§ 51.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. Federal Water Pollution Control Act, also known as the Clean Water Act as amended 33 U.S.C. 1251, et seq.
   ANALYTICAL TESTING. All methods of sample collection, preservation, and analysis as prescribed in 40 CFR 136, “Test Procedures for the Analysis of Pollutants.”
   APPROVAL AUTHORITY. The Director in the NPDES state with an approved state pretreatment program and the Administrator of the E.P.A. in a non-NPDES state or NPDES state without an approved state pretreatment program.
   A.S.T.M. The American Society of Testing and Materials.
   AUXILIARY METER.
      (1)   A meter or meters used on a primary water supply other than a municipal water supply, i.e., wells, private water company, etc., and/or
      (2)   A meter or meters used to supplement the meter or meters measuring a municipal water supply and considered necessary in the determination of the sewage service charge and/or surcharge.
   BENEFICIAL USES. Uses of the waters of the state that may be protected against quality degradation, including but not limited to, domestic, municipal, agricultural and industrial water supply, 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 federal or state law.
   BIOCHEMICAL OXYGEN DEMAND — BOD. Oxygen utilized in the biochemical oxidation in the biochemical oxidation of organic matter in five days at 20°C., expressed in milligrams per liter. The values shall be as determined by the methods of Analytical Testing except that when the BOD value is to be used in determining wastewater treatment system or industrial cost recovery charges, and the BOD test does not produce an accurate measure of the oxygen demand actually exerted by the waste when undergoing treatment, then for use in determining said charges the BOD shall be calculated by whichever of the following formula gives the more accurate measure of oxygen demand actually exerted.
                  BOD = (F1) (COD) (Section 112)
                                  
                      or
                  BOD - (F2) (TVR)
Wherein F1 and F2 are constants to be determined for each wastewater treatment plant and TVR is the Total Volatile Residue in milligrams per liter as determined by the methods of analytical testing.
   BOARD. The City Council of the City of Warsaw, Kentucky.
   BUILDING DRAIN. That part of the lowest horizontal piping of the 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. The building drain shall extend to three feet outside the building wall.
      (1)   BUILDING DRAIN — SANITARY. A building drain which conveys sewage only.
      (2)   BUILDING DRAIN — STORM. A building drain which conveys storm water or other drainage, but no sewage.
   BUILDING SEWER. The extension form the building drain to the public sewer or other place of
disposal.
      (1)   BUILDING SEWER — SANITARY. A building sewer which conveys sewage only.
      (2)   BUILDING SEWER — STORM. A building sewer which conveys storm water or other drainage, but no sewage.
   CFR. Code of Federal Regulation.
   CHEMICAL OXYGEN DEMAND — COD. The oxygen equivalent of that portion of the organic matter than is susceptible to oxidation by a strong chemical oxidant. The values shall be as determined by the methods of analytical testing.
   CITY. The City of Warsaw, Kentucky, which shall act through its Council and Mayor and their designees. It shall also include the Warsaw Waterworks.
   COMBINED SEWER. A sewer which is intended to serve as a storm sewer and a sanitary sewer.
   CONTAMINATION. An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health, e.g., through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.
   COOLING WATER. The cleaned wastewaters discharged from any system of heat transfer such as condensation, air conditioning, cooling, or refrigeration.
   EPA. The United States Environmental Protection Agency.
   FEDERAL ACT. The Federal Water Pollution Control Act, PL 92-500 and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking, or dispensing of food, or from the handling, storage, or sale of produce (as distinguished from SHREDDED GARBAGE).
   GRANT AMOUNT. The portion of cash payment or contribution made by the Environmental Protection Agency or other state or federal governmental agency for the purpose of financing allowable wastewater treatment project costs.
   HOLDING TANK WASTE. Any sanitary waste from holding tanks or chambers such as are used in connection with boats, chemical toilets, campers, trailers, or other isolated facilities from which sanitary wastes emanate. This definition includes sanitary wastes from septic tanks.
   INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant as defined in this section.
   INDUSTRIAL PLANT. Any facility which discharges industrial wastes.
   INDUSTRIAL USER. For purposes of industrial cost recovery, shall mean any non- governmental user of the wastewater treatment system identified in the Standard Industrial Classification Manual,
1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
      (1)   Division A. Agriculture, Forestry, and Fishing.
      (2)   Division B. Mining.
      (3)   Division D. Manufacturing.
      (4)   Division E. Transportation, Communications, Electric, Gas, and Sanitary Services.
      (5)   Division I. Services.
A user in the Divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
   INDUSTRIAL WASTES. The wastes admissible to the wastewater treatment system from industrial manufacturing processes, trade or business or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.
   INTERFERENCE. Inhibition or disruption of the sanitation district's sewer system, treatment process, or operations which contribute to a violation of any requirement of the wastewater treatment system NPDES permit. The term includes prevention of sewage sludge use or disposal by the sanitation district in accordance with Section 405 of the Act, 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 plant prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the sanitation district.
   KDNREP. The Kentucky Department for Natural Resources and Environmental Protection.
   KJELDAHL NITROGEN. The sum of free-ammonia and organic nitrogen compounds which are converted to ammonium sulfate (NH4)2SO4, under test conditions. The values shall be as determined by the methods of analytical testing.
   MAINTENANCE. Keeping the wastewater treatment works in a state of repair and shall include expenditures necessary during the service life of the treatment works to maintain the capacity (capability) for which said works were designed and constructed.
   MAJOR CONTRIBUTING INDUSTRY. A nonresidential user that: has a flow of 50,000 gallons or more per average work day; or has a flow greater than 5% of the flow carried by the sewer system; or has in its waste, a toxic pollutant in toxic amounts; or discharges wastewater that is found by the Director, or the NPDES permit issuance authority in connection with the issuance of a NPDES permit to the public wastewater treatment system receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system or upon the quality of effluent therefrom.
   MASS EMISSION RATE. The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean kilograms per day of a particular constituent or combination of constituents.
   MAYOR. The Mayor of the City of Warsaw, Kentucky.
   mg/l. Milligrams per liter.
   NATIONAL 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 Act, which applies to industrial users.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
   NORMAL STRENGTH SEWAGE. Sewage having daily average concentration values of not more than the following in the pollutant categories indicated:
 
Biochemical oxygen demand
240 mg/l
Suspended solids
300 mg/l
Total phosphorus as P
20.0 mg/l
Total kjeldahl nitrogen as N
30.0 mg/l
 
   Biodegradable oils and greases in less than floating amounts.
   NPDES PERMIT. National Pollutant Discharge Elimination System Permit.
   NUISANCE. Anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with human comfort or enjoyment of life or property, whether affecting individual interests per se or affecting at the same time an entire community or neighborhood of any considerable number of persons, although the extent of the annoyance, interference or damage may not be inflicted equally upon the persons therein.
   OPERATOR. The employee of the city charged with the operation and supervision of the city's water and sewer systems.
   PERSON, ENTERPRISE, ESTABLISHMENT, or OWNER. Any individual, firm, company, association, society, corporation, or group other than a public corporation.
   pH. The logarithm to the base 10 of the reciprocal of the concentration of hydrogen ion in grams per liter of solution.
   PHOSPHORUS. Total phosphorus content in wastewater as determined by the methods of analytical testing.
   POLLUTION. An alteration of the quality of the water of the state by waste to a degree which affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination.
   PRIVATE SEWER. Any privy, privy vault, cesspool, septic tank, or other means of sewage disposal or treatment not connected to any sewerage system.
   PUBLIC AUTHORITY. Any government entity having jurisdiction.
   PUBLIC CORPORATION. Any city, county, school district, water district, and any other governmental agency or political subdivision clothed with the power of levying taxes or issuing bonds payable from special funds.
   PUBLIC SEWER. A sewer which is controlled, owned, operated, and maintained by a public authority.
   REGIONAL ADMINISTRATOR. The appropriate EPA Regional Administrator or his representative.
   REPLACEMENT. Expenditures 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 said works were designed and constructed. Operation and maintenance includes replacement.
   RULES AND REGULATIONS. Rules, regulations, ordinances, laws, and statutes.
   SANITARY SEWAGE. Sewage containing water-carried wastes contributed from premises by reason of human occupancy and free from storm, surface water, and industrial wastes.
   SANITARY SEWER. A sewer which carries sanitary sewage and industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted.
   SEWAGE. A combination of the liquid and water-carried waste discharged from premises.
   SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
   SEWER. Any pipe or conduit for conveying wastewater or drainage water.
   SEWER SERVICE CHARGE. The charge, based upon the amount of water supplied to the user, that he must pay for the use of and the services rendered by the sewage works and facilities of the city.
   SEWER SYSTEM. All facilities for collecting, pumping, and transporting wastewater to the treatment facilities.
   SHREDDED GARBAGE. Garbage 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 ½ inch in any dimension (as distinguished from GARBAGE.)
   SLUG LOADING. shall mean the discharge of any pollutant, including (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the wastewater treatment system.
   SPECIAL METER. The term applied to an approved meter designed for measurement of water and used specifically for the sole purpose of measuring the amount of water which does not enter the sewerage system and for which a user expects to receive a reduction in their sewerage service charge.
   STANDARD INDUSTRIAL CLASSIFICATION. The classification of users based on the 1972 Standard Industrial Classification Manual (SIC), Office of Manpower and Budget of the United States of America.
   STANDARD METHODS. The publication: Standard Methods for the Examination of Water and Wastewater, latest edition, American Public Health Association, American Water Works Association, Water Pollution Control Federation.
   STORM SEWER or STORM DRAIN. A sewer which carries storm waters, surface runoff, street wash waters and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
   SURCHARGE. The charge which the user must pay in addition to the sewer service charge if the sewage which he is discharging into the sewerage system exceeds the specifications for normal strength sewage.
   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, expressed in milligrams per liter. The value shall be as determined by the methods of analytical testing.
   TOTAL SOLIDS. Solids that remain after all liquid has been evaporated, expressed in milligrams per liter. The values shall be as determined by the methods of analytical testing.
   TOXIC POLLUTANT. Any pollutant or combination of pollutants which interferes with the proper operation of a wastewater treatment plant or which is designated as toxic by the general manager.
   UNPOLLUTED WATER. Water to which no constituent has been added, either intentionally or accidentally.
   USEFUL LIFE. The estimated period of time during which a wastewater treatment works will be required to perform a function which is necessary to the wastewater treatment system's operation.
   USER. Any person that discharges, causes, or permits the discharge of wastewater into a public sewer.
   USER CLASSIFICATION. The identification of a user as to the type of premises from which wastewater is discharged. Such classification shall be assigned by the district and shall include residential, industrial, public, and commercial users.
      (1)   RESIDENTIAL USER. Any single or two-family housing unit.
      (2)   INDUSTRIAL USER. Any user which discharges industrial wastes.
      (3)   PUBLIC USER. Any public or parochial school, college, university, churches, public parks, public or governmental buildings, charitable institutions, and other similar users of an eleemosynary nature.
      (4)   COMMERCIAL USER. Any and all users of the wastewater treatment system not otherwise classified.
   WASTE. 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 production, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.
   WASTEWATER. A combination of the liquid and water-carried wastes from premises.
   WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.
   WASTEWATER TREATMENT PLANT. Refer to “Sewage Treatment Plant.”
   WASTEWATER TREATMENT SYSTEM. All of the connected treatment works necessary to meet the requirements of Title III of the Federal Act and involved in: the transport of wastewaters from premises to a plant or facility wherein treatment of the wastewater is accomplished; the treatment of the wastewaters to remove pollutants; and the ultimate disposal, including recycling or reuse of the treated wastewaters and residues resulting from the treatment process.
   WASTEWATER TREATMENT SYSTEM (WTS) SERVICE CHARGE. Refer to SEWER SERVICE CHARGE.
   WASTEWATER TREATMENT SYSTEM (WTS) SURCHARGE. Refer to SURCHARGE.
   WATERWAY or WATERCOURSE. A channel in which waters of the state flow either continuously or intermittently.
   W.P.C.F. The Water Pollution Control Federation.
(Ord., passed 7-13-87)