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Article 6
Sec 7.06.001
Definitions

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LOCAL LIMITS mean limits placed on pollutants which would interfere with the operation of the POTW treatment plant; interfere with sludge processes, use or disposal; cause a violation of the POTW's NPDES permit; or degrade the water quality of the receiving body of water. Local Limits, which may be developed from time to time pursuant to 40 CFR 403.5(c), as may be amended from time to time, establish the maximum allowable headworks loading of pollutants on the POTW treatment plant and are separate and distinct from Specific Pollutant Limitations set forth in Section 7.06.007 of this Article.

MEDICAL WASTE means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

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:

1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. 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 extent 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.

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 2 or 3 above but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

1. Begun, or caused to begin as part of a continuous onsite construction program

a. Any placement, assembly, or installation of facilities or equipment, or
b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. 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.

NONDOMESTIC USER means any person who contributes, causes or permits the contribution of nondomestic wastes into the City's POTW, either directly or by indirect sewer discharge.

NONDOMESTIC WASTES means the wastes from industrial processes (including wastes from any sources identified as industrial users as defined in this Section), trade or business (including food preparation concerns and businesses operated from a residence), as distinct from domestic or sanitary wastes.

NPDES (denoting National Pollutant Discharge Elimination System) means the denoted system or the permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).

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OIL AND GREASE means oil, fat, grease or other substance measured by standard laboratory method.

OXYGEN DEMAND means the quantity of oxygen utilized in the oxidation of substances in a specified time, at a specified temperature, and under specified conditions.

PASS THROUGH means a discharge which exits the POTW into waters of the State 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation.

PERSON means any individual, firm, company, association, society, corporation, group, partnership, copartnership, 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.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

POLLUTANT means any filter backwash, 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 nondomestic, domestic, municipal, and agricultural waste discharged into water.

POLLUTION means contamination or other alteration of the physical, chemical or biological properties of any water of the State, including change in temperature, taste, color, turbidity or odor of the waters, or discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the State which will or is reasonably certain to create a nuisance or render the waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, industrial, agricultural, recreational or other legitimate beneficial uses, or to wild animals, birds, fish or other aquatic life.

POTW (denoting Publicly Owned Treatment Works) means the treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the State or a municipality, including any devices and 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 the POTW wastewater treatment plant. The term also means the municipal entity having jurisdiction over the discharges to and from such a treatment works.

PRETREATMENT means 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 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 other means, except as prohibited by 40 CFR 403.6 (d), as may be amended from time to time.

PRETREATMENT REQUIREMENT means any substantive or procedural requirement contained in the City's approved pretreatment program imposed on a nondomestic user, other than a pretreatment standard.

PRETREATMENT STANDARDS means prohibited discharge standards which appear in Section 7.06.005 of this Article, categorical pretreatment standards, pollutant discharge limits promulgated by the Missouri Clean Water Commission in accordance with Section 644.026(16) RSMo, which apply to industrial users, Specific Pollutant Limitations which appear in Section 7.06.007 of this Article, and Local Limits.

PROPERLY SHREDDED GARBAGE means the wastes from the preparation, cooking, and dispensing of food that have 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 means a sewer that is owned by the City of Independence.

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