Kingdom City Definitions and Abbreviations ordinance (§ 700.540)

For the purposes of this Chapter, and unless the context specifically indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them by this Section: ACT or THE ACT The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.

APPROVAL AUTHORITY: The Director in an NPDES State with an approved State Pretreatment Program and the appropriate regional administrator of the EPA in a non-NPDES State or NPDES State without an approved State Pretreatment Program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: An authorized representative of an industrial user may be:

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.

AVAILABILITY OF SEWERS: An owner or occupant of property shall have sewers available whenever the property or premises is located in a sewer district established by the ordinances of the Village, or whenever public sewers are available to the property or premises and the Village has notified the owner or occupant of the property to connect his/her premises to same.

BEST MANAGEMENT PRACTICES (BMPS): Management and operational procedures that are intended to prevent pollutants from entering a facility's wastestream or reaching a discharge point. BMPs include but are not limited to schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general prohibitions listed in Sections Article III [40 CFR 403.5(a)(1) and (b)]. BIOCHEMICAL OXYGEN DEMAND (BOD.) The quantity of dissolved oxygen required for biochemical oxidation of organic matter under standard laboratory procedure, in a period of five (5) days at a temperature of twenty degrees centigrade (20° C.), expressed in milligrams per liter (Mg/L) by weight and concentration. Such BOD shall be determined as described under the heading "Biochemical Oxygen Demand" in the Standard Methods for the Examination of Water and Wastewater as published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

BUILDING SEWER: A sewer conveying wastewater from the premises of a user to the POTW, or other place of disposal. CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1327) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

CATEGORICAL STANDARDS: National Categorical Pretreatment Standards or Pretreatment Standard.

COMBINED SEWER: A sewer receiving both surface runoff and wastewater.

COMMERCIAL OR INDUSTRIAL ESTABLISHMENT: Any building, structure or property used or occupied for any purpose other than human residential occupancy, except such building, structure or property used or occupied for any purpose defined by this Section as a "governmental establishment."

COMPATIBLE POLLUTANT: Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus additional pollutants identified in the publicly-owned treatment works NPDES permit, where the publicly- owned treatment work is designed to treat such pollutants and in fact, does treat such pollutants to the degree required by the POTW's NPDES permit.

CONTROL AUTHORITY: The term "control authority" shall refer to the "approval authority" defined hereinabove; or the Director of Public Works if the Village has an approved pretreatment program under the provisions of 40 CFR 403.11.

COOLING WATER: The water discharge from any use such as air conditioning cooling or refrigeration; or to which the only pollutant added is heat.

DIRECT DISCHARGE: The discharge of treated or untreated wastewater directly to the waters of the State of Missouri.

DOMESTIC WASTE: Any combination of waters from water closets, urinals, lavatories, sinks, bath tubs, showers, household laundries, household garbage grinders, bars, soda fountains, cuspidors, refrigerator, dryers, drinking fountains and all other liquid and water carried wastes except industrial wastes and cooling water.

DRAINAGE CHANNEL: Any natural or artificially constructed open channel, ditch, swale, or flume, whether lined or unlined for the drainage of storm, surface or ground water. ENVIRONMENTAL PROTECTION AGENCY or EPA

The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of said agency.

FUNDAMENTALLY DIFFERENT FACTORS: Factors relating to a user which are different from those factors considered during development of a categorical pretreatment standard as defined in 40 CFR 403.13.

GARBAGE: Solid wastes from the preparation of, cooking and dispensing of food, and from the handling, storage and sale of produce.

GOVERNMENTAL ESTABLISHMENT: Any building, structure or property owned, used or occupied by any agency, branch, bureau, commission, department, division, office, unit or instrumentality of the government of the United States of America or of the State, or of any municipality or any County or any other political subdivision or political corporation of any kind whatsoever.

GRAB SAMPLE: 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.

HOLDING TANK WASTE: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump vehicles.

INCOMPATIBLE POLLUTANT: All pollutants other than compatible pollutants as defined elsewhere in this Chapter.

INDIRECT DISCHARGE: The discharge or the introduction of pollutants from any non-domestic source regulated under Section 307 (b), (c) or (d) of the Act (33 U.S.C. 1317) into the POTW (including holding tank waste discharged into the system).

INDUSTRIAL USER: A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402, of the Act (33 U.S.C. 1342).

INSTANTANEOUS LIMIT: 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: The inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use of disposal which is a cause of or significantly contributes to either 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 accordance 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, and the Toxic Substances Control Act. An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with the above-cited authorities whenever such user:

1. Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State or local law;

2. Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or

3. Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or

disposal in accordance with the above-cited authorities as they apply to the POTW's selected method of sludge management. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT A permit issued pursuant to Section 402 of the Act. NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD 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. NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD Any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR, Section 403.5.

NATURAL OUTLET: Any outlet into a watercourse, stream, creek, river, pond, lake, or any other body of surface or ground water.

NEW SOURCE: 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:

1. The building, structure, facility or installation is constructed at a site at which no other source is located; or

2. The building, structure, facility or installation totally replaces the process discharge of pollutants at an existing source; or

3. 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.

4. 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 this Section but otherwise alters, replaces or adds to existing process or production equipment.

5. Construction of a new source as defined under this paragraph has commenced if the owner or operator has begun or caused to begin as part of a continuous on-site construction program:

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

b. 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

c. 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 for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

NON-DOMESTIC WASTEWATER: All discharges other than cooling water and domestic waste.

PASS THROUGH: The discharge of pollutants through the POTW into navigable waters in quantities or concentrations which 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). An industrial user significantly contributes to such permit violation where it:

1. Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State, or local law;

2. Discharges wastewater which substantially differs in nature and constituents from the user's average discharge;

3. Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or

4. Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its permit and that such industrial user's discharge either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW's violations. pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PLANT MANAGER: The person designated by the Village to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Article, or his/her duly authorized representative.

POLLUTANT: Anything causing pollution.

POLLUTION: The man-made or man-induced alteration of chemical, physical, biological, and radiological integrity of water.

POTW TREATMENT PLANT: That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater 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 control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings 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 effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR, Section 403.6(e).

PRETREATMENT REQUIREMENTS: Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PRIVATE WELL: Any well owned by any person for his/her private use.

PROPERLY SHREDDED GARBAGE: Garbage which has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the POTW with no particle greater than one-half (1/2) inch in any dimension.

PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works as defined by Section 212 of the Act, which is owned in this instance by the Village of Kingdom 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. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. For the purposes of this Section, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Village limits of Kingdom City who are by contract or agreement with the Village, users of a Village POTW, even though the sewers may not have been constructed or may not be maintained by the Village.

RECORDS: Such term includes books, documents, papers, apparatus, data, readings, records of analysis, plans and graphs.

RESIDENTIAL ESTABLISHMENT: Any building, structure or property designed, constructed or used for human residential occupancy on a housekeeping or light housekeeping basis, except such building, structure or property used or occupied for any purpose defined by this Chapter as a "governmental establishment."

SANITARY SEWER: A sewer designed and intended to receive and convey only wastewater as defined herein, together with such ground water infiltration as cannot be avoided. SEWER SYSTEM or SEWAGE SYSTEM The POTW.

SIGNIFICANT INDUSTRIAL USER: All dischargers subject to categorical Pretreatment Standards under 40 CFR Chapter I, Subchapter N; and any industrial user of the Village's wastewater disposal system who:

1. Has a discharge flow of twenty-five thousand (25,000) gallons or more per average work day, or

2. Has a flow greater than five percent (5%) of the flow in the Village's wastewater treatment system, or

3. Has in his/her wastes toxic pollutants as defined pursuant to Section 307 of the Act of Missouri Statutes and rules, or

4. Is found by the Village, State Department of Natural Resources or the U.S. Environmental Protection Agency (EPA) to have significant impact either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system. However, the Village need not designate as significant any non-categorical industrial user that, in the opinion of the Village 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. Any non- categorical industrial user designated as significant may petition the Village 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 NON-COMPLIANCE: Applies to all significant industrial users (or any other industrial user that violates C, D, or H hereof) and shall mean:

1. Violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of 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 numeric pretreatment standard or requirement, including instantaneous limits, as defined in Article III;

2. Violations in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of pretreatment standard or requirement including instantaneous limits, as defined by Article III multiplied by one and four-tenths (1.4) for BOD, TSS, fats, oil and grease, and one and two- tenths (1.2) for all other pollutants except pH;

3. Any other violation of a pretreatment standard or requirement as defined by Article III (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Utility Superintendent 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 forty-five (45) 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 non-compliance;

8. Any other violation, which may include a violation of BMPs, or group of violations which the Director of Public Works determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG DISCHARGE: Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow has a reasonable potential to causes interference with the operation and performance of the POTW or pass through or an any other way violates the POTW's regulations, local limits or permit conditions.

STANDARD INDUSTRIAL CLASSIFICATION (SIC): A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget. STORM DRAIN or STORM SEWER A pipe or conduit which carries storm water, surface water, drainage and cooling water, but excludes wastewater.

STORM WATER: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUSPENDED SOLIDS: The dry weights of the solids physically suspended in a flow of water or wastewater, as determined by the method of determining suspended matter described under the heading "suspended matter" in the Standard Methods for the Examination of Water and Wastewater as published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and expressed in parts per million by weight.

TOXIC POLLUTANTS: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) of the Act or other Acts.

UNPOLLUTED WATER: Water of quality equal to or better than the 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 POTW.

USER: The owner or occupant of property or premises that is connected directly or indirectly or has available to said property or premises the facilities of the POTW of the Village of Kingdom City. WASTEWATER

The liquid and water-carried industrial or domestic wastes from dwellings, commercial establishments, industrial facilities, and institutions together with any groundwater, surface water and storm water that may be present whether treated or untreated, which is contributed into or permitted to enter the POTW.

WATER UTILITY: The water utility operated by the Village of Kingdom City, a Public Water Supply District, or any private water company operating within the Village.

WATERS OF THE STATE: All streams, lakes, ponds, marshes, water courses, waterways, springs, reservoirs, and all other bodies or accumulations of surface water or private, which are contained within, flow through, or border upon the State or any portion thereof.