations.
      COD. Chemical oxygen demand.
      CWA. Clean Water Act.
      EPA. Environmental Protection Agency.
      GPD. Gallons per day.
      IDEM. Indiana Department of Environmental Management.
      IU. Industrial user.
      mg. Milligrams.
      mg/l. Milligrams per liter.
      NPDES. National Pollutant Discharge Elimination System.
      O & M. Operation & Maintenance
      POTW. Publicly owned treatment works.
      RCRA. Resource Conservation and Recovery Act.
      SIC. Standard industrial classification.
      SIU. Significant industrial user.
      TRC. Technical review criteria.
      TSS. Total suspended solids.
      USC. United States Code.
      WWTP. Wastewater treatment plant.
(‘89 Code, § 105.05) (Am. Ord. passed 7-27-98)