§ 22-123. 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:]

A as in "Cyanide-A" shall mean amendable to alkaline chlorination.

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.

Administrator shall mean the Regional Administrator of Region V of the U.S. Environmental Protection Agency or director in a NPDES state with an approved state pretreatment program.

Applicable pretreatment standards shall mean, for any specified pollutant, district prohibitive discharge standards, district's specific limitations on discharge, the State of Illinois pretreatment standards or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.

Approval authority shall mean the administrator.

Authority shall mean the City of Effingham.

Authorized representative of industrial user shall mean:

(1)

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

(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 into the POTW originates; (b) the authorization is in writing; and (c) the written authorization is submitted to the POTW.

Baseline report shall mean that report required by 40 CFR section 403.12 (1-7).

Biochemical oxygen demand (BOD) shall mean the quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedures as described in Standard Methods.

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

Chemical oxygen demand (COD) shall mean the quantity of oxygen consumed from a chemical oxidant (standard potassium dichromate solution) under standard laboratory procedures as described in Standard Methods.

Chief operator or operator shall mean the Chief Operator of the City of Effingham certified by the State of Illinois and responsible for POTW compliance with state and federal regulations.

City shall mean the City of Effingham.

City council or council shall mean the City Council of the City of Effingham.

Combined sewer shall mean a sewer that is designed and intended to receive wastewater, storm, service and groundwater drainage.

Combined waste stream formula shall mean the formula as found in 40 CFR section 403.6(e)(1)(i).

Compatible pollutant shall mean biochemical oxygen demand, chemical oxygen demand, FOG, suspended solids, pH, and fecal coliform bacteria; plus any additional pollutants identified in the city POTW NPDES permit, where the POTW treats such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit.

Composite sample shall mean a sample of wastewater based on a time proportional method.

Consistent POTW treatment works removal, pollutant removal or removal shall mean reduction in the amount of a pollutant or alteration of the nature of a pollutant in the influent of the POTW to a less incompatible or harmless state in the effluent. Consistent city removal efficiency shall be the difference between the average concentration of the pollutant in the influent of the treatment plant and the average concentration of the pollutant in the effluent of the treatment plant divided by the average concentration of the pollutant in the influent.

Control authority shall mean USEPA until IEPA has an approved pretreatment program, at which time IEPA shall be the control authority, provided that the city will be the control authority when the submission of its pretreatment program under 40 CFR 403.11 has been approved as provided in said section.

Cooling water shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Director of public works shall mean the Chief Engineer of the City of Effingham registered as a Professional Engineer by the State of Illinois.

Discharge shall mean the discharge of treated or untreated wastewater to the city POTW.

Existing source shall mean 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 Act.

Fats, oil, or grease (FOG) shall mean any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other material that is extracted by freon solvent.

Fecal coliform shall mean any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.

Flow shall mean volume of wastewater.

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

General Pretreatment Regulations shall mean General Pretreatment Regulations for Existing and New Sources, 40 CFR Part 403, as amended.

Grab sample shall mean 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.

Incompatible pollutant shall mean all pollutants other than compatible pollutants as defined in this section.

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

Industrial user or user shall mean a source of indirect discharge, including but not limited to, a manufacturing or process facility, or other facility engaged in the purchase or sale of goods, transaction of business or who otherwise renders services to the public.

Interference shall mean any discharge which alone or in conjunction with a discharge or discharges from other sources, both:

(1)

Inhibits or disrupts the POTW and any of its process or operations, or its sludge use or disposal; and

(2)

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 to the prevention of sewage sludge use or disposal by the POTW in compliance with the following statutory provisions and regulations or permits issued hereunder (or more stringent state or local regulations): Section 405 of the Clean Air 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, and the Toxic Substance Control Act, and the Marine Protection, Research and Sanctuaries Act.

Mayor shall mean the Chief Administrator for the City Effingham.

National Categorical Pretreatment Standard or categorical pretreatment standard shall mean any pretreatment standard specifying quantities or concentrations of pollutants which may be discharged to a POTW by industrial users in specific industrial subcategories as established in regulations promulgated by the USEPA in 40 CFR Chapter I, Subchapter N.

National Pollutant Discharge Elimination System permit (NPDES permit) shall mean a permit issued under the National Pollutant Discharge Elimination System for Discharge to Wastewaters to the Navigable Water of the United States pursuant to the Act.

National Pretreatment Standard, pretreatment standard, or standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Section 403.5.

New source shall mean:

(1)

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which the construction 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

b.

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c.

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.

(2)

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 criteria of subsection (1)b. or c. above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

a.

Begun, or caused to begin as part of a continuous onsite construction program:

1.

Any placement, assembly, or installation of facilities or equipment; or

2.

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

b.

Entered into a binding contractual obligation for the purchase of facilities or equipment that 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 paragraph.

Pass through shall mean a discharge which exits the POTW into water of the state 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Person shall mean any individual, partnership, firm, company, association, corporation, society, group, 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 intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration.

Pollutant shall mean 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.

POTW treatment plant shall mean that portion of the POTW designed to provide treatment to wastewater and sludge produced.

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 less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW.

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

Prohibitive discharge standard shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

Publicly owned treatment works (POTW) shall mean a treatment works as defined by Section 212 of the Act, owned by the city. This definition includes any interceptor sewers that convey wastewater to the POTW treatment plant regardless of ownership, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this article, POTW shall also include 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 POTW.

Qualified professional shall mean an individual with working knowledge of facility processes and wastewater discharge.

Sanitary sewer shall mean a sewer which carries sanitary and industrial wastewater, and which storm, surface and ground water are not intentionally admitted.

Severe property damage shall mean 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.

Shall is mandatory. May is permissive.

Significant industrial user [shall mean]:

(1)

Except as provided in subsection (2) of this section [definition], the term significant industrial user shall mean: (i) All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and (ii) Any other industrial user that: discharges an average of ten thousand (10,000) gallons per day or more of process wastewater to the POTW (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 POTW treatment plant; or (iii) 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.(f)(6)).

(2)

Upon a finding that an industrial user meeting the criteria in subsection (1) of this section [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, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.

Significant noncompliance (SNC) shall mean:

(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 requirement, including instantaneous limits.

(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 instantaneous limits, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, 1.2 for all other pollutants except pH).

(3)

Any other violation of a pretreatment standard or requirement (daily maximum or longer-term average) 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 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 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, ninety-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 that the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

Sludge shall mean the settleable solids separated from the liquids during the wastewater treatment processes.

Slug shall mean any discharge of water or wastewater which in concentration of any given pollutant, as measured by a grab sample, exceeds more than five (5) times the allowable concentrations as given in section 22-136 of this article, or any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

State shall mean the State of Illinois.

Superintendent shall mean the person designated by the City of Effingham to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article or his duly authorized representative. For the purpose of this article this person shall be the public works operations manager.

T as in "Cyanide-T" shall mean total.

Total metals shall mean the sum of the concentration of copper, nickel, total chromium and zinc.

Total solids shall mean the sum of suspended and dissolved solids.

Total suspended solids (TSS) shall mean total suspended matter, expressed in milligrams per liter, that either floats on the surface of, or is in suspension in water, wastewater or other liquids and is removable by laboratory filtration using a Reeve Angel type 934A or 984H glass fiber filter disc as prescribed in Standard Methods.

Total toxic organics (TTO) shall mean the summation of all quantified values greater than 0.01 milligrams per liter for the toxic organics as specified in the applicable regulation.

United States Environmental Protection Agency or USEPA shall include the administrator or other duly authorized official of said agency, as appropriate.

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

Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with applicable categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

User shall mean any person who contributes causes or permits the contribution of wastewater into the city POTW.

Wastewater shall mean the combination of the liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions including polluted cooling water.

(1)

Sanitary wastewater shall mean the combination of liquid and water carried wastes discharged from toilet and other sanitary plumbing facilities.

(2)

Industrial wastewater shall mean a combination of liquid and water carried waste, discharged from any industrial establishment and resulting from any trade or process carried on in that establishment including the wastewater from pretreatment facilities and polluted cooling water.

(3)

Combined wastewater shall mean wastewater including sanitary wastewater, industrial wastewater, storm water, infiltration and inflow carried to the POTW treatment facilities by a sewer.

Wastewater discharge permit shall mean the document or documents allowing discharge to the POTW issued to a user by the city in accordance with the terms of Ordinance 4-2011.

Waters of the State of Illinois shall mean all streams, lakes, ponds, marshes, water courses, 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 State of Illinois or any portion thereof.

(Ord. No. 5-2011, Art. III, 1-18-2011)