§ 34-102. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized representative means:

(1)

In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;

(2)

In the case of a partnership or proprietorship, a general partner or proprietor; and

(3)

An authorized representative of the individual designated above if:

a.

Such representative is responsible for the overall operation of the facilities from which the discharge originated;

b.

The authorization is in writing and

c.

The written authorization is submitted to the public services director.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 34-168. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

BOD or biochemical oxygen demand shall mean the quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in standard methods.

Building drain shall mean that part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and convey it to the building sewer, beginning five (5) feet outside the inner face of the building wall.

Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

Bypass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.

Categorical pretreatment standard shall mean any regulation containing pollutant discharge limits or requirements promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users.

COD or chemical oxygen demand shall mean the quantity of oxygen consumed in the chemical oxidation of organic matter expressed in milligrams per liter.

Combined sewer shall mean a sewer receiving both surface runoff and sewage.

Compatible pollutant shall mean the pollutants which are treated and removed to a substantial degree by the treatment works. These pollutants include COD, BOD suspended solids, pH and fecal coliform, phosphorus and its compounds, nitrogen and its compounds.

Environmental protection agency or EPA shall mean the United States Environmental Protection Agency or, also be used as a designation for the administrator or other authorized official of such agency.

Federal act or Act shall mean the Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. 1251 et seq., and rules and regulations promulgated thereunder.

Garbage shall mean the residue from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.

Ground garbage shall mean the residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.

Industrial user shall mean any nondomestic user discharging or potentially discharging, from any nondomestic source to the city's wastewater system, pollutants which are subject to regulation under the Federal Act, state law or local ordinance.

Industrial waste shall mean liquid waste carried from industrial processes as distinct from sanitary sewage.

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

Interference shall mean any inhibition or disruption of the city's wastewater system, treatment process, operations, or residuals management program, which may cause or contribute to a violation of the city's NPDES permit.

NPDES permit shall mean a national pollution discharge elimination system permit. A permit issued pursuant to section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342).

Natural outlet shall mean any outlet, including storm drains, into a watercourse, pond, ditch, lake or other body of surface or groundwater.

New source shall mean 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 such source if such 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 source is located; or

(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 processes are substantially independent of an existing source at the same site.

Nondomestic user shall mean any user of the wastewater system that discharges wastes other than or in addition to water-carried wastes from toilet, kitchen, laundry, bathing or other facilities used for household purposes.

Normal strength domestic wastewater shall mean wastewater with a BOD of two hundred twenty (220) mg/l, suspended solids of three hundred (300) mg/l, phosphorus of ten (10) mg/l, ammonia-nitrogen of twenty (20) mg/l, a pH between 6.5 and 9.5, and not containing a concentration or quantity of other constituents which may interfere with the normal wastewater treatment process.

Pass-through shall mean a discharge which exits the wastewater treatment system into the receiving water in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes 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, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agent or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

pH shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter.

Pollutant means 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, commercial, and agricultural waste or any other contaminant.

Pretreatment shall mean reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties to a less harmful state prior to discharge into a public sewer. The reduction or alteration can be by physical, chemical, or biological processes, process changes, or by other means. Dilution is not considered pretreatment unless expressly authorized by an applicable national pretreatment standard for a particular industrial category.

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

Pretreatment standard or standard shall mean any local, state or federal regulation containing pollutant discharge prohibitions, limitations or requirements applicable to discharges to the city's wastewater system.

Public services director or director shall mean the head of the public services department or his duly authorized representative.

Public sewer shall mean a sewer provided by or subject to the jurisdiction of the city. It shall also include sewers within or outside the city boundaries that serve one (1) or more persons and ultimately discharge into the city's wastewater facilities, even though those sewers may not have been constructed with city funds.

Sanitary sewer shall mean a sewer that conveys sewage or industrial wastes or a combination of both and into which storm, surface and groundwaters are not intentionally admitted.

Severe property damage means substantial physical damage to property damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Sewage or wastewater shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.

Sewage works or wastewater system shall mean all facilities for collecting, pumping, treating and disposing of sewage.

Sewer shall mean a pipe or conduit that conveys wastewater or drainage water.

Significant industrial user.

(1)

Except as provided in paragraph (2) below, the term "significant industrial user" means:

a.

Any industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or

b.

Any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the treatment plant; or

c.

Is designated as such by the public services director on the basis that the industrial user has a reasonable potential for adversely affecting the operation of the wastewater system or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.(f)(6)).

(2)

Upon a finding that an industrial user meeting the criteria in subparagraph (1)b. above has no reasonable potential for adversely affecting the operation of the wastewater system or for violating any pretreatment standard or requirement, the public services director may at any time on his own initiative or in response to a request from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Significant noncompliance (SNC) means the noncompliance status of an industrial user with a violation or pattern of violations that meets one (1) or more of the following criteria:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including an instantaneous limit, as defined in section 34-102;

(2)

Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including an instantaneous limit, as defined in section 34-102, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or requirement as defined in section 34-102(daily maximum, long-term average, instantaneous limit, or narrative standard) that the public services director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health and safety of city 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 an emergency suspension of service to halt or prevent such a discharge;

(5)

Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order 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, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance;

(8)

Any other violation or group of violations, which may include a violation of best management practices, which the public services director determines will adversely affect the operation or implementation of the local pretreatment program.

Slug discharge shall mean any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge.

Standard methods shall mean the laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association or Methods given in 40 CFR 136 "Guidelines for Establishing Test Procedures for the Analysis of Pollutants."

Storm drain shall mean a drain, sewer or open ditch for conveying stormwater, groundwater, subsurface water, or unpolluted water discharged in accordance with a NPDES permit.

Suspended solids shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids.

Toxic or hazardous pollutant shall mean any pollutant or combination of pollutants listed in accordance with section 307(a) of the Federal Water Pollution Control Act or included in the critical materials register of the state water resources commission.

(Ord. No. 433, § 1(2.41), 6-3-85; Ord. No. 490, § 1, 4-20-92; Ord. No. 710, § 1, 5-4-09)

Cross reference

Definitions and rules of construction generally, § 1-2.