Ordinance No. 1091
WHEREAS, the Indiana Department of Environmental Management ("IDEM") has required that certain amendments be made to the Speedway Municipal Code (the "Code") regarding industrial wastes;
WHEREAS, the Town Council acting on behalf of the Town of Speedway, Indiana (the "Town") desires to make such amendments to comply with IDEM's requirements.
NOW THEREFORE, BE IT ORDAINED by the Town Council of the Town of Speedway, Indiana that:
Section 1. Section 13.32.100 of the Code is hereby deleted in its entirety and replaced with the following:
"13.32.100 Definitions.
Unless the context specifically indicates otherwise, the meanings of the following terms as used in Sections 13.32.100 through 13.32.1100 or as used in the rules and regulations adopted by the town board of trustees to implement the provisions of Sections 13.32.100 through 13.32.1100 shall be as follows:
(1) "Act" means the Clean Water Act (33 U.S.C. 1251, et seq.), as amended.
(2) "Applicable pretreatment standard" means any pretreatment limit or prohibitive standard (federal, state and/ or local) contained in Sections 13.32.100 through 13.32.1100 and considered to be the most restrictive with which non-domestic users will be required to comply.
(3) "Approval authority" means the United States Environmental Protection Agency (US EPA).
(4) "Authorized representative of industrial user" means an authorized representative of an industrial 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 industrial user is a partnership or proprietorship, respectively; or
(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.
(5) "Biochemical oxygen demand" (or BOD) of sewage, sewage effluent, polluted waters or industrial wastes means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20 degrees Centigrade. The laboratory determination shall be made in accordance with the methods contained in 40 CFR 136 or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to Sections 13.32.100 through 13.32.1100.
(6) "Categorical pretreatment standards" means National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutants properties which may be discharged or introduced into a POTW by specific industrial discharges.
(7) "Chemical oxygen demand" (or COD) of sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with the methods contained in 40 CFR 136 or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to Sections 13.32.100 through 13.32.1100.
(8) "Composite sample" means a composite sample which should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
(9) "Control Authority" means the Town of Speedway.
(10) "Effluent" means the water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
(11) "Emergency" means a combination of unforeseen circumstances which require an immediate remedy. Said emergency shall be declared by the town board of trustees and shall be limited to a specific time period.
(12) "Garbage" means any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.
(13) "Grab sample" means a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.
(14) "Ground garbage" means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in public sewers, with no particle being greater than one-half inch in dimension.
(15) "Industrial user" means any industrial or commercial establishment that discharges industrial (process) wastewater to a publicly owned treatment works.
(16) "Industrial wastes" means any solid, liquid or gaseous substance or form of energy discharges, permitted to flow or escaping from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource.
(17) "Influent" means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(18) "Interference" means the inhibition or disruption of a POTW's sewer system, treatment processes or operations which may contribute to a violation of any requirement of its NPDES permit.
(19) "Major contributing industry" Except as provided in paragraph (C) of this section, the term "Major contributing industry" means:
(A) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
B) Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 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 as defined in 40 CFR 403.12(a) 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 (in accordance with 40 CFR 403.8(f)(6)).
(C) Upon a finding that an industrial user meeting the criteria in paragraph (B) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12(a)) may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a major contributing industry.
(20) "New source" means any source, the construction of which is started after the publication of proposed regulations stating a categorical pretreatment standard will be applicable to such source, provided the standard is promulgated within one hundred twenty days of its proposal in the federal register. Where the standard is promulgated later than one hundred twenty days after its proposal, a new source means any source in which construction is started after the date of promulgation of the standard.
(21) "Normal domestic sewage" as defined for the purpose of determining eligibility for payment of surcharge means sewage having an average daily suspended solids concentration of not more than two hundred fifty milligrams per liter, an average daily BOD of not more than two hundred milligrams per liter.
(22) "NPDES" means National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or State.
(23) "Outlet" means any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body of surface or ground water.
(24) "Person" means any individual, partnership, firm, company, association, society, corporation, institution or group.
(25) "pH" means the logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram--atom per liter of solution.
(26) "POTW" means public owned treatment works.
(27) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.
(28) "Sanitary sewage" means sewage discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions and from stormwater, surface water and industrial wastes.
(29) "Sewage" means the water--carried wastes from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground waters, surface waters and storm waters as may be present.
(30) "Sewage treatment plant" or "wastewater treatment plant" means the arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.
(31) "Sewer" means a pipe or conduit for carrying sewage or other waste liquids.
(A) "Combined sewer" means a sewer which carries both stormwater, surface water and groundwater runoff and sewage.
(B) "Public sewer" means a sewer in which all owners of abutting property have equal rights and which is controlled by public authority.
(C) "Sanitary sewer" means a sewer which carries sewage and to which stormwater, surface water and groundwater drainage excludes sewage.
(32) "Sewer system" means the network of sewers and appurtenances used for collecting, transporting and pumping sewage to the sewage treatment plant.
(33) "Shall" is mandatory; "may" is permissible.
(34) "Significant Industrial User" (SIU) means the same as "major contributing industry in section 19.
(35) "Standard methods" means the laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Waste-water" prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
(36) "Superintendent" means the superintendent of the sewage treatment plant (or wastewater treatment plant) of the town of Speedway or his duly authorized representative.
(37) "Suspended solids" means solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determinations shall be made in accordance with procedures set forth in "Standard Methods."
(38) "Town" means the Town of Speedway, Indiana or any duly authorized officials acting in its behalf.
(39) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the applicable standard due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation of the facilities.
(40) "Wastecourse" means a channel in which a flow of water occurs either continuously or intermittently."
Section 2. This Ordinance shall be effective upon passage.
PASSED AND ADOPTED by the Town Council of the Town of Speedway, Indiana this 27th day of August, 2007.