§ 23-69. Definitions and abbreviations., Article III. Wastewater, Chapter 23. Utilities, Code of the City of Evanston, Wyoming, Code of Ordinances, Evanston

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.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

(1)

If the industrial user is a corporation:

(a)

The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(b)

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for industrial wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

If the user is a partnership or sole proprietorship; a general partner or proprietor, respectively.

(3)

If the user is a federal, state, or local government facility; a City or district or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or his or her designee.

(4)

The individuals described in Subsection (1) through (3) above may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

BEST MANAGEMENT PRACTICES (BMPs)

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in § 23-70 of this article. BMPs may also include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs shall be considered local limits and pretreatment standards for the purposes of this article and Section 307(d) of the Act [40 CFR § 403.5(c)(4)]

BIOCHEMICAL OXYGEN DEMAND (BOD₅)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure over a period of five days at 20° C. and expressed in milligrams per liter mg/L.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to the POTW.

CATEGORICAL INDUSTRIAL USER (CIU)

An industrial user subject to a categorical pretreatment standard.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) that apply to a specific category of industrial users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

CITY

The City of Evanston, Wyoming.

CITY ENGINEER

The person designated by the City Council who administers and supervises the affairs of and operations and maintenance of wastewater facilities of the City and the person authorized by the City Council to act on his or her behalf to implement and enforce Chapter 23, Article III, of the City Code.

COMPOSITE SAMPLE

A representative flow-proportioned sample generally collected within a twenty-four-hour period and combined according to flow. Time-proportional sampling may be approved or used by the City where time-proportional samples are believed representative of the discharge.

COOLING WATER

(1)

Contact: Water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product.

(2)

Noncontact: Water used for cooling purposes which does not come in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.

DOMESTIC SEWAGE

Wastewater from residential sources including, but not limited to, wastewater from kitchen, bath, and laundry facilities; or wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, noncommercial sinks and similar structures) of commercial, industrial or institutional buildings, provided that the wastewater exhibits characteristics that are similar to those of wastewater from normal residential activities.

ENVIRONMENTAL PROTECTION AGENCY (EPA)

The U.S. Environmental Protection Agency, or, where appropriate, the Administrator or other duly authorized official of said Agency.

FATS, OIL AND GREASE (FOG)

Nonpetroleum organic polar compounds derived from animal or plant sources such as fats, nonhydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in 40 CFR Part 136.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis with no regard to the flow and over a period of time not to exceed 15 minutes.

INDUSTRIAL (NONDOMESTIC) WASTES

The liquid or solid wastes from industrial manufacturing processes, trade or business activities producing nondomestic or nonresidential sewage as distinct from domestic wastewater.

INDUSTRIAL USER

A discharger that introduces pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act (including holding tank waste discharged into the system).

INDUSTRIAL WASTEWATER DISCHARGE PERMIT

A permit issued to an industrial user by the City that allows, limits, and/or prohibits the discharge of pollutants or flow to the POTW as set forth in § 23-73 of this article.

INSTANTANEOUS LIMIT

The maximum or minimum concentration or measurement of a pollutant property allowed to be discharged at any time for any length of time. For pollutants, compliance is typically determined by use of a grab sample.

INTERFERENCE

A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1)

Inhibits or disrupts the POTW treatment processes, or operations or its sludge processes, use or disposal; and

(2)

Therefore, is a cause of violation of any requirement of the City's WYPDES 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 any of the following statutory/regulatory provisions or permits issued hereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the "Resources Conservation and Recovery Act (RCRA)", any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solids Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

NEW SOURCE

A term that establishes the applicable Categorical Standards for certain industrial users as defined at 40 CFR 403.3(m) and herein incorporated by reference.

NORMAL DOMESTIC-STRENGTH WASTEWATER

Wastewater, when analyzed in accordance with procedures established by the EPA pursuant to 40 CFR Part 136, as amended, contains no more than 250 mg/L of TSS and/or 250 mg/L of BOD₅.

PASS THROUGH

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 City's WYPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

pH

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution and reported as standard unit (SU).

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive material, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD₅, COD, toxicity, or odor) discharged into or with water.

POLLUTION

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

POTW TREATMENT PLANT

That portion of the POTW or any portion thereof designed to provide treatment of wastewater.

PRETREATMENT

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 the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR 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 403.6(e).

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an industrial user.

PRETREATMENT STANDARD, NATIONAL PRETREATMENT STANDARD, or STANDARDS

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. The term includes prohibitive discharge limits, local limits, and best management practices that are or may be established by the City. In cases of differing standards or regulations, the more stringent shall apply.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature and any sewers, pipes or other conveyances which convey wastewater to the treatment plant. The term also means the municipality having jurisdiction over the industrial user discharges to and the discharges from the treatment works.

SHALL, WILL, MAY

"Shall" and "will" are mandatory; "may" is permissive.

SIGNIFICANT INDUSTRIAL USER (SIU)

Except as provided in Subsection (3) of this definition, a significant industrial user is:

(1)

An industrial user subject to categorical pretreatment standards; or

(2)

An industrial user that:

(a)

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

(b)

Contributes a process waste stream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the POTW treatment plant; or

(c)

Is designated as such by the City or EPA 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.

(3)

Upon finding by the City that an industrial user meeting the criteria in Subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirement, the City 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)(2), determine that such industrial user is not a significant industrial user.

SLUG DISCHARGE

Any discharge at a flow rate or concentration which could cause a violation of the specific prohibitions in § 23-70. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, or a discharge which exceeds the hydraulic or design of an industrial user's treatment system or any part of the treatment unit including a discharge which has a reasonable potential to cause interference or pass through or in any other way violate an applicable pretreatment standard or requirement or an industrial wastewater discharge permits issued by the City.

STORM DRAIN OR STORM SEWER

Every pipe, culvert, flume, ditch, gutter, storm sewer, cistern, tank, drain, lake, pond, stream, ravine, gully or other facility or natural feature that contains, holds, transports, diverts, channels, impounds, or drains water, into which any naturally occurring stormwater runoff within the City may seep, percolate or flow; and every street, sidewalk, alley, gutter, roof, parking lot, yard, field, driveway, patio and other surface within the City across which any naturally occurring stormwater runoff may seep, percolate or flow.

STORMWATER

Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation, including snowmelt.

TOTAL SUSPENDED SOLIDS (TSS)

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136, as amended.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307(a) of the CWA or as otherwise listed at 40 CFR Part 122, Appendix D.

WASTEWATER

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

WATERS OF THE STATE

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 state or any portion thereof.

WYOMING DISCHARGE PERMIT SYSTEM (WYPDES)

The State of Wyoming program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into waters of the state as authorized under Section 402 of the Clean Water Act.

	BMP	Best management practice
	BOD₅	Biochemical oxygen demand
	EC	Degree celsius
	CFR	Code of Federal Regulations
	COD	Chemical oxygen demand
	CWA	Clean Water Act
	EPA	U.S. Environmental Protection Agency
	FOG	Fats, oils and grease
	mg/L	Milligrams per liter
	O&M	Operation and maintenance
	POG	Petroleum, oil and grease
	POTW	Publicly owned treatment works
	SIC	Standard industrial classification
	SIU	Significant industrial user
	SNC	Significant noncompliance
	§	Section
	TSS	Total suspended solids
	U.S.C.	United States Code
	WYPDES	Wyoming Pollutant Discharge Elimination System