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| ARTICLE 2. |
DEFINITIONS |
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Section 1. |
General. Words, terms and phrases used in this Code shall have the same
meaning assigned to such word, term or phrase in 40 C.F.R., § 403,
"General Pretreatment Regulations for Existing and New Sources of
Pollution," if defined therein, unless specifically defined otherwise
as follows: |
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(a) |
"Administering Agency" shall mean the Johnson County Unified Wastewater Districts
(Unified Wastewater Districts) and/or the Johnson County Environmental
Department (Environmental Department), or their authorized deputy,
agent, code enforcement officer, or representative including but not
limited to the Administrator of the Johnson County Unified Wastewater
Districts and the Director of the Johnson County Environmental
Department. |
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(b) |
"Administrator" shall mean the Administrator of the Johnson County Unified Wastewater
Districts or authorized deputy, agent, code enforcement officer, or representative. |
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(c) |
"BOD" (Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized
in the biochemical oxidation of organic matter under EPA approved
laboratory methods, 40 C.F.R. § 136, in five (5) days at 20oC. |
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(d) |
"Building Drain" shall mean all of the building piping upstream of a point which
is that part of the lowest horizontal piping of a drainage system which
receives the sanitary and approved industrial wastes from the building
and conveys it to the building sewer, beginning three (3) feet outside
the inner face of the building wall. |
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(e) |
"Building Sewer" shall mean the extension from the building drain to the
public sanitary sewer, or to the Grinder Pump Unit for Low Pressure
Sewer systems, or other place of disposal. Also commonly referred to as a "service
line." |
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(f) |
"Bypass" shall mean the intentional diversion of waste streams from any portion
of an industrial user's treatment facility into the public sewerage
system. |
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(g) |
"Director" shall mean the Director of the Johnson County Environmental Department
or authorized deputy, agent, code enforcement officer, or representative. |
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(h) |
"Domestic Wastewater" shall mean wastewater of the type commonly introduced into
the sewerage system by noncommercial residential users. |
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(i) |
"Enforcement Response Plan" shall mean the Johnson County Environmental Department
Pollution Control Division Industrial Pretreatment Program Enforcement Response Guide,
December 1993 Revision, and subsequent amendments thereto, used to determine the enforcement
action most appropriate to the nature of a violation of this Code by an industrial user. |
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(j) |
"Food Service Facility" shall mean any user that prepares and/or packages
food for sale or consumption, on or off site, with the exception of
private residences. Food Service Facility shall include, but is not limited to: food courts,
food manufacturers, food processors, food packagers, restaurants, grocery stores,
delicatessens, bakeries, lounges, hospitals, hotels, nursing homes, churches, and schools.
For the purpose of Article 4 Part E of this Code, Food Service Facility shall not include
a facility that only prepares beverages; a facility that only sells prepackaged foods;
a facility that is currently permitted through the Environmental Department's Industrial
Pretreatment Program; or a facility classified as a Significant Industrial User by the
Environmental Department. |
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(k) |
"Garbage" shall mean solid waste from the domestic or commercial preparation,
cooking, and dispensing of food, and from the handling, storage, and
sale of produce. |
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(l) |
"Garbage Disposal" shall mean a device that shreds or grinds waste materials
into smaller portions for discharge into the wastewater collection system. |
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(m) |
"Gray Water" shall mean all of the liquid contained in a grease interceptor
that lies below the floating grease layer and above the solids layer. |
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(n) |
"Grease" shall mean a liquid or solid material containing substances which may
solidify or become viscous at temperatures between 32 degrees and 150
degrees Fahrenheit, composed primarily of fats, oils or grease from
animal or vegetable sources. The phrases "fats, oils and grease (FOG),"
"oil and grease," or "oil and grease substances"
shall be included in this definition. |
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(o) |
"Grease interceptor" shall mean a device located underground and outside of a
food service facility designed to collect, contain or remove food wastes
and grease from the waste stream while allowing the balance of the
liquid waste ("gray water”) to discharge to the wastewater
collection system by gravity. |
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(p) |
"Grease Trap" shall mean a device located inside a food service facility designed
to collect, contain or remove food wastes and grease from the waste stream while allowing
the balance of the liquid waste to discharge to the wastewater collection system by gravity. |
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(q) |
"Grinder Pump Unit" (GPU) shall mean the pump and appurtenant equipment utilized in a low
pressure sewer system to grind and discharge wastewater to the sanitary sewer system.
The grinder pump unit shall include the grinder, pump, wetwell, drywell, mechanical seals,
valves and controls. |
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(r) |
"Indirect Discharge" or "Discharge" means the introduction of pollutants
into a Publicly Owned Treatment Works (POTW) from any non-domestic source regulated under
The Clean Water Act of 1977, 33 U.S.C. § 1251 et seq., and such other classes
of waste producers the Environmental Department deems appropriate. |
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(s) |
"Industrial User" means a person who introduces pollutants into any treatment
facility or collection system owned, operated, maintained or served by
the Unified Wastewater Districts and which is a non-domestic source
regulated under The Clean Water Act, 33 U.S.C. § 1251 et
seq. The term shall not include "food service facility"
as defined in this Code. |
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(t) |
"Interference" shall mean a discharge which, alone or in conjunction with a discharge
or discharges from other sources, both: |
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(1) |
Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal; and, therefore |
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(2) |
Is a cause of a violation of any requirement of the POTW's National
Pollutant Discharge Elimination System (NPDES) permit (including an
increase in the magnitude or duration of a violation) or prevents the
POTW from using or disposing of sewage sludge according to the following
statutory provisions, regulations, or permits (including more stringent
state or local regulations): the Clean Water Act, the Solid Waste Disposal Act
(including Title II, more commonly referred to as the Resource Conservation
and Recovery Act), and State of Kansas regulations contained in any State of Kansas sludge
management plan prepared according 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. |
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(u) |
"Low Pressure Sewer" (LPS) shall mean a pressurized sewer system including
a grinder pump unit discharging wastewater through a small diameter
discharge pipe to a gravity public sanitary sewer. The term LPS systems,
as used in this Code, shall include only the GPU, the GPU discharge
line, valves in the GPU discharge line and all LPS system pressure mains
shall be maintained by the Unified Wastewater Districts as delineated in
Resolution WD 99-38. |
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(v) |
"Lower Explosive Limit" (LEL) shall mean the lowest concentration of
flammable gas or vapor (% by volume in air) in which explosion can occur
upon ignition in a confined area. |
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(w) |
"Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake,
or other body of surface or groundwater. |
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(x) |
"National Pretreatment Standard", "Pretreatment Standard" or "Standard"
shall mean any regulation contaiwidth="685" width="685" ning pollutant discharge limits
promulgated by the EPA in accordance with that portion of The Clean
Water Act, 33 U.S.C. § 1317, which applies to industrial users. Included are the
discharge limit prohibitions established by 40 C.F.R. § 403.5, and Article 5 of this
Code, and any revisions thereto. |
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(y) |
"New Source" shall mean any building, structure, facility or installation
from which there is or may be a discharge of pollutants, the
construction of which began after the publication of proposed
pretreatment standards which will be applicable to a source if standards
are promulgated, providing that: the building, structure, facility or installation
is constructed at a site at which no other source is located; or the building, structure,
facility or installation totally replaces the process or production
equipment that causes the discharge at an existing source; or 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 there 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. The term
“new source” also applies if the new owner or operator has begun a continuous on-site
construction program (placement, assembly, or installation of facilities or equipment)
or significant site preparation, such as clearing, excavation, or removal of existing
buildings or structures, or facilities. The term “new source” also applies if the
owner or operator has 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 that can be terminated or
modified without substantial loss, and contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation. |
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(z) |
"Pass Through" shall mean a discharge exiting the POTW into United States
waters in quantities or concentrations that, alone or in conjunction
with a discharge or discharges from other sources, causes the POTW to
violate its NPDES permit. Violations include, but are not limited to,
increases in the degree or duration of effected POTW noncompliance. |
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(aa) |
"Person" shall mean any individual, partnership, firm, company, corporation,
association, governmental entity or any other legal entity, or their
legal representatives, agents or assigns. The singular shall include the plural
where indicated by the context. |
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(bb) |
"pH" shall mean the logarithm (base 10) of the reciprocal of the hydrogen ion
concentration expressed in gram moles per liter of solution in
accordance with EPA approved laboratory methods, 40 C.F.R. § 136,
unless otherwise specified in an industrial wastewater discharge permit
or disposal authorization. |
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(cc) |
"POTW" shall mean publicly owned treatment work plants owned by Johnson County, Kansas. |
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(dd) |
"Pretreatment" shall mean the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in
wastewater before discharging or otherwise introducing such pollutants
into the sewerage system, except as prohibited by 40 C.F.R. § 403.6(d). |
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(ee) |
"Pretreatment Requirements" shall mean any procedural or substantive requirement
related to pretreatment, including but not limited to a national
pretreatment standard, that is imposed on an industrial user or a food
service facility. |
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(ff) |
"Public Sanitary Sewer" shall mean a sanitary sewer, which is owned, operated,
maintained or controlled by the Unified Wastewater Districts. In areas built after
the November 30, 1959 adoption of the 1959 Rules and Regulations for Johnson County
Sewer Districts, these are eight inch (8") and larger lines between manholes. |
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(gg) |
"Sand/Oil Interceptor" shall mean any structure required for the removal and
containment of sand/oil and other constituents of wastewater that may be
harmful to the sewerage works. |
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(hh) |
"Sanitary Sewer" shall mean a pipe or conduit, which carries wastewater, and to
which storm, surface, and ground waters are not intentionally admitted. |
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(ii) |
"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. |
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(jj) |
"Sewerage System" shall mean all POTW facilities for collecting, pumping and
treating wastewater. |
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(kk) |
"Significant Industrial User" shall mean industrial facilities whose discharges
are likely to have the most impact on POTW's. The term also refers to any other
industrial user that is subject to the categorical pretreatment standards;
discharges an average of twenty five thousand gallons per day (25,000 gpd) or more of process
wastewater to the POTW (excluding sanitary, non-contact cooling, and
boiler blow down wastewater); contributes a process waste stream that
makes up five percent (5%) or more of the average dry weather hydraulic
or organic capacity of the POTW; or is designated as a significant
industrial user by the Environmental Department on the basis that the
industrial user has a reasonable potential for adversely affecting the
POTW's operation or employees or for violating any pretreatment standard
or requirement. In the case of an industrial user which is not subject to
categorical pretreatment standards, the Environmental Department may
decide that the industrial user is not "significant," even if
it meets the other above criteria, if it is determined that there is no
reasonable chance of its discharges adversely affecting the POTW's
operation or employees and it has not violated any pretreatment standard
or requirement. |
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(ll) |
"Significant Noncompliance" shall mean an industrial user is in significant
noncompliance if the industrial user's violation meets one or more of
the following criteria: |
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(1) |
Chronic 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 (6) month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant
parameter; |
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(2) |
Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of all the measurements for each
pollutant of the measurements for each pollutant parameter taken during
a six (6) month period equal or exceed the product of the daily maximum
limit or the average limit multiplied by the applicable TRC. (TRC = 1.4
for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants
except pH.); |
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(3) |
Any other violation of a pretreatment effluent limit (daily maximum or
longer-term average) that the Environmental Department 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); |
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(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; |
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(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; |
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(6) |
Failure to provide, within thirty (30) days after the due date, required reports
such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules; |
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(7) |
Failure to accurately report noncompliance; |
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(8) |
Any other violation or group of violations, which the Environmental
Department determines, will adversely affect the operation or
implementation of the local pretreatment program. |
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(mm) |
"Slug Loading" shall mean any discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or non-customary batch
discharge. |
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(nn) |
"Suspended Solids" shall mean solids that are in suspension in water,
wastewater, or other liquids, and which are removable by laboratory
filtering in accordance with EPA approved laboratory methods, 40 C.F.R.
§ 136. |
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(oo) |
"Toxic Substance" means any substance which alone or in combination with
other substances, when discharged to a wastewater system, storm water system
or watercourse in sufficient quantities, interferes with any biological wastewater
treatment process, or, either through direct exposure or through indirect exposure
by ingestion through the food chain, interferes with the normal life processes of any
organism, aquatic life, plant or animal or causes adverse human health impacts. Toxic
substances include, but are not limited to pollutants listed as toxic in 40 C.F.R. § 401.15
pursuant to section 307(a)(1) of the CWA and those listed as toxic in sludge pursuant to section
405(d)(2) of the CWA. |
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(pp) |
"User" shall mean a person who introduces wastewater, storm water, or water of
any kind into a sanitary sewer owned, operated, maintained or controlled
by the Unified Wastewater Districts. |
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(qq) |
"Wastewater" or "Sewage" shall mean the liquid and water-carried industrial
or domestic wastes from dwellings, commercial establishments, industrial
facilities, and institutions, whether treated or untreated. |
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(rr) |
"Watercourse" shall mean a channel in which a flow of water occurs, either
continuously or intermittently. |
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