Unless otherwise indicated by the specific context, the meanings of the terms used in this chapter are as follows:

Abbreviations. The following abbrevia-tions shall mean:

APHA Χ American Public Health Association;

ASTM Χ the American Society of Testing Materials or publications thereof;

AWWA Χ American Water Works Association;

BOD Χ Biochemical oxygen demand;

CFR Χ Code of Federal Regulations;

COD Χ chemical oxygen demand;

EPA Χ Environmental Protection Agency;

KDHE Χ Kansas Department of Health and Environment;

l Χ liter;

mg Χ milligrams;

mg/l Χ milligrams per liter;

NPDES Χ National Pollutant Discharge Elimination System;

POTW Χ publicly owned treatment works;

SIC Χ Standard industrial classification;

SWDA Χ Solid Waste Disposal Act, 42 USC 6901, et seq.;

TSS Χ total suspended solids;

USC Χ United States Code;

WPCF Χ Water Pollution Control Federation.

“Act” or “the act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.

“Approved authority” means the director of the Kansas Department of Health and Environment, the agency which administers the NPDES permit program.

“Authorized representative of industrial user” means any one of the following:

1. A principal executive officer of at least the level of vice-president, if a corporation;

2. A general partner or proprietor if a partnership or proprietorship, respectively;

3. 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.

“BOD (biochemical oxygen demand)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Centigrade, expressed in milligrams per liter.

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building that conveys it to the building sewer beginning two feet outside the building wall.

“Building inspector” means the person designated by city to issue building permits and to process sewer connection permits.

“Building sewer” means the extension from the building drain to the public wastewater collection system or other place of disposal which includes the service connection “Y” fitting Χ installed by the public utility department Χ designed for connection to the public sewer.

“City” means the city of El Dorado, Kansas.

“City engineer” means a licensed professional engineer employed by the city as a staff member or as a consultant.

“COD (chemical oxygen demand)” means the quantity of oxygen required to oxidize organic matter in a waste sample, under specific conditions of oxidizing agent, temperature and time.

“Combined sewer” means sewers receiving both surface runoff and sewage.

“Control authority” means the approval authority as defined in this section, or the city’s director of public utilities if the city has an approved pretreatment program under provisions of 40 CFR, 403.12.

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

“Direct discharge” means discharge of treated or untreated wastewater directly to the waters of the state.

“Director of public utilities” means the person designated by the city to supervise operation of the publicly owned treatment works (POTW), and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.

“Domestic (sewage) wastewater” means normal wastewater for the city in which the average concentration of suspended solids is established at two hundred fifty (250) mg/l; the average concentration of five-day BOD is established at two hundred (200) mg/l.

“Environmental Protection Agency (EPA)” means the United States Environmental Protection Agency, or other duly authorized official of the agency.

“Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce.

“Governing body” means the city commission of the city of El Dorado.

“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.

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

“Indirect discharge” means discharge or introduction of nondomestic pollutants from any course regulated under Section 307(b) or (c) of the act, (33 USC 1317) into the POTW (including holding tank waste discharge into the system).

“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 USC 1342).

“Industrial wastes” means liquid wastes from industrial processes as distinct from domestic waste.

“Industrial wastewater” means wastewater in which industrial wastes predominate.

“Interference” means inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the act (33 USC 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance Control Act, or more stringent state criteria.

“Living quarters” means one or more habitable rooms occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, bathing, cooking and eating.

“National categorical pretreatment standard” or “pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the act (33 USC 1347) which applies to a specific category of industrial users.

“National Pollutant Discharge Elimination System (NPDES) permit” means a permit issued pursuant to Section 402 of the act (33 USC 1342).

“National prohibitive discharge standard” or “prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) or the act (40 CFR, Part 403.5).

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

“New source” means any source, the construction of which is commenced after the publication of proposed regulations prescribed in Section 307(c) of the act (33 USC 1317), categorical pretreatment standard, which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the federal register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.

“Permit” means a properly prepared and executed form authorizing a user to connect to the POTW and public sewer system under terms and conditions defined by the director of public utilities.

“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. Masculine gender shall include the feminine, the singular shall include the plural where indicated by context.

“pH” means the logarithm (base 10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Pollutant” means any dredge 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, industrial, municipal and agricultural wastes discharged into water.

“Pollution” means man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

“Pretreatment” or “treatment” means 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 such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes and other means, except as prohibited by 40 CFR Part 403.6 (d).

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

“Properly shredded garbage” means wastes from preparation, cooking and dispensing of food that has been shredded to such a degree that all articles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the act (33 USC 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 purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the POTW.

“Sanitary sewer” means a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

“Sewage” means any liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution (see wastewater).

“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

“Sewer cleaner” means every person who is not qualified as a licensed plumber and who shall engage in or advertise or hold himself or herself out to be engaged in the business of working and performing for others in the cleaning, opening, rodding or unstopping of sanitary sewer drains; each is declared to be a sewer cleaner and must qualify as a licensed sewer cleaner as provided in this chapter.

“Sewer system” means all facilities for collecting, pumping, treating and disposing of sewage. Included in the system are the following components:

1. Lateral. A branch of the sewer system which receives discharge from a building sewer and conveys it to the sub-main or main sewer lines of the system;

2. Sub-Main. A branch of the sewer system which receives discharge from the lateral and building sewer and conveys it to the main sewer lines of the sewer system;

3. Main. The artery of the sewer system which receives discharge from branch sewers and conveys it to the sewage treatment plant;

4. Force Main/Interceptor. A main through which sewage is conveyed by pressure.

“Shall” is mandatory, “may” is permissive.

“Significant industrial user” means any industrial user of the city POTW who:

1. Has a discharge flow of twenty-five thousand (25,000) gallons or more per average work day;

2. Has a flow greater than five percent of the flow in the city wastewater system;

3. Has in their wastes toxic pollutants as defined pursuant to Section 307 of the act; or

4. If found by the city or the EPA to have significant impact, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the systems’ effluent quality, or air emissions generated by the system.

“Slug” means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five times the average twenty-four (24) hour concentration or flow quantities during normal operation.

“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.

“State” means the state of Kansas.

“Stormwater” means any flow occurring during or following any form of natural precipitation and resulting therefrom.

“Suspended solids” means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of Section 307(a) of the act, or other acts.

“Uniform Plumbing Code” means an ordinance providing minimum requirements and standards for the protection of the public health, safety and welfare.

“User” means any person who contributes, causes or permits the contribution of wastewater into the city’s POTW.

“Wastewater” means liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with substances which may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.

“Wastewater contribution contract” means an agreement between the city and industrial user which sets forth requirements for discharging into the POTW and specifies limitations in accordance with the conditions of this chapter.

“Wastewater system” is used synonymously with POTW throughout this chapter.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

“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 accumulation of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border on the state. (Prior code § 9-401(b))