(A) Definitions. For the purpose of this subchapter, 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 (Pub. Law No. 92-500) also known as the Clean Water Act of 1977, as amended, 33 U.S.C. §§ 1251 et seq. (Pub. Law No. 95-217); as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal and/or local) contained in this subchapter deemed to be the most restrictive which non-domestic users will be required to comply with.
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.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be:
(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; and
(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.
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.
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, either tangible or intangible, as specified by state or federal law.
BIOCHEMICAL OXYGEN DEMAND or BOD. Of sewage, sewage effluent, polluted waters or industrial wastes shall mean 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 Standard Methods.
BOARD. It is the governing body of the sewage system of the Town, which is a public utility.
BUILDING OR HOUSED DRAIN. The lowest horizontal piping of building drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to a point approximately five feet outside the foundation wall of the building.
(a) BUILDING DRAIN, SANITARY. A building drain which conveys sanitary or industrial sewage only.
(b) BUILDING DRAIN, STORM. A building drain which conveys storm water or other clear water drainage, but no wastewater.
BUILDING FOR HOUSE/LATERAL SEWER. The extension from the building drain to the sewage system or other place of disposal.
(a) BUILDING SEWER, SANITARY. A building sewer which conveys sanitary or industrial sewage only.
(b) BUILDING SEWER, STORM. A building sewer which conveys storm water or other clear water drainage, but no sanitary or industrial sewage.
CATEGORICAL STANDARDS. National categorical pretreatment standards or pretreatment standard.
CHEMICAL OXYGEN DEMAND or COD. Of sewage, sewage effluent, polluted waters or industrial wastes is 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 in accordance with procedures set forth in Standard Methods.
COMPATIBLE POLLUTANTS. Biochemical oxygen demand, suspended solids, pH and fecal coli form bacteria, plus additional pollutants if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. The term “substantial degree” is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants which may be compatible include:
(a) Chemical oxygen demand;
(b) Total organic carbon;
(c) Phosphorous and phosphorous compounds;
(d) Nitrogen and nitrogen compounds; and
(e) Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
COMPOSITE SAMPLE. A composite sample should contain a minimum of eight discrete samples taken at equal time intervals over the compositing 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.
DAILY DISCHARGE. Discharge of a pollutant “measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling”.
DEPARTMENT. The Town’s wastewater treatment plant, including the wastewater collection system.
DOMESTIC SEWAGE. Wastewater from typical residential users and having pollutant characteristics of not greater than 250 mg/l BOD and 250 mg/l suspended solids.
EASEMENT. An acquired legal right of the specific use of land owned by others.
EFFLUENT. Water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
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 said agency.
FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of humans and animals, whose presence in sanitary sewage is an indicator of pollution.
FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
FOREMAN. Administrative head of sewer maintenance.
GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
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.
GREASE AND OIL. A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. GREASES AND OILS are defined by the method of their determination in accordance with Standard Methods.
GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances of biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries, restaurants.
GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes, storage depot wastes.
GROUNDED (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 sewage system, with no particle being greater than one-half inch in dimension.
HOLDING TANK WASTE. Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks and the like.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
INDUSTRIAL USER. Any industrial or commercial establishment manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.
INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and shall further mean any waste from an industrial user.
INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
INFILTRATION. The water entering a wastewater system, including wastewater service connections, from the ground, through such means as, but not limited to defective pipes, pipe joints, connections or manhole walls.
INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
INFLOW. The water discharged into a wastewater system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters or drainage. (INFLOW does not include, and is distinguished from, infiltration.)
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
INSPECTOR. A person authorized by the Town.
INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Town’s NPDES permit and as defined in 40 C.F.R.§ 403.3(k), 1-28-1981, Federal Register 403.3(i). 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, guideline or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq., the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA, being 42 U.S.C. §§ 6941 et seq.) applicable to the method of disposal or use employed by the POTW.
MAJOR CONTRIBUTOR. A contributor that:
(a) Has a flow of more than 25,000 gallons per average workday;
(b) Has in its waste a toxic pollutant in toxic amounts as defined in § 307 of the Federal Act;
(c) Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
(d) Has in its wastes toxic pollutants as defined pursuant to § 307 of the Act, of state statutes and rules; or
(e) Is found by the Town, 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.
MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily discharge.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C.§ 1317(b) and (c)) which applies to a specific category (SIC No.) of industrial users and specifies quantities or concentrations of pollutants which may be discharged.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5 and includes specific prohibitions or limits as developed by a POTW, either as a requirement of an approved POTW pretreatment program or an NPDES permit.
NATURAL OUTLET. Any outlet into a watercourse, pond, lake or other body of surface or ground water.
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317(c)) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated 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.
NPDES PERMIT. National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to § 402 of Pub. Law No. 95-217, being 33 U.S.C. § 1342.
NUISANCE. Anything which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property.
PASS THROUGH. The discharge of pollutants by an industrial user through the POTW into navigable waters in quantities or concentrations which are a cause of, or significantly contribute to, a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) and as defined in 40 C.F.R.§ 403.3(p).
PERSON. Any and all persons, natural or artificial, 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 masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
pH. The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms 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 waste discharged into water.
POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
PREMISES. A parcel of real estate including any single improvement thereon which is determined by the Town to be a single user for purposes of receiving, using and payment for service. Any additional improvement on the same parcel of real estate which is determined by the Town to be a user shall be separately connected to the sewerage for the purpose of receiving, using and payment for service.
PRE-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, process changes or by other means, except as prohibited by 40 C.F.R. § 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under § 307 of Pub. Law No. 95-217, being 33 U.S.C. § 1317, under regulation 40 C.F.R. part 403 pursuant to the Act, and amendments.
PRE-TREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PROPER OPERATION AND MAINTENANCE. Procedures executed in a prudent, cost-effective and workmanlike manner which achieve the highest and/or required effluent quality of industrial discharge attainable in conformance with the best available technology and practices. PROPER OPERATION AND MAINTENANCE requirements include avoidance of operational error, adherence to manual instructions, preventive maintenance, avoidance of careless or improper operation, neat accurate sampling, analysis and records retention; storage of process chemicals, lubricants, solvents and the like, in a safe and organized manner, avoidance of accidental spillage, keeping operating logs and any other activities which produce the desired effluent quality.
PUBLIC WORKS DIRECTOR. The administrative head of the wastewater treatment plant and collection system.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the Town. 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 subchapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town’s POTW. Also known as SEWAGE WORKS.
POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
SANITARY SEWAGE. The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, basement drains, household laundries, garage floor drains, drinking fountains, stable floor drains and all other water-carried waste, except industrial wastes.
SEWAGE SYSTEM. The network of publicly owned sewers and appurtenances used for collecting, transporting and pumping wastewater to the wastewater treatment plant.
SEWAGE WORKS. Sewers, wastewater treatment plant, sewage system and any associated structures or equipment. Also known as POTW.
SEWER. A pipe or conduit laid for carrying wastewater or other liquids.
(a) COMBINED SEWER. A sewer which carries storm, surface, ground water runoff and wastewater.
(b) PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority, including the following elements.
1. COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
2. INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
3. FORCE MAIN. A pipe in which wastewater is carried under pressure.
4. PUMPING STATION. A station positioned in the public sewage system at which wastewater is pumped to higher level.
(c) SANITARY SEWER. A sewer which carries wastewater and to which storm, surface and ground waters and unpolluted industrial wastewater are not intentionally admitted.
(d) STORM SEWER. A sewer which carries storm, surface and ground water drainage, but excludes wastewater.
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 §§ 402 and 405 of the Clean Water Act, being 33 U.S.C. §§ 1342 and 1345 and in the applicable requirements under §§ 3001, 3004 and 4004 of the Solid Waste Disposal Act (Pub. Law No. 94-580), being 42 U.S.C. §§ 6921, 6924 and 6944.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than five minutes more than five times the average 24-hour concentration of flow during normal operation and shall adversely affect the sewage works.
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.
STANDARD METHODS. Shall mean 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.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SURCHARGE. A charge for services in addition to the basic service charge.
SUSPENDED SOLIDS. Solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
TOTAL SOLIDS. The sum of suspended and dissolved solids.
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 the Clean Water Act (Pub. Law No. 94-217), being 33 U.S.C. §§ 1251 et seq.
TOXICANT. A substance that is known or suspected carcinogens, mutagens or teratogens and substances present in industrial discharges with known toxic effects on human and aquatic life which is among the list of elements and compounds known as “priority pollutants” developed under the Clean Water 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 to sanitary sewers and wastewater treatment facilities provided.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the standards set forth in this subchapter due to factors beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventive maintenance or careless or improper operation thereof.
USER. Any person that discharges, causes or permits the discharge of wastewater into the sewage system.
USER CLASSES. The Industrial class shall include any user, identified in the Standard Industrial classification Manual of 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: Division A -Agriculture, Forestry and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communications, Electric, Gas and Sanitary Services; and Division I - Services. The non-industrial class shall include all users whose wastes are segregated domestic wastes or wastes from sanitary conveniences where regular domestic wastes or wastes from sanitary conveniences where regular domestic wastes are those generated by normal domestic activity.
VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
WASTE. Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing or industrial operation of whatever nature, including such waste placed within containers or whatever nature prior to, and for purposes of disposal.
WASTEWATER. The water-carried waste from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and storm waters as may be present.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used for treating wastewater.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE. Any water, surface or underground, within the boundaries of Indiana, except confined waters in sewers, tanks and the like.
(B) Word usage.
(1) The use of the word shall indicates a mandatory condition.
(2) The use of the word may indicates a discretionary condition.
(C) Abbreviations. The following abbreviations shall have the designated meanings:
40 C.F.R. part 403. General Pretreatment Regulations, as published in the Federal Register on 6-26-1978 and on 1-28-1981 and in subsequent amendments thereto.
ASTM. American Society for Testing Materials.
BOD. Biochemical oxygen demand.
C.F.R. Code of Federal Regulations.
COD. Chemical oxygen demand.
EPA. Environmental Protection Agency.
ISBH. Indiana State Board of Health.
l. Liter.
mg. Milligrams.
mg/l. Milligrams per liter.
NPDES. National Pollutant Discharge Elimination System.
O&M. Operation and maintenance.
POTW. Publicly owned treatment works.
RCRA. Resource Conservation and Recovery Act (Pub. Law No. 94-580), being 42 U.S.C. §§ 6901 et seq.
SIC. Standard Industrial Classification.
SWDA. Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.
TSS. Total suspended solids.
U.S.C. United States Code.
WPCF. Water Pollution Control Federation.
(2005 Code, § 102.21)