§ 53.02 DEFINITIONS.
   For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AMMONIA NITROGEN (OR NH3-N). All of the nitrogen in water, sewage or other liquid waste present in the form of ammonia, ammonia ion or in the equilibrium NH + NH + H +.
   BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer beginning three feet outside the building wall.
   BUILDING DRAIN - SANITARY. A building drain which conveys sanitary or industrial sewage only.
   BUILDING DRAIN - STORM. A building drain which conveys storm water or other clear water drainage, but no wastewater.
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. (Also called HOUSE CONNECTION)
   BUILDING SEWER - SANITARY. A building sewer which conveys sanitary or industrial sewage only.
   BUILDING SEWER - STORM. A building sewer which conveys storm water or other clear water drainage, but no sanitary or industrial sewage.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20º C., usually expressed as a concentration (for example, mg/l). The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
   CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD). The CBOD of sewage, sewage effluent, polluted waters or industrial wastes, shall mean the depletion of dissolved oxygen by biological organisms in a body of water in which the contribution from nitrogenous bacteria has been suppressed. The laboratory determinations of CBOD shall be made in accordance with procedures set forth in Standard Methods.
   CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard.
   CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any federal regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the 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.
   CHEMICAL OXYGEN DEMAND (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 procedures set forth in Standard Methods.
   COMPATIBLE POLLUTANT. Total suspended solids, biochemical oxygen demand, ammonia- nitrogen, TSS, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of the additional pollutants which may be considered compatible include:
      (1)   Chemical oxygen demand;
      (2)   Total organic carbon;
      (3)   Phosphorus and phosphorus compounds;
      (4)   Nitrogen and nitrogen compounds; and
      (5)   Fats, oils and greases of animal or vegetable origin (except as prohibited where these materials would interfere with the operation of the treatment works).
   DAILY MAXIMUM. The daily maximum discharge limitation is the maximum allowable daily discharge for any calendar day. The DAILY DISCHARGE means the total mass of a pollutant discharged during the calendar day or, in the case of a pollutant limited in terms other than mass pursuant to 327 IAC 5-2-11(e), the average concentration or other measurement of the pollutant specified over the calendar day or any 24-hour period that represents the calendar day for the purposes of sampling.
   COMPOSITE SAMPLE (24-hour). A 24-hour composite sample consists of at least six individual flow-proportioned samples of wastewater, taken by the grab sample method over equal time intervals during the period of operator attendance or by an automatic sampler, and which are combined prior to analysis. A flow proportioned composite sample shall be obtained by:
      (1)   Recording the discharge flow rate at the time each individual sample is taken;
      (2)   Adding together the discharge flow rates recorded from each individual sampling time to formulate the total flow value;
      (3)   Dividing the discharge flow rate of each individual sampling time by the total flow value to determine its percentage of the total flow value; and
      (4)   Multiplying the volume of the total composite sample by each individual sample's percentage to determine the volume of that individual sample which will be included in the total composite sample.
   CONTROL AUTHORITY. The Commissioner of the Indiana Department of Environmental Management.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
   ESCHERICHIA COLI (E.COLI). Any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
   EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
   FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the town.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   GENERAL PROHIBITIONS. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
   GRAB SAMPLE. A random sample which is taken from a wastestream without regard to the flow in the wastestream or time of day and over a period of time not to exceed 15 minutes.
   GREASE AND OIL. A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. GREASES AND OILS are defined by the method of their determination in accordance with Standard Methods.
   HAZARDOUS WASTE. Any waste defined as a hazardous waste under 40 CFR Part 261.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
   INDIRECT DISCHARGER. A nondomestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the town.
   INDUSTRIAL USER. An indirect discharger that may include any industrial or commercial establishment, manufacturing, or processing facility that discharges a non-domestic waste to a POTW.
   INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge non-domestic waste into any sanitary sewer as issued by the POTW.
   INDUSTRIAL WASTES. Any solid, liquid, or gaseous substance or form of energy discharged, permitted to flow or escaping from an industrial, manufacturing, commercial, or business process or from the development, recovery, or processing of any natural resource carried on by any person and shall further mean any waste from a non-domestic user.
   INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (INFILTRATION does not include and is distinguished from INFLOW.)
   INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
   INFLOW. The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders, cellars, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, storm waters, surfaces run-off, street wash waters or drainage. (INFLOW does not include, and is distinguished from INFILTRATION.)
   INSPECTOR. The person or persons duly authorized by the town, through its Town Council, to inspect and approve the installation of building sewers and their connection to the public sewer system and activities related to the evaluation and assurance of compliance relative to any such connection.
   INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources:
      (1)   Inhibits or disrupts the treatment processes or operations, sludge processes, or selected sludge use or disposal methods of a POTW;
      (2)   The inhibition or disruption under division (1) of this definition must:
         (a)   Cause a violation of a requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation; or
         (b)   Prevent the use of the POTW's sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent state or local regulations:
            1.   Section 405 of the Clean Water Act (33 USC 1345);
            2.   The Solid Waste Disposal Act (SWDA) (42 USC 6901), including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and the rules contained in a state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 USC 6941);
            3.   The Clean Air Act (42 USC 7401); The Toxic Substances Control Act (15 USC 2601).
   LOCAL LIMIT. Specific discharge limits developed and enforced by the town upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
   MONTHLY AVERAGE. The monthly average discharge means the total mass or flow-weighted concentration of all daily discharged during a calendar month on which daily discharges are sampled or measured, divided by the number of daily discharges, sampled and/or measured during such calendar month. The monthly average discharge limitation is the highest allowable average monthly discharge for any calendar month.
   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.
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   NON-SIGNIFICANT INDUSTRIAL USER (formerly Minor Contributor). A non-major contributor that:
      (1)   Has potential for discharging pollutants that could violate specific local limits;
      (2)   Has potential for accidental spill or slug discharges of pollutants to the sewage system.
   NORMAL DOMESTIC SEWAGE. For the purpose of determining surcharges. wastewater or sewage having an average daily concentration as follows:
      (1)   CBOD not more than 250 mg/l;
      (2)   COD not more than 500 mg/l;
      (3)   Total suspended solids not more than 250 mg/l;
      (4)   Ammonia-nitrogen not more than 25 mg/l; and
      (5)   Phosphorus not more than 10 mg/l.
   NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the navigable waters of the United States pursuant to § 402 of P.L. 92-500.
   PASS THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources are 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.
   pH. The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram-atoms per liter of solution. A measure of the acidity or alkalinity of a solution, expressed in standard units.
   PERSON. Any individual, firm, company, association, society, corporation or group discharging any wastewater to the treatment works.
   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, such as, pH, temperature, TSS, turbidity, color, CBOD, 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 to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CFR Section 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under Section 307 of Public Law 95-217, under regulation 40 CFR Part 403 pursuant to the Act, and amendments.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
   PRETREATMENT STANDARDS. State pretreatment standards as established in 327 IAC 5-18-8; pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; national categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10; and local limits as identified herein.
   PRIVATE SEWER. Any sewer that is not located on a public street, alley or easement dedicated to the town.
   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 53.05.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food that has 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 one-half inch in any dimension.
   PUBLIC SEWER. Any sewer that is located in a public street, public alley or easement dedicated to the town.
      (1)   COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
      (2)   FORCE MAIN. A pipe in which wastewater is carried under pressure.
      (3)   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
   PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works owned by the state or a municipality, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
   PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
   SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground waters are not intentionally admitted.
   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, (including polluted cooling water). The most common types of sewage are:
      (1)   INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
      (2)   SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL. The act referred to is mandatory.
   SIGNIFICANT INDUSTRIAL USER. Industrial users subject to categorical pretreatment standards under 327 IAC 5-18-110. An industrial user that:
      (1)   Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW;
      (2)   Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
      (3)   Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
         (a)   Adversely affect the POTW's operation;
         (b)   Violate a pretreatment standard; or
         (c)   Violate a requirement of 327 IAC 5-19-3.
      (4)   The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 IAC 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet division (3) above.
   SIGNIFICANT NONCOMPLIANCE. Shall include any of the following violations:
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement as defined by § 53.06;
      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including daily maximum limits, as defined by § 53.06 multiplied by the applicable criteria (1.4 for CBOD, TSS, fats, oils, and grease, 1.2 for all other pollutants except pH);
      (3)   Any other discharge violation of a pretreatment standard or requirement as defined by § 53.06 (daily maximum, long-term average, or narrative standard) that the Wastewater Superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
      (4)   Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Town Council's exercise of its emergency authority to halt or prevent such a discharge;
      (5)   Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation(s), which may include best management practices (BMPs), that the Town Council upon recommendation of the Wastewater Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act, PL 94-580.
   SLUG LOAD or SLUG. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 53.05. A SLUG DISCHARGE is any discharge of a non- routine, episodic nature, including but not limited to an accidental spill or a non customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   STANDARD METHODS. The laboratory procedures set forth and in accordance with 40 CFR Part 136 and amendments thereto or with any other test procedures approved by EPA.
   STORM SEWER. A sewer which is designed to carry only storm water but excludes other liquid and water-carried wastes.
   STORMWATER. Water resulting from rain, melting or melted snow, hail or sleet.
   TOTAL SUSPENDED SOLIDS. 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 determination shall be made in accordance with procedures set forth in Standard Methods.
   TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants, which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to § 307(a) of P.L. 92-500.
   UNPOLLUTED WATER. Water of 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. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
   VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 55°C for 15 to 20 minutes. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
   WASTE. Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing, or industrial operation of whatever nature, including such waste placed within containers or whatever nature prior to, and for purposes of, disposal.
   WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
   WASTEWATER SUPERINTENDENT. The Wastewater Superintendent of the POTW of the town or his or her authorized deputy, agent or representative.
   WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
   WATERS OF THE STATE. Any water, surface or underground, within the boundaries of Indiana, except confined waters in sewers, tanks, etc.
(Ord. 2019-5, passed 4-22-19)