§ 32-2. Definitions.

The following words and terms as used in this chapter shall be deemed to mean and be construed as defined in the latest adopted plumbing code of the city and as follows, unless expressly defined in this chapter or unless the context specifically indicates otherwise:

Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

Authorized representative of industrial user shall mean:

(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;

(3)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter (mg/L) as established in the most recent edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, American Water Works Association and the Water Environment Federation (Standard Methods).

Building drain shall mean that part of the lowest piping of drainage system which receives the discharge from soil, waste or other drainage pipes inside the walls of the building and conveys it to the building sewer, ending two feet outside of the building wall.

Building sewer shall mean the extension from the building drain to the sanitary sewer collection system.

Chemical oxygen demand (COD) shall mean a measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater as established in the most recent edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, American Water Works Association and the Water Environment Federation (Standard Methods). It is expressed as the amount of oxygen consumed by a chemical oxidant expressed in mg/L.

Code of Federal Regulations (CFR) shall mean regulations as issued by the United States Government. References to sections of the CFR shall be in accordance with the latest revisions unless specifically stated otherwise.

Commercial shall mean pertaining to any business, trade, industry, or other activity engaged in for profit.

Composite sample shall mean a sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

Contaminated shall mean containing pollutants.

Cooling water shall mean:

(a)

Uncontaminated: Water used for cooling purposes only, which has no direct contact with any raw material, intermediate or final product and which does not contain a detectable level of contaminants higher than that of the intake water.

(b)

Contaminated: Water used for cooling purposes only which may become contaminated either thorough the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

Director shall mean the director of public works, or his designee.

Domestic waste shall mean waste from the noncommercial preparation, cooking and handling of food or toilet and sanitary waste from residential, institutional or commercial establishments. Domestic waste also includes non-process industrial wastewater that is solely of toilet origin. All other waste shall mean nondomestic.

Environmental Protection Agency (EPA) shall mean the U.S. Environmental Protection Agency.

Garbage shall mean solid waste from domestic, institutional and commercial preparation, cooking and dispensing of food or beverage, and from the handling, storage, and sale of produce.

Grab sample shall mean 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.

Groundwater shall mean any water residing below the surface of the ground or percolating into or out of the ground.

Hazardous substance shall mean any substance listed in Table 302.4 of 40 CFR Part 302.

Hazardous waste shall mean any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

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

Industrial user shall mean a user that discharges industrial waste into the POTW.

Industrial waste shall mean any waste produced as a by-product of any industrial, institutional or commercial process or operation, other than domestic wastewater.

Infiltration shall mean the water entering a sanitary sewer pipe, including service connections, from the ground. Defective pipes, pipe joints, connections or manhole walls are a few of the common locations where infiltration may occur.

Inflow shall mean the water discharged into a sanitary sewer collection system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, around manhole covers or through holes in covers, cross connections from storm and combined sewer systems, catch basins, storm waters, surface runoff, street wash waters or drainage.

Interference shall mean 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 (2) is a cause of a violation of any requirement of the POTW's National Pollutant Discharge Elimination System (NPDES) permit (including an increase in the magnitude or duration of a violation) or of the prevention of biosolids use or disposal in 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 regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, the Toxic and Substance Control Act and the Marine Protection, Research and Sanctuaries Act.

Kansas Department of Health and Environment (KDHE) shall mean the Kansas Department of Health and Environment.

Municipal separate storm sewer system (MS4) shall mean the system of conveyances, including roads, streets, curbs, gutters, ditches, inlets, drains, catchbasins, pipes, tunnels, culverts, channels, detention basins and ponds owned and operated by the city and designed or used for collecting or conveying stormwater, and not used for collecting or conveying sanitary sewage.

National Pollutant Discharge Elimination System (NPDES) shall mean the EPA's National Pollutant Discharge Elimination System.

National Pollutant Discharge Elimination System Permit shall mean a permit issued by EPA that authorizes the discharge of pollutants to Waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

North American Industry Classification (NAIC) shall mean a classification pursuant to the North American Industry Classification System, the system used by federal statistical agencies in classifying business establishments for the collection, analysis, and publication of statistical data. NAICS replaces the Standard Industrial Classification (SIC) system.

Pass through shall mean 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 violation of any requirement of the POTW's NPDES permit (including an increase in magnitude or duration of a violation).

Pesticide shall mean a substance or mixture of substances intended to prevent, destroy, repel, or migrate any pest.

Petroleum product shall mean a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft, including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel.

pH shall mean the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

Pollutant shall mean any substance or material which contaminates or adversely alters the physical, chemical or biological properties of the waters including changes in temperature, taste, odor, turbidity, or color of the water. Such substance or material may include but is not limited to, dredged spoil, spoil waste, incinerator residue, wastewater, pet and livestock waste, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, yard waste, hazardous household wastes, oil and petroleum products, used motor oil, anti-freeze, litter, pesticides, and industrial, municipal, and agricultural waste discharged into water.

Pretreatment or treatment shall mean 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 may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). Appropriate pretreatment technology includes, but is not limited to control equipment, such as equalization tanks or facilities, for protection against surge or slug discharge that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the wastewater discharge from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with Section 403.6 (e).

Pretreatment requirement shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on user.

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

Private drainage system shall mean all privately or publicly owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey stormwater, including but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catchbasins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface.

Properly shredded garbage shall mean the waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half (0.5) inch in any dimension.

Public improvement plans shall mean engineering drawings for the construction of subdivision development.

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

Publicly owned treatment works (POTW) shall mean treatment works that is owned and/or operated by the city. It includes any sewers that convey wastewater thereto from users located either within or outside the city, but not including pipes, sewers or other conveyances not connected to the facility providing treatment.

Sanitary sewer shall mean a sewer which carries wastewater and to which storm, surface and groundwaters are not intentionally admitted.

Sanitary sewer collection system shall include, but not be limited to, all facilities for collecting, pumping, treating and transfer of wastewater.

Sewage shall mean a combination of the water-carried waste from residences, institutions, commercial and industrial facilities, whether treated or untreated, together with such ground, surface, and stormwaters as may be present as a result of infiltration and inflow.

Sewer shall mean a pipe or conduit for carrying wastewater.

Significant industrial user (SIU) except as provided in paragraph (b)(4) of this definition, shall mean:

(a)

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

(b)

An industrial user that:

(1)

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); or

(2)

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

(3)

Is designated by the city 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; or

(4)

Upon finding that a user meeting the criteria in paragraph (b)(1)—(3) 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 or POTW, and in accordance with 40 CFR 403.8 (f) (6), determine that such user is not considered a significant industrial user.

Significant noncompliance shall mean noncompliance by an industrial user whose violation meets one or more of the following criteria:

(a)

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) the daily maximum limit or the average limit for the same pollutant parameter; or

(b)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC) TRC = 1.4 for BOD, TSS, fats, oils, and grease and 1.2 for all other pollutants except pH; or

(c)

Any other violation of a pretreatment wastewater discharge limit (daily maximum or longer-term average) that the city 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); or

(d)

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 under 40 CFR 403.8(f) to halt or prevent such a discharge; or

(e)

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

(f)

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring report, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; or

(g)

Failure to accurately report noncompliance; or

(h)

Any other violation or group of violations, which the city determines, will adversely affect the operation or implementation of the local pretreatment program.

Site shall mean the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

Slug shall mean any discharge of waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.

Slug discharge shall mean any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.

Small quantity generator waste means any hazardous waste generated by a small quantity generator as defined in K.A.R. 28-31-2.

Standard industrial classification (SIC) shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the president, office of management and budget, 1987.

Standard methods shall mean the most recent edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, American Water Works Association and the Water Environment Federation.

Stormwater shall mean runoff resulting from precipitation.

Suspended solids shall mean any solids that either float on the surface of, or are in suspension in water, wastewater, or other liquids, and which are removable by laboratory filtering as established in the most recent edition of "Standard Methods for the Examination of Water and Wastewater," as published by the American Public Health Association, American Water Works Association and the Water Environment Federation (Standard Methods). Suspended solids shall also mean total suspended solids (TSS).

Toxic pollutant shall mean any pollutant or combination of pollutants listed as toxic in regulations pursuant to 33 U.S.C. 1317, as amended.

User shall mean any person and/or connection to the sanitary sewer collection system that contributes, causes or allows the contribution of waste into the city's POTW.

Waste shall mean the liquid and water-carried domestic or nondomestic waste whether treated or untreated.

Wastewater shall mean any liquid-containing substance discharged directly or indirectly to the sanitary sewer collection from any source, either domestic or nondomestic waste.

Wastewater treatment plant shall mean any arrangement of devices and structures used for treating wastewater.

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

Waters of the United States shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the United States or any portion thereof.

(Ord. No. 6706, § 1, 7-1-08)