The objectives of Chapters 13.12 through 13.24 are:
Unless the context specifically indicates otherwise, the meaning of terms used in Chapters 13.12 through 13.24 shall be as follows:
"Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
"Authority" means the state or local government entity enacting and enforcing this chapter.
"Applicable pretreatment standards" means local/State or Federal standards, whichever are more stringent.
"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter.
“Building drain" means that part of the lowest 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, beginning two (2) feet (.6 meters) outside the building wall.
"Building sewer" is part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system or other point of disposal.
"Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.
“Categorical Pretreatment Standards" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW (see definition) by specific industrial discharges.
"Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
"Discharger/industrial discharger" means any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
"Easement" means an acquired legal right for the specific use of land owned by others.
"Floatable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
"Hauled wastes" means any sewage or wastewater contained in a tank or similar apparatus and which is transportable by vehicle, rail car or other mode.
"Indirect discharge" means the discharge or the introduction of non-domestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into a POTW.
"Industrial wastes" means the solid, liquid or gaseous wastes resulting from any industrial manufacturing, trade, or business processes or from the development, recovery or processing of natural resources.
"Interference" means an inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW's MPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): 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, and the Toxic Substances Control Act. An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with the above-cited authorities whenever such user:
"Motel and Hotel" means a building or group of buildings on the same premises either detached or in connected rows; containing sleeping or dwelling units, and designed for, or occupied with an ordinary rental period not exceeding two weeks.
"Multi-unit dwelling" means a building containing a unit or combination of units with individual bath and kitchen facilities. This definition includes apartments, condominiums, townhouses, and duplexes, triplexes, etc. A seasonal multi-unit dwelling is an individual unit of a multi-unit dwelling which is occupied on an intermittent basis and is not utilized as a primary residence.
"Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"New source discharger" means any new industrial discharger to the City's wastewater system subject to the provisions of this chapter.
"O&M" means operation and maintenance.
"Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
"Pass through" means a discharge which exits the POTW into waters of Montana 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 Montana Pollutant Discharge Elimination System (MPDES) Permit (including an increase in the magnitude or duration of a violation).
"Person" means any individual, firm, company, association, society, corporation or group.
"Ph" means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a Ph value of seven and a hydrogen ion concentration of ten to the power of minus seven.
"Pollutant" means any substance discharged into a POTW or its collection system, including the EPA List of 126 Priority Pollutants; and substances which create a fire or explosion hazard, cause corrosive structural damage, solid or viscous substances which could cause obstruction to flow in sewers, substances released in such volume or strength as to cause interference in the treatment plant, heat in amounts which will inhibit biological activity at the treatment plant, and heavy metals and similar toxic substances which could cause upset treatment plant operations.
"POTW" means publicly owned treatment works and includes any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the authority.
"Pretreatment" means the 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.
"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 and one-half inch (1.27 centimeters) in any dimension.
"Public sewer" means a sewer in which all owners of abutting properties have equal rights, and which is controlled by a public authority.
"Residential building" means and includes only the following types of buildings and structures: single-family residential, duplexes, triplexes, apartment houses, motels, hotels, trailer courts, and multi-unit dwellings.
"Sanitary sewer" means a sewer which carries sewage from residences, commercial buildings, industrial plants, and institutions and to which ground, storm and surface waters are not intentionally admitted.
"Service connection" is the point at which the building sewer connects to the public sewer.
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
“Sewage" is water-carried human wastes or a combination of the water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with such ground, storm, and surface waters as may be present.
“Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.
"Sewer" means any pipe, conduit, ditch, or other device used to collect and transport sewage, wastewater or stormwater from the generating sources.
"Sewer user" is any individual, firm, company, association, society, corporation, or group who has connected to the sewer system.
"Shall" is mandatory. (See "may".)
"Significant industrial discharger" is any industrial user of the City's wastewater disposal system who:
"Single-family residence" means a building designed for and used exclusively for residence purposes by one family. This definition shall include a single mobile home not located in a mobile home court.
"Slug load" means any pollutant (including biochemical oxygen demand) released in a discharge at a flow rate or concentration which will cause a violation of the discharge prohibitions in Section 13.14.040 or which adversely affects the collection system and/or performance of the wastewater treatment works.
"Storm drain" (sometimes termed "storm sewer") means a drain or sewer for conveying stormwater, groundwater, subsurface water, or unpolluted water from any source.
"Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.
"Toxic pollutants" includes but is not limited to those substances and chemical compounds listed in EPA's list of 126 Priority Pollutants, as amended.
"Trailer court or mobile home park" means any area or site or land upon which two or more trailers are placed and maintained for dwelling purposes, either on a permanent or semi-permanent basis.
"Unpolluted water" is water of a quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
"Upset" means an exceptional incident in which a treatment works is unintentionally and temporarily in a state of noncompliance with the discharge standards due to substances introduced into the treatment works and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
"Wastewater" means industrial wastes and/or sewage or any other waste including that which may be combined with any groundwater, surface water, and stormwater, that may be discharged to the POTW.
"Wastewater facilities" means the structures, equipment, and processes required to collect, convey and treat wastewater and dispose of the effluent and sludge.
"Wastewater treatment works" means an arrangement of devices and structures treating wastewater and sludge. It is sometimes used synonymously with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant" or "POTW".
"Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.
Any other term not herein defined shall be defined as presented in the "Glossary -- Water and Sewage Control Engineering," A.P.H.A., A.S.C.E. and W.P.C.F., latest edition. (Ord. 2645, 1993; Ord. 2601, 1991, §13.20.011; Ord. 2551 §§ 2, 3, 1989; Ord. 2532 §3, 1989; Ord. 2531 §§1, 2, 1989, Ord. 2386 Exh. A (part), 1985).
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or objectionable waste. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.020).
Except as provided in Section 13.12.070, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.040).
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is required at the owner's(s') expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within ninety days after the date of an official notice to do so, provided the City determines that a service line can reasonably be connected to the public sewer. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.050).
Where a public sanitary or combined sewer is not available under the provisions of Section 13.12.060, the building sewer shall be connected to a private wastewater disposal system complying with the regulations of the City-County Board of Health. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.150).
Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and the means of disposal which are subject to review by the City. Any removal and hauling of the collected materials not performed by owner's(s') personnel must be performed by currently licensed waste disposal firms. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, prior code section 13.20.110).
When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, control manhole or monitoring facility together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes by the owner and the City. Such structure, when required, shall be constructed in accordance with plans approved by the City, shall be installed by the owner at the owner’s expense, and shall be maintained by the owner so as to be safe, accessible and in proper operating conditions at all times. (Ord. 2386 Exh. A (part), 1985, §13.20.130).
Any property owner, or sewer user violating the provisions of this section shall, upon notice by the City, immediately install such pretreatment facilities through separators, traps, and/or chemical, physical, or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this chapter. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.142).
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at the owner’s expense. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.120).
All analyses shall be performed in accordance with procedures established by the EPA pursuant to Section 304(h) of the Act and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the City or other parties, approved by EPA. Samples shall be taken at the monitoring facility provided. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.140).
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial user whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore by the industrial user, except that no agreement will relieve the industrial user of obligation under pretreatment regulations 40 CFR Part 403 or any promulgated categorical pretreatment standards. (Ord. 2645, 1993; Ord. 2386 Exh. A (part), 1985, §13.20.141).