§ 98-26. 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:

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

Approval authority means:

(1)

The administrator of the EPA, as long as the state lacks an approved state pretreatment program; or

(2)

The executive director of the state department of water resources, if the state becomes an NPDES state with an approved state pretreatment program.

Authorized representative means:

(1)

A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

(2)

A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; or

(3)

A duly-authorized representative of the individual designated in subsection (1) or (2) of this definition, if such representative is responsible for the overall operation of the facilities from which the discharge originates.

BOD means the quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory conditions of five days at a temperature of 20 degrees Celsius. The laboratory determinations shall be made in accordance with 40 CFR 136.

Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes of the building and conveys it to the building sewer, beginning three feet outside the inner face of the building wall.

Building sewer means the extension from the building drain to the sanitary sewer or other place of disposal.

Categorical industrial user means an industrial user subject to a categorical pretreatment standard or categorical standard.

COD means the measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater, expressed in milligrams per liter as the amount of oxygen consumed from a chemical oxidant in a specific test. The laboratory determinations shall be made in accordance with 40 CFR 136.

Composite sampling means a sample made up of grab samples collected at equal intervals and then combined proportional to flow, a sample continuously collected proportionately to flow or equal volumes taken at varying time intervals. Composite samples should be used when collected in a 24-hour period or the period the daily discharge is less than 24 hours.

Control authority means the City of Palestine.

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.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

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

Director means the director of the industrial wastewater control for the city or any person acting in that capacity or his duly authorized deputy, agent or representative.

Discharge permit means a permit as described in section 98-41.

Domestic sewage means water-carried wastes normally discharging into the sanitary sewers of dwellings, including apartment houses and hotels, office buildings, factories and institutions that are free from stormwater, surface water and industrial wastes.

Environmental protection agency means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

Garbage means solid wastes and residue from the preparation, cooking and dispensing of food and from the handling, storage and sale of food products and produce.

Grab sample means a sample that 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.

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

Indirect discharge or discharge means the introduction of pollutants into a POTW from any nondomestic source regulated pursuant to subsection 307(b), (c) or (d) of the Act.

Industrial user means a source of indirect discharge.

Industrial waste means all water-carried solids, liquids and gaseous wastes resulting from any industrial, manufacturing or food processing operation or process or from the development of any natural resource or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.

Interceptor means a device designed and installed to separate and retain deleterious, hazardous or undesirable matter from normal waste and to permit normal sewage or liquid wastes to discharge into the disposal system.

Interference means a discharge which, alone or in conjunction with a discharge or discharge from other sources, both (i) inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and (ii) therefore, is a cause of a violation of any requirement of the POTW'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 the following statutes and requirements or permits issued thereunder or more stringent state or local regulations: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state requirements 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.

Milligrams per liter (mg/l or ppm) means a weight-to-volume ratio. The milligrams-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.

National Categorical Pretreatment Standard or pretreatment standard means any rule containing pollutant discharge limits promulgated by the EPA in accordance with subsections 307(b) and (c) of the Act (33 USC 1317) that applies to a specific category of industrial user.

New source means 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 subsection 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with the subsection.

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 from other sources, is a cause of violation of any requirements of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.

pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in grams per liter. It shall be determined in accordance with 40 CFR 136.

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 and agricultural waste discharged into water.

Pollution means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW treatment plant means that portion of the POTW designed to provide treatment to wastewater.

Pretreatment or treatment means 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 or process changes or by other means, except as prohibited by 40 CFR section 403.6.

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

Public sewer means a sewer controlled by the city.

Publicly-owned treatment works (POTW) means a city treatment works as defined by section 212 of the Act (33 USC 1292), including 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 article, POTW also includes any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

Sanitary sewer means a sewer that conveys wastewater and into which stormwaters, surface waters and groundwaters or unpolluted industrial wastes are not intentionally passed.

Septage means a liquid, semisolid or solid domestic waste pumped out of septic tanks.

Sewer service charge means the charge made on all users of the public sewer whose wastes do not exceed in strength the concentration values established in this article.

Shall is mandatory; may is permissive.

Significant industrial users means:

(1)

All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and

(2)

All noncategorical dischargers that, in the opinion of the control authority, have a reasonable potential to adversely affect the POTW's operation or that contribute a process wastestream which makes up five percent or more of the average dry-weather capacity of the POTW treatment plant or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW. However, the control authority need not designate as significant any noncategorical industrial user that, in the opinion of the control authority and with the agreement of the approval authority, has no potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. The agreement of the approval authority is not necessary if the noncategorical discharger would have been designated as significant only because of an average discharge of 25,000 gallons per day or more of process wastewater. Any noncategorical industrial user designated as significant may petition the control authority to be deleted from the list of significant industrial users on the grounds that it has no potential for adversely affecting the POTW's operation or violating any pretreatment standard or requirement.

Significant noncompliance means, for a significant industrial user meeting one or more of the following criteria, or any industrial user which meets the criteria in (3), (4), or (8):

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 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 instantaneous limits, as defined by 40 CFR 403.3(l);

(2)

Technical review criteria (TRC) violations, defined here as those in which 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 instantaneous limits, as defined by 40 CFR 403.3(l) 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 by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health 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 the city's exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

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.

Slug means any discharge of water, sewage or industrial waste other than toxic materials which in concentration of any given constituent or in quantity or flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

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.

Standard methods means the examination and analytical procedures set forth in the latest edition at the time of analysis of Standard Methods for the Examination of Water and Sewage as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

Storm sewer means a sewer which carries stormwaters and surface waters and drainage, but excludes domestic sewage and industrial wastes.

Stormwater runoff means that portion of the rainfall that is drained into the storm sewers or conveyed by surface flow to manmade or natural drainage courses.

Surcharge means the charge in addition to the sewage service charge which is made on those persons whose wastes are greater in strength than the concentration values established as representative of normal charges or are greater in flow.

Suspended solids means solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with 40 CFR 136.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in rules promulgated by the administrator of the environmental protection agency under CWA 307.

User means any person who contributes, causes or permits the contribution of wastewater into the city's POTW.

Wastewater means a combination of the water-carried waste from residences, business establishments, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.

(Ord. No. O-15-11, § I, 4-11-2011)