Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
"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 Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet and/or any authorized representative thereof.
"AUTHORIZED REPRESENTATIVE." An authorized representative of a user may be: (i) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (ii) a general partner or proprietor if the user is 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. An authorized representative of the city may be any person designated by the city to act on its behalf.
"AVAILABLE." As used in connection with this chapter means a public sewer located at the property line or point at which connection may be made with the city sanitary sewage collection facilities.
"BEST MANAGEMENT PRACTICES (BMPs)." Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5. BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
"BIOCHEMICAL OXYGEN DEMAND (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, five (5) days at 20 Centigrade expressed in terms of weight and concentration in milligrams per liter (mg/l).
"BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal, also called "house connection".
"BUILDING SEWER PERMIT." As set forth in "Building Sewers and Connections" (§§ 51.30 through 51.34).
"CATEGORICAL STANDARDS." National Categorical Pretreatment Standards or Pretreatment Standard. Any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1347) and 40 CFR 403 which applies to a specific category of individual users.
"CITY." The City of Versailles, its city council or commission, or the commission board or the superintendent of the POTW or his/her designee.
"COMBINED SEWER." Any conduit carrying both sanitary sewage and storm water or surface water.
"COMPATIBLE POLLUTANT." Biochemical oxygen demand, suspended solids and fecal coliform bacteria; plus additional pollutants that the POTW is designed to treat and, in fact, does treat to the degree required by the POTW's NPDES/KPDES permit.
"COMPOSITE WASTEWATER SAMPLE." A combination of individual samples of water or wastewater taken at selected intervals, based on quantity of flow for some specified period, to minimize the effect of variability of the individual sample. Individual samples may have equal volume or may be proportioned to the flow at the time of the sampling.
"CONTROL AUTHORITY." The term shall refer to the "Approval Authority" defined hereinabove; or the superintendent of the POTW or his/her designee if the city has 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.
"COUNTY HEALTH DEPARTMENT." The health department for Woodford County.
"DILUTION STREAM." Any wastewater not generated by a process regulated for the specific pollutant by a categorical standard under 40 CFR, Subchapter N.
"DIRECT DISCHARGE." The discharge of treated or untreated wastewaters directly to the waters of the Commonwealth of Kentucky.
"EASEMENT." An acquired legal right for the specific use of land owned by others.
"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 his/her duly authorized representative of said agency.
"EQUIPMENT." All movable, non-fixed items necessary to the wastewater treatment process.
"FEDERAL PRETREATMENT STANDARDS." Federal regulations for pretreatment of industrial wastewater under 40 CFR, Subchapter N and any applicable regulations, as amended.
"GARBAGE." The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
"GRAB SAMPLE." A sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream 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.
"INCOMPATIBLE POLLUTANT." The pollutant other than compatible pollutants as defined in this section.
"INDIRECT DISCHARGE." The discharge or the introduction of pollutants into a POTW from any source regulated under section 307 (b), (c) or (d) of the Act and including holding tank wastes discharged into the system.
"INDUSTRIAL USER." A source of indirect discharge.
"INDUSTRIAL WASTES." The wastewaters from industrial or commercial processes as distinct from domestic or sanitary wastes.
"INTERCEPTOR." A device designed and installed so as to separate and retain deleterious, hazardous, and undesirable matter from domestic wastes while permitting domestic sewage, sewer system or drainage system by gravity. Interceptor as defined herein is commonly referred to as grease, oil, or sand trap.
"INTERFERENCE." The inhibition or disruption of the POTW treatment processes or operations or that which contributes to a violation of any requirement of the city's NPDES/KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 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 obtained in any state sludge management plan prepared pursuant to Title IV or SWDA) applicable to the method of disposal or use employed by the POTW.
"MAXIMUM DAILY CONCENTRATION." The maximum concentration per day of a pollutant based on the analytical results obtained from a twenty-four (24) hour composite sample.
"MAY." This is permissive.
"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 the prohibitive discharge limits established pursuant to 40 CFR 403.
"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, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
"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 applicable to the source, if the standard is thereafter promulgated within one-hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one-hundred twenty (120) days after a proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
"OPERATION AND MAINTENANCE EXPENSES." All annual operation and maintenance expenses including replacement cost related directly to operating and maintaining the sewage works as shown by annual audit.
"PASS THROUGH." A discharge of a 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).
"PERSON." Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
"Ph." The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
"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, municipal, and agricultural wastes discharged into water.
"POLLUTION." The man-made or man-induced alteration of the chemical, physical, biological, and/or 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 Section 403.6 (d).
"PRETREATMENT REQUIREMENTS." Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on a significant user.
"PROHIBITIVE DISCHARGE STANDARD." Any regulation developed under the authority of 307 (b) of the Act and 40 CFR 403.5.
"PROPERLY SHREDDED GARBAGE." The wastes from the preparation, cooking, and dispensing of food that has been shredded to such 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 (1/2) inch in any dimension.
"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 conveyance 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 jurisdiction of the city who are users of the city's POTW.
"PUBLIC SEWERS." A common sewer controlled by a governmental agency or public utility. In general, the public sewer shall include the main sewer in the street and the service branch to the curb or property line, or a main sewer on private property and the service branch to the extent of ownership by public authority.
"REPLACEMENT." Expenditure for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
"SANITARY SEWER." A sewer that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants, and institutions.
"SEWAGE." The spent water of a community. Domestic or sanitary waste shall mean the liquid or waterborne wastes from residences, commercial buildings and institutions and is distinct from industrial sewage. The terms "sewage" and "wastewater" are used interchangeably.
"SEWAGE SYSTEM" or "WORKS." All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewage system and POTW.
"SEWER." A pipe or conduit that carries wastewater or drainage water.
"SEWER USER CHARGES." A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of such works.
"SHALL." This is mandatory.
"SIGNIFICANT INDUSTRIAL USER." Any user of the city's wastewater disposal system who: (i) is subject to Categorical Pretreatment Standard(s) under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or (ii) has a discharge flow of 25,000 gallons or more per average work day; or (iii) has a flow greater than five percent (5%) of the flow in the city's wastewater treatment system; or (iv) has in its wastewaters toxic pollutants as defined pursuant to Section 307 of the Act or state statutes or rules; or (v) is found by the city, state approval authority, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of the sludge, the system's effluent quality or air emissions generated by the system.
(1) The city may determine that an industrial user subject to categorical pretreatment standards is a NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER rather than a SIGNIFICANT INDUSTRIAL USER on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: (1) The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; (2) the industrial user annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and (3) the industrial user never discharges any untreated concentrated process wastewater.
(2) Upon a finding that a user meeting the criteria in this section 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 an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a SIGNIFICANT INDUSTRIAL USER.
"SIGNIFICANT NONCOMPLIANCE." A violation that meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) – violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and O&G and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) and/or a violation of best management practices that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or other order issued hereunder for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations which may include a violation of best management practices, that the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
"SLUG DISCHARGE." Any discharge of a non-routine episodic nature, including but not limited to an accidental spill or non-customary batch discharge and/or any discharge of water or wastewater in which the concentration of any given constituent or the quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flow rate during normal operation and/or adversely affects the POTW.
"STANDARD INDUSTRIAL CLASSIFICATION (SIC)." A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, U.S. Bureau of the Budget, 1972.
"STATE." The Commonwealth of Kentucky.
"STORM DRAIN" or "STORM SEWER." A drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.
"STORM WATER." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
"SUPERINTENDENT." The superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the city or his/her authorized deputy, agent, or representative.
"SURCHARGE." A charge for service in addition to the basic sewer user and debt service charge, for those users whose contribution contains biochemical oxygen demand (BOD), chemical oxygen demand (COD), suspended solids (SS) or ammonia nitrogen (N-NH) in concentrations which exceed limits specified herein for such pollutants.
"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" and referred to as nonfilterable residue.
"TOXIC POLLUTANT." Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA Section 307 (a) or other Acts.
"UNPOLLUTED WATER." Water of quality equal to or better than the treatment works effluent criteria in effects 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.
"USER." Any person who contributes, causes or permits the contribution of wastewater into the POTW. See definition of "Person".
"USER CHARGE." The charge levied on all users, including but not limited to, persons, firms, corporations, or governmental entities that discharge, cause, or permit the discharge of sewage into the POTW.
"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, and treat domestic and industrial wastes and dispose of the effluent.
"WASTEWATER TREATMENT WORKS." An arrangement of devices and structures for treating domestic wastewaters, and sludges. Sometimes used synonymously with "waste treatment plant" or "sewage treatment plant".
"WATERCOURSE." A natural or artificial channel for the passage of water either continuously or intermittently.
"WATERS OF THE COMMONWEALTH." All streams, lakes, ponds, marshes, water courses, water ways, wells, springs, reservoirs, aquifers, irrigation system, drainage system 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 Commonwealth or any portion thereof.
(Ord., passed 8-20-91; Am. Ord. 2011-35, passed 1-3-12; Am. Ord. 2020-11, passed 1-21-20)