§ 114-104. 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" means amenable to alkaline chlorination.

Act means 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 is:

(1)

A principal executive officer 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. A person is a duly authorized representative only if the authorization is made in writing to the city by a person described above.

Baseline report means that report required by 40 CFR Section 403.12(b) (1-7).

Biochemical oxygen demand (BOD) means 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.

Building drain means that part of the lowest 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 or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall.

Building sewer means any extension from a building drain to a public sewer or other place of disposal.

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

City means the City of Peru, Illinois and its employees or authorized representatives.

Combined waste stream formula means the formula as found in 40 CFR Section 403.6(e).

Composite sample means a sample of wastewater based on a flow proportional or time proportional method.

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

Combined sewer means a sewer that is presently being used by the city to collect and transport both wastewater and unpolluted water from precipitation or groundwater.

Compatible pollutant means biochemical oxygen demand, chemical oxygen demand, FOG, suspended solids, pH and fecal coliform bacteria.

Consistent POTW treatment works removal, pollutant removal, or removal means reduction in the amount of a pollutant or alteration of the nature or concentration of a pollutant in the influent of the POTW to a less incompatible or concentrated 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 manhole means a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "control manhole" is to provide access for any city representative to sample and/or measure discharges.

Director means the director of IEPA.

Easement means an acquired legal right for the specific use of land owned by others.

Effluent criteria shall mean any standards, conditions, or terms as defined in any applicable "NPDES Permit".

Existing source means any building, structure, facility, or installation from which there is or may be a discharge, which is not a new source.

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

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

Federal act means the Federal Clean Water Act (33 U.S.C. 466, et seq.), as amended.

Floatable oil means any oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

Flow means volume of wastewater per unit of time.

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

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.

Incompatible pollutant means 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 means 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, as defined by the Clean Water Act.

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

(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 of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations 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 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.

Major contributing industry means significant industrial user.

(1)

Except as provided in subsection (2) below, the term significant industrial user means:

a.

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

b.

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); 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 is designated as such by the control authority as defined in 40 CFR 408.12(a) 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(f)(8)).

(2)

Upon finding that an industrial user meeting the criteria in subsection (1)b above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority (as defined in 40 CFR 403.12(a) 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.

Mayor means the mayor of the City of Peru.

National categorical pretreatment standard means 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.

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

National pollutant discharge elimination system permit (NPDES permit) means a permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to the act.

New source 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

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 the 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

(i)

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

(ii)

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 which are 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 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Permitted wastewater hauler vehicle means a vehicle used for hauling wastewater, which has been granted a permit under the requirements of city ordinance.

Person means any individual, firm, company, association, society, corporation or group.

pH means 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 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, or industrial, municipal, or agricultural waste discharged into water.

Population equivalent is a term used to evaluate the impact of industrial or other waste on a POTW or stream. One population equivalent is 100 gallons of sewage per day, containing .17 pounds of BOD and .20 pounds of suspended solids.

POTW treatment plant means that portion of the POTW designated to provide treatment to wastewater and sludges produced.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties and wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.

Pretreatment standards means for any specific pollutant, city prohibitive discharge standards as set forth in Section 300.105, city specific limitations on discharge as set forth in Section 300.110, the State of Illinois pretreatment standards or the National Categorical Pretreatment Standards, whichever standard is most stringent.

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

Properly shredded garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have 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 inch (1.27 centimeters) in any dimension.

Publicly owned treatment works (POTW) means a treatment works as defined by Section 212 of the act, owned by the city. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature that convey wastewater to the POTW treatment plant regardless of ownership, but does not include sewers, pipes, and other conveyances not connected to the city POTW treatment plant.

Regional administrator means the regional administrator for the USEPA for region V.

Sanitary sewer means a sewer which is designated to carry sanitary and industrial wastewater, and to which storm, surface and ground water are not intentionally admitted.

Sewerage means the collection of sewers and appurtenances for the collection, transportation and pumping of sewage.

Shall is mandatory. May is permissive.

Significant violator means a person who remains in significant noncompliance with conditions of this article. The term significant noncompliance shall mean:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(2)

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

(3)

Any other discharge violation that the city believes 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 other discharge of pollutants that has caused imminent endangerment to the public 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 of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide within 30 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(s) which the city determines will adversely affect the operation of implementation of the local pretreatment program.

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

Slug means any discharge of water or wastewater which in concentration of any given pollutant, as measured by a grab sample, exceeds more than five times the allowable concentrations as set forth in division 3 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.

Stormwater runoff means that portion of the precipitation that is drained into the sewers.

T as in Cyanide - "T" means total

Total metals means the sum of the concentration of the list of metals in section 114-188.

Total solids means the sum of suspended and dissolved solids.

Total suspended solids (TSS) means 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 means the summation of all quantified values greater than 0.01 milligrams per liter for the toxic organics as specified in the applicable regulation.

Unpolluted water means water of quality equal to or better than the effluent criteria set forth in 35 Ill. Adm. Code Part 304 or water that would not cause violation of receiving water quality standards set forth in 35 Ill. Adm. Code Parts 302 and 303 and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

Upset means an exceptional incident in which there is unintentional and temporary noncompliance with applicable 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 designated treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

User means any person, firm, partnership, or corporation, who contributes, causes or permits the contribution of wastewater into the city POTW.

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

(1)

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

(2)

Industrial wastewater means a combination of liquid and water carried waste, discharged from any industrial user including the wastewater from pretreatment facilities and polluted cooling water.

Wastewater discharge permit means the document or documents issued to a user by the city in accordance with the terms of this article.

Wastewater hauler means any person, partnership or corporation engaged in transporting sanitary wastewater as a commercial venture.

Water quality standards means any standards, conditions, or terms as defined in the water pollution regulations of the State of Illinois.

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

Waters of the State of Illinois means all streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifiers, 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.

(Code 1996, § 50.030; Ord. No. 3253, § 200.110, 8-7-1995; Ord. No. 4003, § 200.110, 11-3-2003)

Cross reference

Definitions generally, § 1-2.