Section 1 - General Provision

1.4 Definitions

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

Approval Authority. The Regional Administration of US EPA Region V.

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 ay 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 of expenditures exceeding twenty-fine (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 maters for the company, and the written authorization is submitted to the Board.

Biochemical Oxygen Demand or BOD5. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/l).

Board. The City of Peru Utility Service Board, or any other duly authorized officials acting on its behalf.

Bypass. The intentional diversion of waste streams from any portion of an Industrial User’s 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 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.

Clear Water Flow. Groundwater of precipitation related water which enters the sanitary sewer collection system through pipe defects (infiltrations) or conduits (inflow).

Combined Sewer. Sewer which carries both sanitary and storm water flow by design.

Council. The Common Council of the City of Peru, Indiana.

City. The City of Peru under the jurisdiction of the Peru City Council

Composite Sampling. Method of sampling which weights sample volume with discharge flow rate.

Environmental Protection Agency or EPA. The U. S. Environmental Protection Agency or, where appropriate, the Region V 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.

Fats, Oils & Greases. Non-polar oily wastes, oils from organic sources.

Grab Sample. A sample which is taken from a waste stream 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 non-domestic source regulated under Section 307 (b), (c) or (d) of the Act.

Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

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; and therefore, 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 there under, or anymore 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.

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.

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 sections, 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 extend 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 Section (1)(b) or (c) above by 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 a part of a continuous on-site construction program any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing building, 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.

Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Owner. The record owner of the property according to the assessment or transfer records in the office of the Auditor of Miami County, Indiana, whose address shall be deemed to be the mailing address of the property unless the owner has notified the business office of Peru Utilities at 335 East Canal Street, Indiana 46970, by certified mail with return receipt of a different address than that of the property.

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 (IN 0032328) or the NPDES for the Grissom Aeroplex POTW (IN 0024902), including an increase in the magnitude or duration of a violation.

Person. Any individual, limited liability company (LLC), partnership, 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, BOD5, 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 2.1 of this ordinance.

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.

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.).

Significant Industrial/Commercial User (SIU).

A user subject to categorical pretreatment standards; or

A user that:

  1. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler lowdown wastewater);
  2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or
  3. Is designated as such by the Utility Services Board on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
  4. 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 Board 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.

Significant Noncompliance (SNC). For compliance provisions of the Ordinance, Significant Noncompliance (SNC) is defined as follows:

Violations of Wastewater Discharge Limits

A. Chronic Violations. Sixty-six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit in a six (6) month period.

B. Technical Review Criteria (TRC). Thirty-three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six (6) month period.

There are two (2) groups of TRCs:

  • Group I for conventional pollutants such as BOD5, COD, TSS, fats, oil and grease) TRC = 1.4 (40%)
  • Group II for all other pollutants TRC - 1.2 (20%)

C. Any other violations(s) of an effluent limit (average or daily maximum) that the Superintendent believes has caused, along or in combination with other discharges, interference (e. G. slug loads) or pass-through; or endangered the health of the sewage treatment personnel or the public.

D. Any discharge of a pollutant which has caused imminent endangerment to human health/welfare or to the environment and resulted in the POTWs exercise of this emergency authority to halt or prevent such a discharge.

Violation of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.

Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90-day compliance reports, and periodic reports) within 30 days from due date.

Failure to accurately report non-compliance.

Any other violation or group of violations which the Superintendent considers to be significant.

Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance.

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

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

Upset. An exceptional incident in which there is an unintentional incident and temporary noncompliance with categorical and/or permitted Pretreatment Standards because of factors beyond the reasonable control of Industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation.

Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

User or Industrial User. A source of indirect discharge.

Superintendent. The General Manager (Superintendent, as defined by IC8-1.5-3-5) designated by the City of Peru Utility Service Board who is (are) charged with certain duties and responsibilities by this ordinance, or a duly authorized representative.

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

Wastewater Discharge Permit. A permit issued by the City to a user of the wastewater utility which establishes specific conditions and requirements.

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

1.3 Abbreviations

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

  • BOD5 - Biochemical Oxygen Demand - 5 Day
  • CFR - Code of Federal Regulations
  • COD - Chemical Oxygen Demand
  • EPA - U.S. Environmental Protection Agency, Washington DC
  • EPA Reg. V - U.S. Environmental Protection Agency, Chicago, Illinois
  • FOG - Fats, Oil and Grease
  • gpd - gallons per day
  • IAC - Indiana Administrative Code
  • IC - Indiana Code
  • I/I - Inflow and Infiltration (Clear Water Flow)
  • IDEM - Indiana Department of Environmental Management
  • IWP - Industrial Wastewater Discharge Permit
  • MGD - Million Gallons per Day
  • mg/l - milligrams per liter
  • NPDES - National Pollutant Discharge Elimination System
  • O & G - Oil and Grease
  • POTW - Publicly Owned Treatment Works
  • RCRA - Resource Conservation and Recovery Act
  • SIC - Standard Industrial Classification
  • SNC - Significant Noncompliance
  • SIU - Significant Industrial User
  • TSS - Total Suspended Solids
  • U.S.C. - United States Code
  • WDP - Wastewater Discharge Permit
1.2 Administration

Except as otherwise provided herein, the Utilities’ Superintendent shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other City Utilities personnel.

1.1 Purpose & Policy

This ordinance sets forth uniform requirement for user of the Publicly Owned Treatment Works for the City of Peru and for the Grissom Aeroplex and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) And the General Pretreatment Regulations (40 CFR Par 403). The objectives of this ordinance are:

A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving water, or otherwise be incompatible with the Publicly Owned Treatment Works;
C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;
E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
F. To enable the City to comply with the two National Pollutant Discharge Elimination System Permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject.

This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.