For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"Act" or "the Act"means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC Section 1251 et seq.
"Applicable pretreatment standard"means any pretreatment limit or prohibitive standard (federal, state and/or local) contained in this title and considered to be the most restrictive with which non-domestic users will be required to comply.
"Approval authority"means the state Director in an NPDES state with an approved state pretreatment program or the regional Administrator of the EPA in a non-NPDES state or an NPDES state without an approved state pretreatment program.
"Authorized representative of industrial user"means:
(1) If the industrial user is a corporation:
(a) The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
If the industrial user is a partnership or sole proprietorship, respectively: a general partner or proprietor, respectively.
If the industrial user is a federal, state or local government facility: a city or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.
The individuals described in subsections
(1) through
(3) of this definition may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a 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 the written authorization is submitted to the city.
"Average monthly discharge limitation"means 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.
"Average value"("AV") means the average square feet of impervious area as determined for a residential user. This number is 4,139 square feet.
"Beneficial uses"includes, but is 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, both tangible and intangible, as specified by state or federal law.
"Best management practice"("BMP") means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in AMC §
13.10.160. BMPs are pretreatment standards. BMPs may 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.
("CBOD") means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees Celsius, expressed in terms of mass per volume concentration (milligrams per liter) with procedures approved in 40 CFR Part 136, as amended.
"Categorical industrial user"means all industrial users subject to categorical pretreatment standards under 40 CFR Section 403.6 and 40 CFR Chapter I, Subchapter N.
"Categorical pretreatment standard or categorical standard"means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
"Chemical oxygen demand"("COD") means the 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.
"City"means the city of Angola, Indiana.
"Composite sample"means a representative flow-proportioned sample generally collected within a 24-hour period and combined according to flow. Time-proportional sampling may be approved or used by the city where time-proportional samples are believed representative of the discharge.
"Control manhole"is a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
"Control point"is the point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
Cooling Water.(1) "Contact"means water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product.
(2) "Noncontact"means water used for cooling purposes which does not come in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.
"Daily maximum discharge limit"is the maximum allowable discharge of pollutant(s) during a calendar day that applies to specific industrial users. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in units of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
"Domestic sanitary waste"is wastewater from normal residential activities including, but not limited to, wastewater from kitchen, bath, and laundry facilities; or wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, noncommercial sinks and similar structures) of commercial, industrial or institutional buildings; provided, that the wastewater exhibits characteristics that are similar to those of wastewater from normal residential activities.
"Easement"means an acquired legal right for the specific use of land owned by others.
"Effluent"means the water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
"Environmental Protection Agency"("EPA") means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other authorized official of the agency.
"Existing source"is any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Clean Water Act.
"Fats, oil and grease" ("FOG")>is nonpetroleum organic polar compounds derived from animal or plant sources such as fats, nonhydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in 40 CFR Part 136.
"Garbage"means any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of food products or produce.
"Grab sample"means 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, for a period not to exceed 15 minutes.
"Ground garbage"means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in public sewers, with no particle being greater than one-half inch in dimension.
"Impervious surface area"("ISA") means the number of square feet of hard-surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions, including, but not limited to, roofs, roof extensions, patios, porches, driveways, parking lots, sidewalks, pavement, stone and gravel.
"Industrial waste or nondomestic waste"means any waste resulting from any process of industry, manufacturing, trade or business, from the development of any natural resource, or from any mixture of such waste with water or normal domestic wastewater, or distinct from normal domestic wastewater.
"Influent"means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
"Instantaneous limit"means the maximum or minimum concentration or measurement of a pollutant property allowed to be discharged at any time. For pollutants, compliance is typically determined by use of a grab sample.
"Interference"means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) 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 (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
"Local limits"means specific discharge limits and BMPs developed, applied, and enforced upon industrial users to implement the general and specific prohibitions listed in AMC §
13.10.160. Local limits are pretreatment standards.
means:
(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 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:
(a) The building, structure, facility or installation is constructed at a site at which no other source is located; or
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
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.
Construction on a site at 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.
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 on-site construction program:
(i) Any placement, assembly, or installation of facilities or equipment; or
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
Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which 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.
"Outlet"means any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body of surface or groundwater.
"Pass through"means a discharge which exits the POTW 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 city's NPDES permit (including an increase in the magnitude or duration of a violation).
"Person"means any and all persons, natural or artificial, including any individual, partnership, stock company, trust, estate, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity or their legal representatives, agents or assigns.
"pH"means the intensity of acid or base condition of a solution expressed as the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in moles per liter of solution and reported as standard units (SU).
"Pollutant"means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical wastes, chemical wastes, corrosive substance, industrial wastes, biological materials, toxic substance, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, agricultural, untreatable waste, municipal wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, CBOD, COD, toxicity, odor) discharged into or with water.
"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 such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means, except as prohibited by 40 CFR Part 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loading that might interfere with or otherwise be incompatible with the POTW. Where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR Section 403.6(e).
"Pretreatment requirements"means any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.
"Pretreatment standards, national pretreatment standards or standards"means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. The term includes prohibitive discharge limits established pursuant to AMC §
13.10.160 and includes specific prohibitions, local limits, and best management practices that are or may be established by the city. In cases of differing standards or regulations, the more stringent shall apply.
("POTW") means a treatment works as defined by Section 212 of the Act (33 USC Section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature and any sewers, pipes or other conveyances which convey wastewater to the treatment plant. The term also means the municipality having jurisdiction over the indirect discharges to and the discharges from the treatment works.
"Receiving stream"means the watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.
"Residential property unit"means a dwelling unit being a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
"Sanitary sewage"means sewage discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions and free from stormwater, surface water and industrial wastes.
"Service charge"means the basic assessment (based on water usage and strength) levied on all users of the public sewerage system for wastes which do not exceed in strength the concentration values above which a strength-of-wastes surcharge will be made.
"Sewage"means the water-carried wastes from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and stormwater as may be present.
"Sewage works"means all facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and wastewater treatment plant.
"Sewer"means a pipe or conduit for carrying sewage or other waste liquids.
(1) "Combined sewer"means a sewer which carries both storm, surface and groundwater runoff and sewage.
(2) "Public sewer"means a sewer in which all owners of abutting property have equal rights, and which is controlled by public authority.
(3) "Sanitary sewer"means a sewer which carries sewage and to which storm, surface and groundwaters and unpolluted industrial wastewaters are not intentionally admitted.
(4) "Storm sewer"means a sewer which carries storm, surface and groundwater drainage but excludes sewage.
"Sewer lateral"is the pipe or conduit that discharges wastewater from an individual building into a sewer main. The sewer lateral is composed of two portions:
(1) "Upper lateral"is the portion of the sewer lateral that starts at the building and extends to the edge of the right-of-way (ROW). See Figure 1.
(2) "Lower lateral"is the portion of the sewer lateral that starts at the edge of the right-of-way (ROW) and extends to the sewer main. The lower lateral includes the "y" or "t" connection to the sewer main. See Figure 1.
"Sewer main"is the pipe located wholly within the public street, public right-of-way or dedicated easement which attaches to and collects wastewater being discharged from one or more sewer laterals. See Figure 1.
"Sewerage system"means the network of sewers and appurtenances used for collecting, transporting and pumping sewage to the wastewater treatment plant.
"Significant industrial user"("SIU") means any industrial user which:
(1) Is subject to categorical pretreatment standards; or
Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blow-down wastewater) to the POTW; or
Contributes a process waste stream that makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
Is designated as a significant industrial user by the city on the basis that the industrial user has a reasonable potential to:
(a) Adversely affect the POTW's operation; or
For violating any pretreatment standard or pretreatment requirement.
"Significant noncompliance"means a significant industrial user that meets any of the following criteria or any industrial user that meets subsection
(3),
(4), or
(8) of this definition shall be in significant noncompliance:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for CBOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the public).
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
Failure to meet, within 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.
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
"Sludge"means any solid, semisolid 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 33 USC Sections 1342 and 1345 and in the applicable requirements under 42 USC Sections 6921, 6924 and 6944 of the Solid Waste Disposal Act (SWDA), being 42 USC Section 6901 et seq.
"Slug discharge" or "slug load"is a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate this chapter, including a discharge which exceeds the hydraulic or design capacity of an industrial user's treatment system or any part of the treatment unit.
"Standard industrial classification"("SIC") means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.
"Standard methods"means the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
"Superintendent"means the Superintendent of the wastewater utility of the city, or their duly authorized representative, who is responsible for the day-to-day implementation and enforcement of this chapter.
"Surcharge"means a charge for sewerage services in addition to the basic service charge.
(1) "Strength-of-wastes surcharge"means the extra charges for sewerage service assessed customers whose sewage is of such a nature that it imposes upon the sewage works a burden greater than that covered by the basic service charge.
(2) "Waste surveillance charge"means a monthly charge collected from users qualifying as industrial-class users to defray the cost of evaluating customer's waste by metering and laboratory devices and/or any other methods deemed necessary. The charges are set forth in AMC §
13.10.420 and are subject to review annually as provided in AMC §
13.10.410.
"Total suspended solids"means 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 with procedures approved in 40 CFR Part 136, as amended.
"Toxic pollutant"means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of Section 307(a) of the Act (33 USC Section 1317(a)) or as otherwise listed at 40 CFR Part 122, Appendix D.
"Upset"means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with categorical pretreatment standards due to factors beyond the reasonable control of the industrial user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation of the facilities pursuant to 40 CFR Section 403.15.
"User"means any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
"Wastewater constituents and characteristics"means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and other parameters, that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
"Wastewater treatment plant"means the arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.
"Watercourse"means a channel in which a flow of water occurs either continuously or intermittently.
(Ord. 1598-2018; Ord. 1337-2010; Ord. 1182-2004; Ord. 1169-2004; Ord. 789, 1990; Ord. 662, 1984; Code 2000 § 51.002; Code 1981 § 13.20.020)
