§ 28-168. Abbreviations; definitions.

(a)

Abbreviations. The following abbreviations, when used in this ordinance, shall have the designated meanings:

BOD	Biochemical Oxygen Demand
CFR	Code of Federal Regulations
COD	Chemical Oxygen Demand
EPA	U.S. Environmental Protection Agency
gpd	gallons per day
Mg/l	milligrams per liter
OPDES	Oklahoma Pollutant Discharge Elimination System
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
SIC	Standard Industrial Classification
U.S.C.	United States Code
TSS	Total suspended solids

 

(b)

Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.

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.

Amenable to treatment. A substance being susceptible to reduction in concentration by treatment normally provided in the city's wastewater treatment plant to a level which is in compliance with federal and state effluent limitations for discharge into waters of the state.

Approval authority. The Oklahoma Department of Environmental Quality.

Authorized representative of the user.

(1)

If the 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 decision-making functions for the corporation; or

b.

The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if 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 governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4)

The individuals described in paragraphs (1) through (3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or 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 practice. A schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 28-174 and can also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).

Bypass. The intentional diversion of waste streams from any portion of a treatment facility.

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. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405—471.

Chemical oxygen demand (COD) A measure of the oxygen-consuming capacity of inorganic matter present in the water or wastewater, expressed in mg/l, as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.

City. The City of Altus, Oklahoma, or the City Council of Altus, Oklahoma, or their authorized representative(s).

Composite sample. A composite sample is a sample collected over time, formed either by continuous sampling or by mixing discrete samples. Composite samples reflect the average characteristics of the waste stream during the compositing period. Composite samples are used when stipulated in a permit and when:

(1)

Determining average pollutant concentration during the compositing period, and

(2)

Calculating mass/unit time loadings.

Various methods for compositing samples are available. Composite samples may be collected individually at equal time intervals if the flow rate of the sample stream does not vary more than plus or minus ten (10) percent of the average flow rate, or they may be collected proportional to the flow rate. The permit may specify which composite sample to use, either time composites or flow-proportional composites. The compositing methods, all of which depend on either continuous or periodic sampling, are described below.

(a)

Time composite sample —Composed of discrete sample aliquots collected in one container at constant time intervals. This method provides representative samples when the flow of the sampled stream is constant. This type of sample is similar to a sequential composite sample (described below).

(b)

Flow-proportional composite sample —There are two (2) methods used to collect this type of sample. One method collects a constant sample volume per stream flow [e.g. two hundred (200) milliliters (ml) sample collected for every five thousand (5,000) gallons of stream flow] at time intervals proportional to stream flow. This method provides representative samples of all waste streams when the flow is measured accurately. For this reason, it is used most frequently. In the other method, the sample is collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.

(c)

Sequential composite sample —Composed of discrete samples composited in individual containers at constant time intervals or constant discharge increments. For example, samples collected every fifteen (15) minutes are composited each hour. The twenty-four-hour composite is made up from the individual one-hour composites. Each of the twenty-four (24) individual samples is manually flow-proportioned according to the flow recorded for the hour the sample represents. Each flow-proportioned sample is then added to the composite samples. The actual compositing of the samples may be done in the field or the laboratory. In most cases, compositing in the field is preferable since only one sample container must be cooled, transported to, and handled in the laboratory. This method of compositing is frequently used since an automatic sampler can easily collect the individual samples. A variation of this method is to collect a constant volume of sample taken at constant discharge increments, which are measured with a totalizer. For example, one aliquot is collected for every ten thousand (10,000) gallons of flow.

(d)

Continuous composite sample —Collected continuously from the waste stream. The sample may be a constant volume, which is similar to the time composite, or the volume may vary in proportion to the flow rate of the waste stream, in which case the sample is similar to the flow-proportional composite.

Control authority. City of Altus.

Director of public works. Administers, implements, and enforces the provisions of this ordinance. Any powers granted to or duties imposed upon the director of public works may be delegated by the director of public works to other city personnel.

Enforcement response committee. The enforcement response committee will be comprised of the City Council of the City of Altus or their authorized representatives. They will be consulted on enforcement proceedings such as civil penalties/actions, criminal investigation and non-emergency termination of service.

Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or other duly authorized official of said agency.

Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA 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.

Grab sample. A sample which is taken from a wastestream, without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

Indirect discharge or discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

Industrial user or user . A person or establishment which discharges industrial waste.

Industrial waste. The water-borne solids, liquids, and/or gaseous waste (including cooling water)resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage.

Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; or is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

May. The term "may", when used in the context of this division, means permissible.

Medical waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Milligrams per liter (mg/l). A weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 (pounds per gallon water) is equivalent to pounds of constituent per million gallons of water. It is the same as parts per million (ppm) for normal wastewater.

New source.

(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 this definition, section (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.

Oklahoma Pollution Discharge Elimination System (OPDES) permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

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 NPDES permit, including an increase in the magnitude or duration of a violation.

Permit. Authority, granted by the city, for a person to connect to the city sewer and discharge wastes thereto, according to requirements of this division.

Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.

Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

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

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

Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 28-174(a) of this division.

Publicly owned treatment works or 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 sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

Sanitary sewer. A public sewer which carries domestic wastewater and/or industrial wastes, and to which storm, surface, and ground waters are not intentionally admitted.

Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.).

Shall. The term "shall", when used in the context of this division, is mandatory.

Significant industrial user.

(1)

A user subject to categorical pretreatment standards; or

(2)

A user that:

a.

Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

b.

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

c.

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3)

Upon a finding that a user meeting the criteria in subsection (2) 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, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Slug load or slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 28-174(a) of this division.

Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

State. State of Oklahoma.

Storm sewer. A public sewer that carries stormwater but excludes sewage and polluted industrial waste.

Stormwater. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

User or industrial user. A source of indirect discharge.

Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater treatment plant or treatment plant. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

Waters of the state. All stream, 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.

(Ord. No. 99-12, § 2(1.3, 1.4), 8-17-99; Ord. No. 2006-03, § 1, 1-24-06; Ord. No. 2010-11, § 2, 7-20-10)