§ 53.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AMMONIA (or NH3-N). Ammonia nitrogen measured as nitrogen. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods” as defined in this section.
   BIOCHEMICAL OXYGEN DEMAND (or BOD). Of sewage, sewage effluent, polluted waters, or industrial wastes shall mean the rate at which microorganisms use the oxygen in water or wastewater while stabilizing decomposable organic matter under aerobic conditions. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods” as defined in this section.
   BOARD. The town, acting through its Town Council or duly authorized officials or boards acting in its behalf.
   BUILDING (or HOUSE) DRAIN. The lowest horizontal piping of building drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to a point approximately five feet outside the foundation wall of the building or house.
      (1)   BUILDING DRAIN (SANITARY). A building drain which conveys sanitary or industrial sewage only.
      (2)   BUILDING DRAIN (STORM). A building drain which conveys stormwater or other clean water drainage, but no wastewater.
   BUILDING (or HOUSE) LATERAL SEWER. The extension from the building drain to the sewage system or other place of disposal. (Also called HOUSE CONNECTIONS.)
      (1)   BUILDING SEWER (SANITARY). A building sewer which conveys sanitary or industrial sewage only.
      (2)   BUILDING SEWER (STORM). A building which conveys stormwater or other clean water drainage, but no wastewater.
   CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (or CBOD). Of sewage, sewage effluent, polluted waters, or industrial wastes shall mean the rate at which microorganisms use the oxygen in water or wastewater while stabilizing decomposable carbonaceous organic matter under aerobic conditions. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods” as defined in this section.
   C.F.R. Code of Federal Regulations.
   CHEMICAL OXYGEN DEMAND (or COD). Of sewage, sewage effluent, polluted waters, or industrial wastes is a measure of the oxygen consuming capacity of inorganic and organic matter present in wastewater. The laboratory determination shall be made in accordance with procedures set forth in “Standard Methods”.
   COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
   COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
   COMMERCIAL USER. Any establishment involved in a commercial enterprise, business, or service which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and E. Coli bacteria, 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. The term SUBSTANTIAL DEGREE is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. 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).
   DEBT SERVICE COST. The average annual principal and interest payment on all proposed revenue bonds or other long-term capital debt.
   E. COLI. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   EPA. The U.S. Environmental Protection Agency or a duly authorized official of that agency.
   EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating compatible 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.
   FORCE MAIN. A pipe in which wastewater is carried under pressure.
   GPD. Gallons per day.
   GARBAGE. Any solid wastes from the preparation, cooking, or dispensing of food and from handling, storage, or sale of produce.
   GARBAGE, PROPERLY SHREDDED. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow condition normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
   GOVERNMENT USER. Any federal, state or local governmental user of the wastewater treatment works.
   HEAVY DEMAND SUBSTANCES. Concentrations of phosphorus, ammonia, suspended solids, or biochemical oxygen demand in sewage which exceed the levels established in this code.
   IDEM. Indiana Department of Environmental Management.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including nonbiodegradable dissolved solids, and further defined in regulation 40 C.F.R. part 403.
   INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a wastewater treatment works.
   INDUSTRIAL WASTES. Any solid, liquid, or gaseous substances or form of energy discharged, permitted to flow, or escape from an industrial, manufacturing, commercial, or business process or from the development, recovery, or processing of any natural resource carried on by a person and shall further mean any waste from an industrial 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 leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connection from storm sewers, and combined sewers, catch basins, stormwaters, surface runoff, street wash waters, or drainage. (INFLOW does not include, and is distinguishable 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.
   INSTITUTIONAL USER. Any establishment involved in a social charitable, religious, and/or educational function which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
   INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore, causes a violation of the town’s NPDES permit or prevents sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations; Section 405 of the Act; the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq., including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA), being 42 U.S.C. §§ 6901 et seq.; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq.; the Clean Air Act, being 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq.; and the Marine Protection, Research, and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
   MAY. The indication of a discretionary condition.
   MG/L. Milligrams per liter.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. § 1317) which applies to a specific category of industrial users and which appear in 40 C.F.R., Chapter I, Subchapter N, parts 405-471.
   NATURAL OUTLET. Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
   NONRESIDENTIAL DISCHARGER. Any user of the sewer system who discharges a nondomestic effluent into the system by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto. (Specified in 40 C.F.R. part 403 as “industrial user.”)
   NORMAL DOMESTIC SEWAGE. For the purpose of determining surcharges, shall mean wastewater or sewage having an average daily concentration as follows:
 
S.S.
Not more than 250 mg/l
BOD
Not more than 250 mg/l
Ammonia-Nitrogen
Not more than 25 mg/l
Phosphorus
Not more than 10 mg/l
 
As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from industrial processes.
   NPDES PERMIT. National Pollutant Discharge Elimination System Permit setting conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to § 402 Pub. L. No. 95-217.
   OPERATION AND MAINTENANCE COST. Include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport, and treatment on a continuing basis and produce discharges to receive waters that conform with all related federal, state and local requirements. (These costs include replacement.)
   OTHER SERVICE CHARGES. Tap charges, connection charges, area charges, and other identifiable charges other than excessive strength surcharges.
   PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the town’s NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
   pH. The reciprocal of the logarithm of the hydrogen-ion concentration. The concentration is the weight of hydrogen-ions, in grams per liter of solution.
   PHOSPHORUS (or P). The chemical element phosphorus, total. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods” as defined in this section.
   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 a 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 C.F.R. § 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 § 307 or Pub. L. No. 95-217 under regulation 40 C.F.R. part 403 pursuant to the Act, and amendments.
   PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
   PRETREATMENT STANDARD (OR STANDARDS). Prohibitive discharge standards, categorical pretreatment standards, or local limits.
   PRIVATE SEWER. A sewer which is not owned by public authority.
   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.
   PUBLICLY OWNED TREATMENT WORKS (or POTW). A “treatment works”, as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the town. This definition includes any devices or systems used in collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
   PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments: collector sewer, interceptor sewer, force main, pumping station.
   PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
   REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
   RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.
   SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and groundwater are not intentionally admitted.
   SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions (including polluted cooling water). The three most common types of sewage are:
      (1)   COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, stormwater, infiltration, and inflow carried to the wastewater treatment facilities by a combined sewer;
      (2)   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); and
      (3)   SANITARY SEWAGE. The combination of liquid and water-carried wastes discharged from toilet and other sanitary pumping facilities.
   SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
   SEWAGE WORKS. The structures, equipment, and processes to collect, transport, and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL. The act referred to is mandatory.
   SIGNIFICANT INDUSTRIAL USER.
      (1)   A user subject to categorical pretreatment standards;
      (2)   A user that:
         (a)   Discharges an average of 5,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement.
      (3)   Upon a finding that a user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 C.F.R. § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
   SIGNIFICANT NONCOMPLIANCE (OR SNC).
      (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 the daily maximum limit or average limit for the same pollutant parameter by any amount;
      (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 daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
      (3)   Any other discharge violation that the Superintendent believes has caused, along or in combination with other discharges, interference or pass through (including endangering the health of town 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’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 30 days after the due date, any required reports including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; and
      (8)   Any other violation(s) which the town will adversely affect the operation or implementation of the local pretreatment program.
   SLUG (or SLUG LOAD). Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards set forth in herein, or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or non-customary batch discharge.
   STANDARD METHODS. The laboratory procedures approved by the EPA and set forth in 40 C.F.R. part 136.
   STORM SEWER. A sewer for conveying water, groundwater, or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
   SUPERINTENDENT. The superintendent of the municipal sewage works of the town, or his or her authorized deputy, agent, or representative.
   SUSPENDED SOLIDS (or S.S.). 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”.
   TOTAL SOLIDS. The sum of suspended and dissolved solids.
   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 the Clean Water Act (Pub. L. No. 95-217).
   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.
    USER CHARGES. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to § 204(b) of Pub. L. No. 92-500.
   USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities, (i.e., residential, commercial, industrial, institutional, and governmental in the user charge system).
   VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated to 550ºC for 15 to 20 minutes.
   WASTEWATER. Water in which sewage has been discharged.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(1996 Code, § 108.01) (Ord. 487, passed 1-25-1994; Ord. 1997-3, passed 6-9-1997; Ord. 99-5, passed 5-10-1999)