§ 36-249. Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

24-hour, proportional composite sample or composite sample means a sample consisting of at least eight portions collected during a 24-hour period or the total period of waste flow if less than 24 hours and in which, if feasible, the sample portions are collected proportionate to the flow and then proportionately combined into a single "flow proportional" sample. In the event flow proportional sampling is infeasible, the city manager may authorize the use of time proportional sampling with samples taken at specified intervals and combined into a single sample.

Accidental discharge means any unintentional or unforeseen release of significant quantities or strengths of wastewater into the POTW that fails to comply with any prohibition or limitation of this article, any applicable pretreatment standard or the requirements of the discharge permit.

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 USC 1251 et seq.).

Approval authority means the director of the state department of natural resources, environmental protection division (EPD).

Authorized representation of the user.

(1)

If the user is a corporation, the term "authorized representation of the user" means:

a.

The president, secretary, treasurer or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

b.

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

(3)

If the user is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his designee.

(4)

The individuals described in subsections (1) through (3) of this section may designate another authorized representative if the authorization is:

a.

In writing;

b.

Specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company; and

c.

Is submitted to the city.

Biochemical oxygen demand or BOD ₅ means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (e.g., mg/l).

Building sewer or house connection means the connecting pipe from a building to the sanitary sewer.

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR 405 through 471.

City manager means the administrative officer of the city that is charged with administrative control of all operations of the POTW as designated by the city council and is responsible directly to the city council. As used in this article, the term "city manager" includes any city employee delegated to act for the city by the city manager or city council.

Combined sewer means a sewer receiving both surface runoff and wastewater.

Constituents means the specific compounds and components that comprise the wastewater.

Control authority means the city.

Cooling water means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state.

Domestic wastewater means all liquid and waterborne pollutants exclusive of unpolluted wastewater, as defined in this section, or wastewater or wastes from processes or operations of industrial users.

Environmental protection agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of the agency.

Existing source means any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of the proposed categorical pretreatment standards, which will be applicable to the source if the standard is thereafter promulgated in accordance with section 307 of the Act (33 USC 1317).

Grab sample means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

Holding tank waste means any waste from holding tanks of vessels, chemical toilets, campers, trailers, septic tanks, vacuum-pump tank trucks and septic tank haulers.

Indirect discharge means the introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act (33 USC 1317).

Industrial waste means the liquid or other wastes resulting from any process of industry, manufacture, trade or business or from the development of natural resources.

Infiltration.

(1)

The term "infiltration" means the water entering sewers and building sewer connections from the soil through defective joints, broken or cracked pipes, improper connections, manhole walls, etc.

(2)

The term "infiltration" does not include, and is distinguished from, inflow.

Inflow.

(1)

The term "inflow" means the water discharged into sewer lines from such sources as roof leaders, cellar and yard area drains, foundation drains, commercial and industrial discharges of unpolluted wastewater, as defined in this section, drains from springs and swampy areas, etc.

(2)

The term "inflow" does not include, and is distinguished from, infiltration.

Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference means a discharge, which alone or in conjunction with a discharge from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore, is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations:

(1)

Section 405 of the Act (33 USC 1317);

(2)

Solid Waste Disposal Act (42 USC 6901 et seq.), including title II which is commonly referred to as the Resource Conservation and Recovery Act (RCRA);

(3)

Any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act (42 USC 6901 et seq.);

(4)

Clean Air Act (42 USC 1857 et seq.);

(5)

Toxic Substances Control Act (15 USC 2601 et seq.); and

(6)

Marine Protection, Research, and Sanctuaries Act (33 USC 1401 et seq.).

Medical waste means 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 Categorical Pretreatment Standard, Categorical Pretreatment Standard or Pretreatment Standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of industrial users.

National Pollutant Discharge Elimination System or NPDES permit means a permit to discharge wastewater issued pursuant to section 402 of the Act (33 USC 1317).

New source.

(1)

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 the proposed pretreatment standards under section 307(c) of the Act (33 USC 1317) which will be applicable to the source if the standards are thereafter promulgated in accordance with that section; provided that:

a.

The building, structure, facility or installation is constructed at a site at which no other source is located;

b.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

The production or wastewater generating processes 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 integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2)

Construction on a site on 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 subsection (1)b. or c. of this definition but otherwise alters, replaces or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

a.

Begun, or caused to begin, as part of a continuous onsite construction program:

1.

Any placement, assembly or installation of facilities or equipment; or

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

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended for use in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.

Normal waste means a waste having average concentrations of 300 mg/l of BOD or less, 600 mg/l of COD or less, and 300 mg/l of suspended solids or less, as determined by 24-hour composite samples taken before entering the sewerage system.

Pass through means a discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with discharges from other sources, are 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 means 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. The term "person" includes all federal, state and local governmental entities.

pH means a measure of the acidity or alkalinity of a solution, expressed in standard units. The term "pH" is expressed as the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing the pollutants into the POTW. This reduction or alteration can be obtained by:

(1)

Physical, chemical or biological processes;

(2)

Process changes; or

(3)

Other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards means prohibited discharge standards, categorical pretreatment standards and local limits.

Private wastewater disposal system means any facilities for wastewater treatment and disposal not maintained and operated by the city.

Process wastewater means any water used in the industrial process that has become contaminated by dissolved materials, suspended solids or has been heated in the industrial process and is discharged to the POTW.

Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances.

Properly shredded garbage means the organic wastes resulting from the preparation, cooking, and dispensing of foods that have been shredded to the degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle being greater than one-half inch in any dimension.

Publicly owned treatment works or POTW means the term "treatment works," as defined by section 212 of the Act (33 USC 1292) that is owned by the city. The term "publicly owned treatment works or POTW" includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.

Receiving stream means that body of water, stream or watercourse receiving the discharge from a wastewater treatment plant or that body of water, stream or watercourse formed by the effluent from a wastewater treatment plant.

Sanitary sewage means sewage excluding process wastes from industrial users.

Sanitary sewer means a public sewer controlled by a governmental agency or public utility that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground and surface waters that are not admitted intentionally.

Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

Sewage means human excrement and gray water (e.g., household showers, dishwashing operations, etc.) from residences and water-carried wastes from industrial users.

Sewer means a pipe or conduit for carrying wastewater.

Sewerage system means all facilities for collection, pumping, treating and disposing of wastewater, generally referred to as the publicly owned treatment works or POTW.

Significant industrial user means:

(1)

A user subject to categorical pretreatment standards; or

(2)

A user that:

a.

Discharges an average of 25,000 gpd or more of process wastewater to the POTW, excluding sanitary, noncontact cooling and boiler blowdown wastewater;

b.

Contributes a process waste stream which makes up five percent of more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c.

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.

(3)

Upon a finding that a user meeting the criteria in subsection (2) of this definition 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 a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that the user should not be considered a significant industrial user.

Slug load or slug means any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in section 36-278. The term "slug load or slug" includes any discharge of a nonroutine, episodic nature including, but not limited to, an accidental spill or noncustomary batch discharge.

Standard industrial classification (SIC) code means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

Standard methods means the analytical procedures set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, or "EPA Methods for Chemical Analysis of Water and Wastes," as per 40 CFR 136 and amendments thereto.

Storm sewer or storm drain means a sewer which carries stormwaters and surface waters and drainage, but which excludes sanitary sewage and polluted industrial wastes.

Stormwater means any flow occurring during or following any form of natural precipitation and resulting from the precipitation, including snowmelt.

Suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid, and which is removable by laboratory filtering.

Total metals means the combined total recoverable concentration of the following metals: arsenic (As), cadmium (Cd), chromium (Cr), cobalt (Co), copper (Cu), lead (Pb), mercury (Hg), nickel (Ni), silver (Ag), tin (Sn) and zinc (Zn).

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in the regulations promulgated by the EPA under the provisions of section 307(a) of the Act (33 USC 1317) or by the state.

Unpolluted wastewater means any wastewater that is substantially free of pollutants and is discharged from the following:

(1)

Rain downspouts and drains.

(2)

Footing drains.

(3)

Storm and surface water drains.

(4)

Cooling water systems.

User or industrial user means a source of indirect discharge. The term "user or industrial user" includes any person who contributes, carries or permits the contribution of wastewater into the sewerage system.

Wastewater means 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 treatment plant or treatment plant means that portion of the POTW that is designated to provide treatment of municipal sewage and industrial wastewater.

(Code 1989, § 10-24; Ord. of 10-2-1995, § 1.5)