§ 62-20. 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 Clean Water Act (33 USC 1251 et seq.), as amended.

Ammonia nitrogen means the concentration, expressed in milligrams per liter (mg/l) of nitrogen which is the form of ammonia. Determination of ammonia nitrogen shall conform to approved methodology as prescribed in 40 CFR 136.

Approval authority means the Regional Administrator of the US EPA, Region 5.

Authority means the utility board, as designated by ordinance and/or its authorized deputy, agent, or representative.

Authorized representative of industrial user 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 such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates; and the authorization is in writing and with the written authorization is submitted to the POTW.

BOD (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in mg/l.

Building commissioner means the building commissioner of the city, or authorized deputy, agent, or representative.

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 inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.

Building drain, sanitary, means a building drain which conveys sanitary or industrial sewage only.

Building drain, storm, means a building drain which conveys stormwater or other clean water drainage, but no wastewater.

Building or house lateral sewer means the extension from the building drain to the sewage system or other place of disposal; also called a house connection.

Building sewer, sanitary, means a building sewer which conveys sanitary or industrial sewage only.

Building sewer, storm, means a building sewer which conveys stormwater or other clean water drainage, but no wastewater.

Bypass means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

CBOD (carbonaceous biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of carbonaceous organic matter under standard laboratory procedures in five days at 20 degrees Celsius, expressed in mg/l.

City engineer means the director of the department of engineering of the city or his authorized deputy, agent or representative.

CFR means the Code of Federal Regulations.

COD means chemical oxygen demand.

Categorical Industrial User means an Industrial User subject to a categorical Pretreatment or categorical Standard.

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

Composite (proportional) sample means a collection and combination of individual samples obtained at regular intervals, usually every one or two hours during a 24-hour time span. Individual subsamples may be of equal volume or may be proportional to the flow at the time of sampling as required. The resulting mixture (composite sample) forms a representative sample and is analyzed to determine the average conditions during the sampling period.

Control authority means the City of Mishawaka, Indiana.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar year. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of a 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.

Discharger, industrial/commercial, means any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto regulated under the Act, state law or local ordinance.

EPA means the United States Environmental Protection Agency.

Existing source means any source of discharge, the construction or operation of which commenced prior to the publication by the EPA 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 Act.

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

gpd means gallons per day.

Grab sample means a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

Groundwater remediation discharge means wastewaters discharged to the POTW authority's wastewater collection and treatment system for the purpose of groundwater contamination remediation.

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

Industrial waste means solid, liquid or gaseous waste resulting from any industrial, commercial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.

Infiltration means the quantity of groundwater that leaks into a pipe through joints, porous walls, or breaks.

Inflow means water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, and combined sewers, catchbasins, stormwaters, surface runoff, street washwaters or drainage. The term "inflow" does not include, and is distinguishable from infiltration.

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 means a discharge which alone or in conjunction with a discharge or discharges 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 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 statutory provisions and regulations or provisions and regulations or permits issued there under (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 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 Marine Protection, Research and Sanctuaries Act.

l means liter.

Local limit means specific discharge limits developed and enforced by the City of Mishawaka, Indiana upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

mg means milligram.

mg/l means milligrams per liter.

Monthly average means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Monthly average limit 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.

National categorical pretreatment standard or categorical 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 applies to a specific category of industrial users.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NPDES means the National Pollutant Discharge Elimination System Permit Program as administered by the United States Environmental Protection Agency or the state pursuant to Section 402 of the Federal Water Pollution Control Act (33 USC 1342).

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 Section 307(c) (33 USC 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that the construction is a site at which no other source is located; or the process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or the production or wastewater generating processes are substantially independent of an existing source at the same site.

O & M means operation and maintenance.

Other wastes means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances excepting sewage and industrial wastes.

Pass through means the discharge of pollutants through 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 or significantly contribute to a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). Refer to 40 CFR 403.3(n).

pH means the negative logarithm (base 10) of the hydrogen ion concentration expressed in moles per liter.

Phosphorus or P means the concentration, expressed in milligrams per liter (mg/l) of total phosphorus derived through acid hydrolysis of the wastewater sample. Determination shall be conducted using the methodology prescribed in 40 CFR 136.

Pollutant means any substance discharged into a POTW or its collection system, listed in this article, or any substance which, upon exposure to or assimilation into any organism, will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act. This may include any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, 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 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. This can be accomplished by physical, chemical, or biological processes, process changes or other means except as prohibited by 40 CFR 403.6(d).

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

Pretreatment standard or standard means any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibited discharge limits including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.

Private sewage disposal system means any sewage disposal system not connected to a public sanitary or combined sewer and constructed for the purpose of treating residential, commercial and/or industrial wastes.

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

Public sewer means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Publicly-owned treatment works or (POTW) means a treatment works as defined by Section 212 of the Act including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from such treatment works.

Receiving stream means the watercourse, stream or body of water receiving the waters finally discharged from the wastewater POTW or authority sewers.

Sanitary sewer means a sewer which carries sewage, liquid and water-borne wastes to which stormwater, surface water, and groundwater are not intentionally admitted.

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

Severe property damage means substantial physical 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 means the combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The three most common types of sewage are:

Combined sewage means wastes including sanitary sewage, industrial sewage, stormwater, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.

Industrial sewage means a combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).

Sanitary sewage means the combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.

Sewer means a pipe or conduit used to collect and transport sewage.

SIC means Standard Industrial Classification.

Significant industrial user or SIU.

(1)

Except as provided in subsection (2) of this definition, the term significant industrial user means all industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater); contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(I)(6).

(2)

Upon a finding that an industrial user meeting the criteria in subsection (1) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Significant noncompliance or SNC.

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as described by 40 CFR 403.3(1) the daily maximum limit or the average limit for the same pollutant parameter;

(2)

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 limit 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 or violations of a pretreatment standard or requirement or applicable BMP limit (daily maximum or longer term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW 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 POTW's exercise of its emergency authority to halt or prevent such a discharge;

(5)

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;

(6)

Failure to provide, within 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 the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

Slugload means any substance released suddenly in a discharge at a rate and/or concentration which causes interference to a POTW or any discharge of a nonroutine, episodic nature including, but not limited to, an accidental spill or noncustomary batch discharge.

Storm sewer means a sewer, not discharging to a sanitary sewer, for conveying water, groundwater or unpolluted water from any source and to which sanitary and/or industrial wastes are not admitted.

Superintendent means the superintendent of the city wastewater POTW (manager of the wastewater department of the city utilities) or his authorized deputy, agent, or representative.

Total suspended solids (TSS) means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, expressed in mg/l; and which are removed by a defined filter medium as prescribed in 40 CFR 136 and referred to as nonfilterable residue.

Toxic pollutants means those substances listed in subsection 62-147(10), or any pollutant or combination of pollutants identified as toxic pursuant to Section 307(a) of the Federal Water Pollution Control Act or other federal statutes or in regulations promulgated by the state under state law.

Unpolluted water means water of quality equal to or better than the wastewater POTW effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities.

Upset means an exceptional incident in which a discharger is in an unintentional and temporary state of noncompliance with the standards set forth in this article due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

USC means the United States Code.

USEPA means the United States Environmental Protection Agency.

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

Wastewater means the liquid and water-carried domestic or industrial wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, or any other waste including that which may be combined with any groundwater, surface water, or stormwater that may be discharged to the POTW.

Wastewater treatment plant means any arrangement of devices and structures used for treating sewage.

Wastewater treatment system means all facilities for collecting, pumping, treating and disposing of wastewater.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.

Waters of the state means:

(1)

Both surface and underground waters within the boundaries of this state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within this state, other than those designed and used to collect, convey, or dispose of sanitary sewage;

(2)

The floodplain free-flowing waters determined by the department of natural resources on the basis of 100-year flood frequency; and

(3)

Any other waters specified by state law.

(Ord. No. 5265, § 2, 8-2-2010)