§ 50.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number.
   ACT. The Federal Water Pollution Control Act Amendments of 1972, as amended, Pub. L. 92-500, as amended, 33 U.S.C. §§ 1251 et seq. (Supp. IV, 1974).
   BILLABLE EXCESS BIOCHEMICAL OXYGEN DEMAND (BOD). A user’s loading in pounds of BOD calculated using the billable flow and concentration of BOD in the waste in excess of 300 mg/l.
   BILLABLE EXCESS CHEMICAL OXYGEN DEMAND (COD). A user’s loading in pounds of COD calculated using the billable flow and concentration of COD in the waste in excess of 750 mg/l.
   BILLABLE EXCESS TOTAL SUSPENDED SOLIDS (TSS). A user’s loading in pounds of TSS calculated using the billable flow and concentration of TSS in the waste in excess of 300 mg/l.
   BILLABLE FLOW. A user’s recorded water usage, from all water sources, as measured by an approved meter, less any sewer-exempt meter data. Users on unmetered wells shall have their billable flow estimated by averaging the billable flow of other users of the same class.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at a 20°C.
   BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only, and is located inside the walls of a building, and conveys the sewage to the building sewer which begins five feet outside the building wall.
   BUILDING SEWER. The extension from the building drain to the pubic sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a “house connection.”
   CHEMICAL OXYGEN DEMAND (COD). The quality of oxygen utilized in the chemical oxidation of organic and oxidizable inorganic matter under standard laboratory procedure expressed in milligrams per liter by weight.
   CLASSES OF USERS. The divisions of wastewater treatment customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial, or governmental.
   COLLECTION SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
   COLOR. The true color of light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles.
   COMMERCIAL USER. For the purpose of the user charge system, a user engaged in the purchase or sale of goods, or in a transaction or business, or who otherwise renders a service.
   EASEMENT. An acquired legal right, less than fee simple, for the specific use of land owned by others.
   FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the local government. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
   GARBAGE. The animal or vegetable wastes from the domestic or commercial preparation, cooling, and dispensing of food, and from the commercial handling, storage, and sale of produce.
   INFILTRATION. The water unintentionally entering the public sewer system, including sanitary 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 sanitary sewer system, including building drains and sewers, from such sources as, but not limited to: roof leaders; cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross-connections from storm sewers and/or combined sewers; catch basins; storm waters; surface runoff, street wash waters; or drainage. INFLOW does not include, and is distinguished from, infiltration.
   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater to a treatment facility.
   LOCAL GOVERNMENT. The Town of Banner Elk, Avery County, North Carolina acting through its Mayor and Town Council or other duly authorized representative.
   MAY. Is permissive.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION PERMIT. A permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge of wastewaters to the navigable waters of the United States pursuant to the Act, 402 Pub. L. 92-500, as amended.
   NATURAL OUTLET. Any outlet, including storm sewers into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
   NORMAL DOMESTIC STRENGTH SEWAGE. Wastewater or sewage having an average daily suspended solids (SS) concentration of not more than 200 milligrams per liter and an average daily BOD of not more than 200 milligrams per liter.
   OPERATION AND MAINTENANCE COSTS. All costs, direct and indirect, not including debt service, but inclusive of expenditures attributable to administration, replacement of equipment, and treatment and collection of wastewaters, necessary to insure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long- term facility management.
   PERSON. Any individual, firm, company, association, society, corporation or group.
   pH. The term used to express the intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
   POTW. Publicly owned treatment works.
   PRETREATMENT. The treatment of industrial sewage from privately-owned industrial sources by the generator of that source prior to introduction of the waste effluent into a publicly-owned treatment works.
   PRIVATE SEWER. A sewer which is not owned by the town.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of foods 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 one-half inch in any dimension.
   PUBLIC SERVICES DIRECTOR. The individual appointed by and responsible to the Town Manager for the supervision and direction of public services within the town. In the event there is a vacancy in the position of Public Services Director, the Town Manager may appoint an individual to fulfill the duties and obligations of the Public Services Director regardless of title.
   PUBLIC SEWER. A sewer which is owned and controlled by the town, and is separate from and does not include sewers owned by other governmental units.
   REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories, or appurtenances necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term OPERATION AND MAINTENANCE COSTS includes REPLACEMENT COSTS.
   SANITARY SEWER. A sewer which carries only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants, and institutions and to which storm, surface and groundwater are not intentionally admitted.
   SHALL. Is mandatory.
   SLUG. Any discharge of water or wastewater which in concentration of any constituent or in quantity of flow exceeds for any period duration longer than 15 minutes more than five times the average 24-hour concentration or flow during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works so as to prevent attainment of effluent limitations or to substantially increase operation and maintenance requirements.
   STANDARD METHODS. The laboratory procedures set forth in the following sources: Standard Method for the Examination of Water Wastewater, 13th Edition, as amended, prepared and published jointly by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation; Methods for Chemical Analysis of Water and Wastes, 1971, prepared and published by the Analytical Quality Control Laboratory, U.S. Environment Protection Agency; Guidelines Establishing Test Procedures for the Analysis of Pollutants, enumerated in 40 C.F.R. §§ 136.1 et seq. (1975), as amended; and/or any other procedures recognized by the U.S. Environmental Protection Agency and the North Carolina Division of Environmental Management.
   STORM SEWER. A sewer that carries only storm waters, surface runoff, street wash, and drainage, and to which sanitary and/or industrial wastes are not intentionally admitted.
   SUSPENDED SOLIDS (SS) OR TOTAL SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and is removable by laboratory filtration as prescribed in the STANDARD METHODS.
   TOXIC. Any pollutant or combination of pollutants which upon exposure in sufficient quantity 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 Act, 307(a) Pub. L. 92-500, as amended.
   UNPOLLUTED WATER. Water of a quality equal to or better than the effluent criteria in effect, or water that is of sufficient quality that it would not be in violation of federal or state water quality standards if such water were discharged into navigable waters of the state. UNPOLLUTED WATER would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
   USEFUL LIFE. The anticipated term in years of physical and/or functional productivity of elements and/or the whole of the wastewater treatment system which can be reevaluated as a result of preventive maintenance, renewal which off-sets physical and/or functional obsolescence, renewal of capital elements due to consumption, and physical and/or functional betterments, direct or indirect.
   USER CHARGE SYSTEM. The system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities.
   WASTEWATER. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, including polluted cooling water and unintentionally admitted infiltration/inflow.
      (1)   INDUSTRIAL WASTEWATER. 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 and shall include the wastes from pretreatment facilities and polluted cooling water.
      (2)   SANITARY WASTEWATER. The combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
   WASTEWATER DISPOSAL SYSTEM. The structures, equipment and processes required to collect, transport, and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids.
(Prior Code, § 50.001)