§ 5.05.010. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases as used in this title shall have the meaning hereinafter designated:

(1)

"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33. U.S.C. 1251, et seq.

(2)

"Amalgam process wastewater" means any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.

(3)

"Amalgam separator" means a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental discharger.

(4)

"Amalgam waste" means any waste containing mercury or residues from the preparation, use or removal of amalgam. This includes, but is not limited to, any mercury waste generated or collected by chair-side traps, screens, filters, vacuum systems filters, amalgam separators, elemental mercury, amalgam capsules and autoclaves or other equipment that come in contact with mercury.

(5)

"Approval authority" means the Director of the Iowa Department of Natural Resources.

(6)

"Authorized representative of industrial user" may be: (A) a principal executive officer (president, vice president, secretary, treasurer) if the industrial user is a corporation; (B) a general partner or proprietor if the industrial user is a partnership or proprietorship; (C) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates. The person authorized to sign reports for industrial users must have the ability to authorize funds and personnel needed to ensure compliance with pretreatment standards or to correct issues of non-compliance.

(7)

"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty (20) degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l).

(8)

"Building drain" means 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 or sanitary sewer lateral beginning two feet outside the interface of the building wall.

(9)

"Building sewer" means a sewer conveying wastewater from within two feet of the premises of a user to the main sanitary sewer. Also known as a "sanitary sewer lateral."

(10)

"Carbonaceous biochemical oxygen demand (CBOD)" means the quantity of oxygen utilized in the biochemical oxidation or organic matter performed with the addition of a nitrification inhibitor, under the standard laboratory procedure of five days at twenty (20) degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).

(11)

"Categorical standards" mean National Categorical Pretreatment Standards or Pretreatment Standards.

(12)

"City" means the city of Council Bluffs, Iowa, or the city council of Council Bluffs, Iowa.

(13)

"City engineer" means the city engineer for the city of Council Bluffs, Iowa, or the city engineer's designee.

(14)

"Control authority" shall refer to the director of public works or the director's designee.

(15)

"Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

(16)

"Dental amalgam" means an alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.

(17)

"Dental discharger" means a facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by federal, state or local governments, that discharges wastewater to a publicly owned treatment works (POTW).

(18)

"Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the state of Iowa.

(19)

"Director" means the director of public works of the city of Council Bluffs, Iowa, or the director's designee.

(20)

"Environmental Protection Agency" or "EPA" means 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 such agency.

(21)

"Exempt dental practice" means any dental facility in which no amalgam is placed or removed nor is amalgam used at any time in the dental practice.

(22)

"Existing sources" means a dental discharger that is not a new source.

(23)

"Garbage" means solid waste from preparation, cooking, and dispensing of food and from the handling, storage and sale of produce.

(24)

"Grab sample" means a sample which is taken from a water stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(25)

"Hexane extractable material (HEM) means material that is extracted from a sample using EPA Method 1664 A. This material includes non-volatile hydrocarbons, vegetable oils, animal fats, waxes, soaps, grease, and related material.

(26)

"Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

(27)

"Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).

(28)

"Industrial user" means a source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(29)

"Industrial waste" means the liquid waste from industrial processes as distinct from sanitary sewage.

(30)

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

(31)

"Local control mechanism" means any discharge permit or discharge authorization issued to a user by the control authority.

(32)

"Sanitary sewer lateral" means that portion of a sanitary sewer between the public sewer main and the structure to which such lateral(s) serves. The sanitary sewer lateral includes the connection into the sewer main or any work or fixtures related or required in making the connection.

(33)

"Main sanitary sewer" means any sewer accommodating lateral and building sewers from abutting property which carry sewage and to which storm surface and ground waters are not intentionally admitted.

(34)

"Mobile unit" means a specialized mobile self-contained van, trailer, or equipment used in providing dentistry services in multiple locations.

(35)

"National Categorical Pretreatment Standards" or "Categorical Standard" means any regulation containing pollutant discharge limits promulgated by the EPA at 40 CFR Chapter I, Subchapter N, Parts 405 and 471 in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users. This term includes prohibitive discharge limits established pursuant to Section 403.5.

(36)

"National Pollution Discharge Elimination System" or "NPDES permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

(37)

"Natural outlet" means any outlet into a water course, pond, ditch, lake, or other body of surface or ground water.

(38)

"New source" means 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 such construction meets the criteria of 40 CFR 403.3(k).

(39)

"New sources" means a dental discharger whose first discharge to a POTW occurs after July 15, 2017, or where a transfer of ownership occurs.

(40)

"Pass through" means a discharge which exits the POTW 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 requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

(41)

"Person" means 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. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.

(42)

"pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions.

(43)

"Pollutant" means 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.

(44)

"Pollution" means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

(45)

"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature 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 a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or by other means, except as prohibited by 40 CFR Section 403.6(d).

(46)

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

(47)

"Publicly owned treatment works (POTW)" means a treatment works as defined by Section 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 wastewater to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.

(48)

"POTW treatment plant" means that portion of the POTW designed to provide treatment to wastewater.

(49)

"Public sewer" means a sewer in which all owners of the abutting properties have equal rights and which is controlled by public authority.

(50)

"Sanitary sewer" means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(51)

"Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

(52)

"Sewer" means a pipe or conduit for carrying sewage.

(53)

"Shall" is mandatory. "May" is permissive.

(54)

Significant industrial user.

(A)

Except as provided in subsection (54)(B) of this section, the term "significant industrial user" means:

i.

All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

ii.

Any other industrial user that: discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or is designated as such by the control authority 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.

(B)

Upon a finding that an industrial user meeting the criteria in subsection (54)(a)(ii) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirements, the control authority 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)(6), determine that such industrial user is not a significant industrial user.

(55)

Significant Noncompliance. An industrial user is in "significant noncompliance" with the terms of its wastewater discharge permit if its violation meets one or more of the following criteria:

(A)

Chronic violation of discharge limits, which occurs when sixty-six (66) percent or more of all measurements taken for the same pollutant during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l).

(B)

Technical review criteria (TRC) violation, which occurs when thirty-three (33) percent or more of all measurements for the same pollutant parameter taken during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease HEM, and 1.2 for all other pollutants except pH);

(C)

Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long term average, instantaneous limit, or narrative standard)that causes, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

(D)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

(E)

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;

(F)

Failure to provide, within thirty (30) days the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;

(G)

Failure to accurately report noncompliance;

(H)

Any other violation or group of violations, which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(56)

"State" means state of Iowa.

(57)

"Standard industrial classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

(58)

"Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.

(59)

"Stormwater" means any flow occurring during or following any form of natural precipitation and resulting there from.

(60)

"Suspended solids" means 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.

(61)

"Total suspended solids (non-filterable) TSS" means the retained material on a standard glass fiber filter (typically 934-AH) after filtration of a well-mixed sample.

(62)

"Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.

(63)

"User" means any person who contributes, causes or permits the contribution of wastewater into the city's POTW.

(64)

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

(65)

"Watercourse" means a channel in which a flow of water occurs either continuously or intermittently.

(66)

"Waters of the state" means 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.

(67)

"Wastewater discharge permit" is defined as set forth in Section 5.10.120 of this chapter.

(68)

"Wye or Y branch" means a prefabricated section of the main sanitary sewer or any construction or alterations to the sanitary sewer main for the purpose of connecting a sewer lateral.

(Ord. 5534 § 1, 2001).

(Ord. No. 6227, § 1, 3-9-2015; Ord. No. 6282, § 1, 10-10-2016; Ord. No. 6303, § 1, 9-25-2017).