TITLE V: PUBLIC WORKS
Chapter
50. SOLID WASTE
51. SEWERS
CHAPTER 50: SOLID
WASTE
Section
General Provisions
50.01 Litter and refuse control
Importing Waste
50.15 Definitions
50.16 Transporting waste
50.17 Transferring waste
50.18 Time limit
50.19 Receiving waste
50.20 Effective date
Solid Waste Management
50.35 Collection of solid waste
50.36 Rules and regulations
50.99 Penalty
GENERAL PROVISIONS
§ 50.01 LITTER AND REFUSE CONTROL.
(A) As used in this Act, unless the context otherwise requires:
ABANDONED VEHICLES. Any vehicles, or parts thereof, left on public or private property within an area of high population density under circumstances indicating a desertion, relinquishment, nonuse, or divestment of the vehicle.
ACCESSORY BUILDING. Any buildings other than a dwelling.
AREA OF HIGH POPULATION DENSITY. Any 1/2-mile area which contains 3 or more residences.
CONTAINER. An air-tight fitting metal or plastic receptacle with a capacity not exceeding 30 gallons and with 2 handles.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER. Refuse which is not contained or disposed of in accordance with the provisions of this Act.
OBNOXIOUS GROWTH. Any plant growth exceeding 12 inches in height, other than crops, trees, bushes, flowers, or other ornamental plants; it is not the intent of this provision to cause a change in the character of any geographical area(s), e.g. (vacant) farm or undeveloped land of 5 acres or more.
REFUSE. All putrescible and non-putrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, street cleanings, dead animals, abandoned automobiles and industrial wastes.
(B) It shall be unlawful for any person to place, leave, dump or to accumulate any refuse or garbage in any building or on any property, so that same shall or may afford food or garbage harborage for rodents, create a health hazard, or cause a public nuisance.
(C) All household refuse or garbage shall be placed in closed containers and secured in such a way as to prevent the contents from escaping therefrom and circulating freely in the environment; wet garbage shall be drained and placed in waterproof containers (e.g., plastic garbage bags). Toxic or hazardous substances are prohibited from being placed in any containers.
(D) Any person or business placing garbage or refuse in a plastic bag at curbs or road sides is responsible for the contents of that bag until it is picked up by the garbage truck. If the bag is torn or scattered by animals or traffic, it is that individual's responsibility to collect the garbage or refuse and dispose of it in a proper manner.
(E) All commercial and industrial establishments shall dispose of refuse or garbage in dumpsters designated for their use in such a way that the dumpsters shall not overflow and the refuse so deposited shall not circulate freely in the environment. Cardboard and wooden boxes may be compacted prior to disposal.
(F) The maintenance of a litter-free environment at all construction and demolition sites shall be the responsibility of the owners, contractors and subcontractors thereof.
(G) All loading and unloading docks shall be maintained in such a manner as to prevent refuse or garbage from accumulating and from circulating freely in the environment. The responsibility for the maintenance shall be upon the owners and lessees thereof.
(H) All owners of private dwellings and/or their tenants shall be responsible for the maintenance of a litter-free environment in the areas immediately surrounding the dwellings up to the adjacent public street or road. Obnoxious growth shall be removed.
(I) All vacant lots within the County shall be kept clean and free of litter by the owners or lessees thereof. Obnoxious growth shall be removed.
(J) There shall be no burning of refuse or garbage and no scavenging of public or private dumpsters. Refuse or garbage shall not be deposited outside the dumpsters. If a dumpster is full, the refuse or garbage shall be taken to another dumpster that is not full. Large, heavy items, as well as hazardous materials and large pieces of wood, are prohibited from being placed in or in the vicinity of a dumpster.
(K) No person, business, or organization shall post or attach any advertisement, poster, or handbill of any kind or description on any telegraph, telephone, railway, or electric light pole, or on any public building or right-of-way. All political, commercial, and private posters must be taken down within 7 days after the date advertised.
(L) All organizers of outdoor events are responsible for the rapid removal of all refuse and litter from the site thereof and shall provide appropriate containers for the public's use.
(M) All county residents, businesses, or organizations with special disposal problems shall be responsible for seeking the advice of the Shelby County Solid Waste Coordinator or the Shelby County 109 Solid Waste Board.
(N) No person, business, or organization shall operate or cause to be operated any automobile, vehicle, machinery or material recycling establishment or place of business that does not comply with Shelby County Zoning Regulations and KRS 177.910. The operation or business that does not comply shall be declared a public nuisance. This section shall also apply to other similar scrap and salvage operations or businesses. (This section does not apply to inoperative farm equipment located on the owner's farm.)
(O) All public and private parking lots shall be maintained by the owners or lessees thereof in a manner that is free from garbage, refuse, and obnoxious growth.
(P) Contents within, or on, commercial and private vehicles shall be secured with a top covering to prevent loss of material upon public roads, rights-of-way or other public or private property.
(Q) All persons shall insure that any refuse or garbage within their control is disposed of in proper containers or places. This will include items like food and drink containers, tobacco items and other personal use items that could be considered garbage, refuse or litter.
(R) It shall be unlawful for any person, organization, or corporation to dump refuse or garbage in any form into any stream, ditch, storm sewer, sanitary sewer or other drain within the County of Shelby. This does not preclude properly prepared putrescible wastes from domestic “garbage grinders” discharging into sanitary sewers.
(S) No person shall throw or deposit litter in or upon any premises, streets, sidewalks, or other public places within the County of Shelby except in public receptacles or in authorized private receptacles for collection or in the Shelby County Landfill.
(T) If any object of litter is discovered on another's property without his or her permission, on any public highway, street or road, upon public parks or recreation areas, or upon any other public property except that property designated for that use, bearing a person's name, it shall be prima facie evidence that he/she deposited it there.
(U) All residents shall be fully responsible for the proper disposal of the garbage, refuse or litter that is created on their property or by themselves, their family, their lessees, their tenants, or employees. If the resident permits others to transport this material, then the resident shall obtain the name, address, driver's license number, vehicle license number, and any other pertinent identifying information of the individual taking the resident's garbage, refuse or litter to be disposed.
(V) All waste haulers that charge a fee for service, shall be required to register and purchase a permit, the cost of which will be determined by the Shelby County 109 Solid Waste Board during the first month of each year and each year thereafter. The haulers shall be required to furnish records pertaining to: hauler's name and address; type of truck used to haul waste; names and addresses of all customers; name of landfill used; and receipts from the landfill used.
(W) All persons and businesses collecting recyclables for the purpose of recycling, shall register annually with the Solid Waste Coordinator of Shelby County. Registration shall be required every January, at which time a report form must be filled out. Report will require amount of waste collected for recycling: by volume, weight or number of items during the previous calendar year and the types of items collected for recycling.
(X) The owner, lessee, tenant, or person in control of a premises will carry out the orders of applicable law enforcement agencies or the Board of Health pertaining to this Act at his or her expense, or the County of Shelby may carry out the clean-up or other necessary activities and charge the expense of same to the owner or tenant.
(Y) When any paper, waste material, litter or other refuse is thrown or dropped from a motor vehicle, the operator thereof shall be deemed to be guilty of criminal littering pursuant to KRS 512.070.
(Z) All handlers of food including, but not limited to, grocery stores, restaurants, fast foods, and the like shall have at least 1 garbage container available for disposal of waste outside their establishments.
(AA) It shall be unlawful for any person to park, store or leave, or permit parking or storing of any vehicle of any kind or parts thereof, for a period of time in excess of 30 days which is rusted, wrecked, junked, partially dismantled, or inoperative, or in an abandoned condition, whether they are attended or not, on any private or public property within an area of high population density. This section shall not apply to abandoned vehicles in an enclosed building.
(BB) Any person violating any provision of this section shall be deemed guilty of a Class A Misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500 or be imprisoned for a period not to exceed 12 months, or both so fined and imprisoned. Each day a violation continues shall constitute a separate offense.
(CC) Any person holding the position of Solid Waste Enforcement Officer has the authority to issue notices of violations and citations pertaining to solid waste issues.
(DD) If any part of this section shall be held invalid, that part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this section.
(Ord. 8-17-09, passed 8-17-1999)
IMPORTING WASTE
§ 50.15 DEFINITIONS.
As used in this section, unless the context otherwise requires:
COMMERCIAL WASTE, HAZARDOUS WASTE, HOUSEHOLD WASTE, INDUSTRIAL WASTE, SOLID WASTE, and TOXIC WASTE. The same as defined or classified in the Kentucky Revised Statutes, and defined or classified by the United States Environmental Protection Agency.
(Ord. 5-4-03, passed 5-5-2004)
§ 50.16 TRANSPORTING WASTE.
It shall be unlawful to transport or otherwise bring into Shelby County, for the purpose of transferring, distributing, unloading, or off-loading, any waste, garbage or discarded item, whether commercial waste, hazardous waste, household waste, industrial waste, solid waste, toxic waste or other waste, unless the waste is transported into the county for the purpose of disposal, incineration, storage, reclamation, destruction or recycling at a site in the county that has been approved and permitted for the purpose by the Kentucky Cabinet of Natural Resources and Environmental Protection or other state agency, the Triple S Planning and Zoning and the Shelby County Fiscal Court, whose authorization is necessary in order to lawfully operate such a site and facility.
(Ord. 5-4-03, passed 5-5-2004)
§ 50.17 TRANSFERRING WASTE.
It shall be unlawful to transfer, off-load, unload or distribute any waste, garbage or discarded item, whether commercial waste, hazardous waste, household waste, industrial waste, solid waste, toxic waste or other waste, in the county, from any type of motor carrier, railroad carrier or other transportation carrier of any type, unless the waste is transferred, off-loaded or distributed for the purpose of disposal, incineration or recycling at a site in the county that has been approved and permitted for the purpose by the Kentucky Cabinet of Natural Resources and Environmental Protection or other state agency, the Triple S Planning and Zoning and the Shelby County Fiscal Court, whose authorization is necessary in order to lawfully operate such a site and facility.
(Ord. 5-4-03, passed 5-5-2004)
§ 50.18 TIME LIMIT.
It shall be unlawful to transport or otherwise bring into the county any waste, garbage, discarded item, whether commercial waste, hazardous waste, household waste, industrial waste, solid waste, toxic waste, for the purpose of its disposal, incineration, storage, reclamation, destruction, recycling or other storage for any period longer than 12 hours.
(Ord. 5-4-03, passed 5-5-2004)
§ 50.19 RECEIVING WASTE.
It shall be unlawful to collect, incinerate, or recycle any waste, whether commercial waste, hazardous waste, industrial waste, solid waste, toxic waste or any other waste in the county, other than at a site that has been approved and permitted for the purpose by the Kentucky Cabinet of Natural Resources and Environmental Protection or other state agency, the Triple S Planning and Zoning and the Shelby County Fiscal Court, whose authorization is necessary in order to lawfully operate such a site and facility.
(Ord. 5-4-03, passed 5-5-2004)
§ 50.20 EFFECTIVE DATE.
This subchapter shall take effect upon its passage and approval and publications as required by law.
(Ord. 5-4-03, passed 5-5-2004)
SOLID WASTE MANAGEMENT
§ 50.35 COLLECTION OF SOLID WASTE.
(A) County responsibility defined. The County shall provide for the collection of solid waste as follows:
(1) The County shall provide for the collection of all residential solid waste in the County, provided, however, the County may provide the collection service by contracting with a person, county, or other city, or a combination thereof, for the entire County or portions thereof, as deemed to be in the best interest of the County.
(2) The County may, at its discretion, provide commercial solid waste collection services.
(B) Universal collection. A municipal solid waste collection system which is established by ordinance and approved by the Cabinet and requires access for each household or solid waste generator in a county.
(C) Authority for collectors to enter private property. Solid waste collectors, employed by the County or a solid waste collection agency operating under contract with the County, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this section. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste. Commercial solid waste may be removed from within commercial establishments upon written request of the owner and approval by the Director.
(D) Collector's responsibility defined. Solid waste collectors operating within the County shall be responsible for the collection of solid waste from collection points to a transportation vehicle, provided solid waste is stored in compliance with provisions set forth in this subchapter. Spillage or blowing litter, caused as a result of the duties of the solid waste collector, shall be collected and placed in the transportation vehicle by the collector.
(E) Acceptable collection practices. Collection practices which are deemed acceptable by the County are as follows:
(1) Door-to-door household collection. Collection service may be provided by the County or by contract, franchise or permit with the private sector.
(2) Direct access to a staffed convenience center or transfer facility within the County. Residents may transport their waste directly to Cabinet approved staffed convenience centers or transfer facilities within the boundaries of the County which meet the environmental performance standards of 401 K.A.R. Chapter 49.
(F) Prohibitions. The following wastes may not be deposited in solid waste containers or receptacles:
(1) Hazardous waste;
(2) Liquid wastes;
(3) Bulky wastes, major appliances, furniture;
(4) Tires;
(5) Construction and demolition wastes;
(6) Dead animals;
(7) Any burning or smoldering materials or any other materials that would create a fire hazard;
(8) Batteries; or
(9) Yard waste.
(G) Removal. No person may remove any item from a solid waste receptacle, climb on or into a container or receptacle, or damage any container.
(Ord. 9-102, passed 5-21-1991)
§ 50.36 RULES AND REGULATIONS.
The Director shall make, amend, revoke, and enforce reasonable rules and regulations, governing, but not limited to:
(A) Preparation, drainage and wrapping of garbage deposited in solid waste containers;
(B) Specifications for solid waste containers, including the type, composition, equipment, size, and shape thereof;
(C) Identification of solid waste containers and of the covers thereof, and of equipment thereto appertaining, if any;
(D) Weight limitations on the combined weight of solid waste containers and the content thereof, and weight and size limitations on bundles of solid waste too large for solid waste containers;
(E) Storage of solid waste in solid waste containers;
(F) Sanitation, maintenance and replacement of solid waste containers;
(G) Schedules of and routes for collection and transportation of solid waste;
(H) Collection points of solid waste containers;
(I) Collection, transportation, processing and disposal of solid waste;
(J) Processing facilities and fees for the use thereof;
(K) Disposal facilities and fees for the use thereof;
(L) Records of quantity and type of wastes received at processing and/or disposal facilities;
(M) Handling of special wastes like sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, and the like; and
(N) Reporting requirements of permittees.
(Ord. 9-102, passed 5-21-1991)
§ 50.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99.
(B) Any person(s) violating any provision of §§ 50.15 through 50.20 shall be guilty of a Class A misdemeanor and shall, upon conviction, be punished by a fine not to exceed $500, or be imprisoned for a period not to exceed 12 months, or both so fined and imprisoned. Each day's continued violation shall constitute a separate offense.
(Ord. 5-4-03, passed 5-4-2004)
CHAPTER 51: SEWERS
Section
General Provisions
51.001 Purpose; policy
51.002 Definitions
51.003 Damaging sewer works property
51.004 Falsifying documents
Use of Public Sewers
51.015 Mandatory sewer connection
51.016 Unlawful discharge to storm sewers or natural outlets
51.017 Compliance with local, state and federal laws
51.018 Discharge of unpolluted waters into sewer
51.019 Substances which interfere with publicly-owned treatment works
Private Wastewater Disposal
51.030 Public sewer not available
51.031 Requirements for installation
Building Sewers and Connections
51.045 Permits
51.046 Prohibited connections
51.047 Design and installation
51.048 Inspection
Pollutant Discharge Limits
51.060 Prohibited and restricted charges
51.061 Dilution of wastewater discharge
51.062 Grease, oil, and sand interceptors
51.063 Special industrial pretreatment requirements
51.064 Protection from accidental discharge
51.065 State requirements
51.066 City’s right of revision
51.067 Federal Categorical Pretreatment Standards; modification procedure
Pretreatment Program Permit Administration
51.080 Permit to discharge wastes required
51.081 Wastewater contribution permits
51.082 Permit modifications
51.083 Permit conditions
51.084 Permit duration
51.085 Permit transfer
51.086 Compliance data reporting
51.087 Periodic compliance reports
51.088 Monitoring facilities
51.089 Inspection and sampling
51.090 Pretreatment
51.091 Confidential information
Fees
51.105 Purpose
51.106 Charges and fees
Powers and Authority of Inspectors
51.120 Right to enter premises
51.121 Right to obtain information regarding discharges
51.122 Access to easements
51.123 Safety rules to be observed; liability for injuries
Violations; Remedies
51.135 Harmful contributions; suspension of utility service; severance of significant user’s water supply
51.136 Notice of violation
51.137 Administrative orders
51.138 Continuing violation
51.139 Show cause hearing
51.140 Revocation of permit
Enforcement Response Guide
51.155 Description of terms
51.156 Unauthorized discharges; no permit
51.157 Discharge limit violation
51.158 Monitoring and reporting violations
51.159 Other permit violations
51.160 Violations detected during site visits
51.161 Response time frames
51.162 Procedures for collecting evidence during emergency situations
Rates and Charges
51.175 General requirements
51.176 Sewer user rates
51.999 Penalty
GENERAL PROVISIONS
§ 51.001 PURPOSE; POLICY.
(A) The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewaters and sludge from the system; and
(4) To provide for equitable distribution of the cost of the municipal wastewater system.
(B) This chapter provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(C) This chapter shall apply to persons outside the City of Shelbyville who are, by contract or agreement with the Municipal Water and Sewer Commission users of the Municipal Water and Sewer Commission Publicly Owned Treatment Works (POTW). Except as otherwise provided herein, the Manager of the Municipal Water and Sewer Commission POTW shall administer, implement, and enforce the provisions of this chapter.
(Ord. passed 6-7-1984; Am. Ord. 9-21-11, passed 9-21-1999)
§ 51.002 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 Secretary of the Kentucky Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
AUTHORIZED REPRESENTATIVE. An authorized representative of user may be:
(A) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(B) A general partner or proprietor if the user is a partnership or proprietorship, respectively;
(C) A duly authorized representative of the individual designated above if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(D) An authorized representative of the city may be any person designated by the city to act on its behalf.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, 5 days at 20EC expressed in terms of weight and concentration in milligrams per liter (mg/1).
BUILDING DRAIN. That part of the lowest horizontal 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, beginning 5 feet outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal, also called house extension.
BUILDING SEWER PERMIT. As set forth in Building Sewers and Connections (§§ 51.045 through 51.048).
BYPASS. The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.
CITY. The City of Shelbyville, Kentucky, or its City Council having responsibility as owner of the POTW.
COMBINED WASTESTREAM FORMULA. Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process; fixed alternative discharge limits may be derived by the Control Authority as defined in 40 C.F.R. pt. 403.12(a).
COMMISSION. The Shelbyville Municipal Water and Sewer Commission as created by ordinance of the city, enacted March 11, 1993.
COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES/KPDES permit, where the POTW is designed to treat the pollutants and, in fact, does treat the pollutants to the degree required by the POTW's NPDES/KPDES permit.
COMPOSITE WASTEWATER SAMPLE. A combination of individual samples of water or wastewater taken at selected intervals, generally hourly for some specified period, to minimize the effect of the variability of the individual sample. Individual samples may have equal volume or may be roughly proportioned to the flow at time of sampling.
CONTROL AUTHORITY. The term CONTROL AUTHORITY shall refer to the APPROVAL AUTHORITY defined herein above; or the Water and Sewer Commission if the city has an approved pretreatment program under the provisions of 40 C.F.R. pt. 403.11.
COOLING WATER. The water discharged from any use like air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
DILUTION STREAM. Any wastewater not generated by a process regulated for a specific pollutant by a categorical standard under 40 C.F.R. subpt. N.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
EASEMENT. An acquired legal right for the specific use of land owned by others.
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 the agency.
EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
FLOATABLE OIL. Oil, fat, or grease in a physical state so that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the proper operation of the collection system.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
GRAB SAMPLE. A sample which is taken from a waste stream on a 1-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 like vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT. All pollutants other than COMPATIBLE POLLUTANTS as defined above.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER. A source or indirect discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to § 402, of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES. The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
INTERCEPTOR. A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes while permitting normal sewage or liquid wastes to discharge into the sewer system or drainage system by gravity. INTERCEPTOR as defined herein is commonly referred to as a grease, oil, or sand trap.
INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the city's NPDES/KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act, (33 U.S.C. § 1345) or any criteria, guideline, or regulations developed pursuant to the Solid Waste Disposal Act (S.W.D.A.), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to the Title IV of S.W.D.A.) applicable to the method of disposal or use employed by the POTW.
MANAGER. The person employed by the Commission as Manager of the entire municipal water and sewer system or his or her authorized deputy, agent, or representative.
MAXIMUM DAILY CONCENTRATION. The maximum concentration of a pollutant based on the analytical results obtained from a 24-hour composite sample.
MULTI-UNIT SEWER CUSTOMER. A location served where there are 2 or more residential units or apartments, 2 or more businesses in the same building or complex, or where there is any combination of business and residence in the same building or complex.
NATIONAL (OR KENTUCKY) POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES/KPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342), or a permit issued by the state under this authority and referred to as KPDES.
NATURAL OUTLET. Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to the source, if the standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation
of the standard.
OPERATION AND MAINTENANCE EXPENSES. All annual operation and maintenance expenses including replacement related directly to operating and maintaining the sewage works as shown by annual audit.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity of any other legal or their legal representatives, agents, or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
pH. The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
POLLUTANT. 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, and industrial, municipal, and agricultural waste discharged into water.
POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT. 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 the pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 C.F.R. pt. 403.6(d).
PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act, being 33 U.S.C. § 1317(b) and 40 C.F.R. pt. 403(5).
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that has 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 1/2 inch in any dimension.
PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility. In general, the public shall include the main sewer in the street and the service branch to the curb or property line, or a main sewer on private property and the service branch to the extent of ownership by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from person or person outside the city who are, by contract or agreement with the city, users of the city's POTW.
REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which cause 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 loss does not mean economic loss caused by delays in production.
SEWAGE. The spent water of a community. Domestic or sanitary waste shall mean the liquid or water-carried wastes from residences, commercial buildings, and institutions as distinct from industrial sewage. The terms SEWAGE and WASTEWATER are used interchangeably.
SEWAGE SYSTEM OR WORKS. All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge, namely the sewerage system and POTW.
SEWER. A pipe or conduit that carries wastewater or drainage water.
SEWER USER CHARGES. A system of charges levied on users of a POTW for the cost of operation and maintenance, including replacement, of the works.
SIGNIFICANT NONCOMPLIANCE. In accordance with 40 C.F.R. pt. 403.8(f)(2)(vii), an industrial user is in significant noncompliance (SNC) if its violation meets 1 or more of the following:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a 6-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a 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 BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Control Authority 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 the environment or has resulted in the POTW's exercise of its emergency authority under 40 C.F.R. pt. 403.8(f)(i)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 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 a final compliance;
(6) Failure to provide, within 30 days after the due date, required reports like baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and
(8) Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
SIGNIFICANT USER. Any user of the city's wastewater disposal system who:
(1) Has a discharge flow of 25,000 gallons or more per average work day;
(2) Has a flow greater than 5% of the flow in the city's wastewater treatment system;
(3) Has in his or her wastes toxic pollutants as defined pursuant to § 307 of the Act or state statutes and rules;
(4) Is found by the city, state control agency, or the U.S. Environmental Protection Agency (EPA) to have significant impact either singly or in combination with other contributing uses, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system; or
(5) Is classified as a categorical industry according to federal regulation.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than 5 times the average 24-hour concentration or flow rate during normal operation or adversely affects the POTW.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, U.S. Bureau of the Budget, 1972.
STANDARD METHODS. The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record 40 C.F.R. pt. 136.
STATE. The Commonwealth of Kentucky.
STORM DRAIN or STORM SEWER. A drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SURCHARGE. A charge for services in addition to the basic sewer user and debt service charges.
SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of § 307(a) of the Clean Water Act, being 33 U.S.C. § 1317(a) or other Acts.
UNPOLLUTED WATER. Water of quality equal to or better than the treatment works 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 sanitary sewers and wastewater treatment facilities provided.
USER. Any person who contributes, causes, or permits the contribution of wastewater into the POTW.
WASTEWATER. The spent water of a community. SANITARY or DOMESTIC WASTES shall mean the liquid and water-carried wastes from residences, commercial buildings, and institutions as distinct from industrial waste.
WASTEWATER CONTRIBUTION PERMIT. As set forth in the administration section of this chapter. The following abbreviations shall have the designated meanings:
(1) ADMI. American Dye Manufacturers Institute.
(2) BOD. Biochemical oxygen demand.
(3) C.F.R. Code of Federal Regulations.
(4) CWA. Clean Water Act of 1979.
(5) EPA. Environmental Protection Agency.