§ 51.002 DEFINITIONS.
   (A)   Unless otherwise defined herein, terms shall be the same as are adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Waterworks Association, and the Water Pollution Control Federation, and as set forth in 40 CFR 136.
   (B)   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BENEFICIAL USES. Uses of the waters of the state and all water adjacent to or bordering the state that may be protected against quality degradation, including, but not limited to, domestic, municipal, agricultural, and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves; and other uses, both tangible and intangible, as specified by federal, state, or local law.
      BIOCHEMICAL OXYGEN DEMAND or BOD. When used in reference to sewage, sewage effluent, polluted waters, or industrial wastes, BOD includes the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20°C. The laboratory determinations of BOD shall be made in accordance with procedures set forth in Standard Methods, therein and conventionally referred to as “BOD5.”
      BOARD. The Board of Public Works and Safety and their duly-authorized designees and agents, including, but not limited to, the personnel of the wastewater treatment plant, and any other duly-authorized board or boards representing the city. The BOARD is the governing body of the sewerage system of the city, which system is a public utility.
      BUILDING DRAIN. The lowest horizontal piping of a building drainage system which receives the discharge from soil pipes, waste pipes, and other drainage pipes inside a building and conveys it to a point three feet outside of the building.
      CHEMICAL OXYGEN DEMAND or COD. When used in reference to sewage, sewage effluent, polluted waters or industrial wastes, COD 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”.
      COMBINED SEWER. See SEWER.
      COMMUNITY SEWER. See SEWER.
      COMPATIBLE POLLUTANTS. Wastewater having or containing measurable biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, or additional pollutants identified or defined in the city's National Pollutant Discharge Elimination System (NPDES) permit or by the state or the Board of Public Works and Safety.
      CONSTITUENTS AND CHARACTERISTICS OF WASTEWATER. The chemical, physical, bacteriological, and radiological properties, including volume, flow rate, and any other properties which serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.
      CONTAMINATION. An impairment of the quality of the waters of the state by waste to a degree creating a public health hazard through spread of disease, poisoning, or any other means. CONTAMINATION shall also mean any equivalent effect, whether or not waters of the state are affected.
      CRITICAL USER. A user who is required to obtain a permit.
      EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.
      EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
      FEDERAL ACT. The Federal Water Pollution Control Act, P192-500, and any amendments thereto, as well as any guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
      GARBAGE. Any solid wastes from the preparation, cooking, or dispensing of food; or from the handling, storage, or sale of produce.
      HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
      HOUSE SEWER. See SANITARY SEWER SYSTEM.
      INCOMPATIBLE POLLUTANTS. Any pollutants which are not compatible pollutants.
      INDUSTRIAL CLASS. See USER CLASSES.
      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 an industrial user.
      INFILTRATION. The water entering the sewerage system directly or via private sewers, building drains, and building sewers connected therewith, from the ground, through such means as, but not limited to, defective pipe joints, connections, or manhole walls.
      INSPECTOR. A person authorized by the Board of Public Works and Safety or the Superintendent to perform inspection duties assigned by them or him.
      LATERAL SEWER. See SANITARY SEWER SYSTEM, and SEWER.
      MAIN SEWER. See SANITARY SEWER SYSTEM.
      MASS EMISSION RATE. The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of the material.
      NONINDUSTRIAL CLASS. See USER CLASSES.
      NPDES PERMIT. National Pollutant Discharge Elimination System permit now or hereafter held by the city, setting forth conditions for the discharge of any pollutants or combination of pollutants.
      NUISANCE. Anything which is injurious to health, indecent, offensive to the senses, obstructive to the free use of property, interfering with the comfort or enjoyment of life or property, or which at the same time affects an entire community or neighborhood or any considerable number of persons, even though the extent of the annoyance or damage inflicted upon individuals may be unequal.
      OPERATION AND MAINTENANCE EXPENSES. All annual expenses related directly to operating and maintaining the sewage works as identified in "Uniform System of Accounts for Wastewater Utilities"; as prescribed by the State Board of Accounts for Wastewater Utilities; or as prescribed by the State Board of Accounts under general headings, plant operation and maintenance, sewer operation and maintenance, customer accounts, administrative and general, and insurance and taxes.
      pH. The conventional scientific degree of acidity or alkalinity.
      POLLUTION. An alternation of the quality of the waters of the state by waste, to a degree which unreasonably affects the waters for beneficial use of facilities which serve the beneficial uses. POLLUTION may include contamination.
      PREMISES. Any parcel of real estate deemed to be a single user for purposes of receiving, using, and paying for service.
      PRETREATMENT STANDARDS. These standards shall apply to all major contributing industries covered under 327 IAC 5-19-7 and 327 IAC 5-18-2. All other industries shall abide by standards promulgated for effluent limitations as established and currently available pursuant to §§ 301(b) and 304(b) of the Federal Act. These guidelines leading to the promulgation of the standards shall define the best practicable control technology currently available. It shall be provided that if the publicly-owned treatment works which receive the waste is committed in its NPDES permit to remove a specified percentage or to not exceed a certain specified level of concentration of any incompatible pollutant, the pretreatment standards applicable to the users of the treatment works shall be correspondingly reduced for that pollutant. Even when the effluent limitations guidelines for each industry category is promulgated, a separate provision will be proposed concerning the application of the guidelines to pretreatment.
      SIGNIFICANT INDUSTRIAL USER. A user discharging or introducing into the sewerage system any of the following:
         (a)   A flow of more than 25,000 gallons per average workday;
         (b)   A toxic pollutant in toxic amounts as defined in § 307 U.S. Public Law 92-500 as now adopted or as hereafter amended;
         (c)   Has significant impact, either singly or in combination with other contributors, on the wastewater treatment plant or the quality of its effluent;
         (d)   Any substance unusual or unique in quality or quantity requiring special attention or processing in order to effect proper wastewater treatment;
         (e)   Contributes a process waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the public-owned treatment works (POTW); or
         (f)   Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
            1.   Adversely affect the POTW's operation;
            2.   Violate a pretreatment standard; or
            3.   Violate a requirement of 327 IAC 5-19-3.
      STRENGTH-OF-WASTES SURCHARGE. The extra user charges for sewerage service assessed users whose sewage is of a nature so that it imposes upon the sewage works a burden greater than that covered by the basic user charge.
      SUBSOIL DRAINS. Porous drains laid for removing subsurface water.
      SUPERINTENDENT. The Superintendent subject tot he control of the Board of Public Works and Safety in all matters of the Sewer Department.
      SURCHARGE. A charge for sewerage services in addition to the basic service charge.
      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 determinations shall be made in accord with procedures in “Standard Methods”.
      UNPOLLUTED WATER. Water containing no added constituents which the Board of Public Works and Safety deem pollutants.
      USER CHARGES. A system of charges levied on users of a treatment works for the cost of operation and maintenance (including replacement) of the works. In addition, each user shall pay an amount sufficient to pay principal and interest (debt service) on any revenue bonds, payable from the revenues of the sewage works, proportional to the equipment and real property necessary for wastewater treatment for each user. The methods of computing the initial user charge and computing the initial user charge and debt service charge is contained in a report prepared by McCullough & Associates, Public Accountants, Indianapolis, Indiana, and is incorporated as a part hereof. Prior to May 1 of each year, the Clerk-Treasurer shall prepare and present to the Common Council an accounting of operation and maintenance expenses, replacement costs, and debt service for the immediately-preceding calendar year. The Common Council shall, upon receiving the accounting, effect any change in the monthly sewer charges necessary to produce revenue proportionate to costs for each user.
      USER CLASSES. Each recipient of municipal wastewater treatment services shall be either in the industrial class or the nonindustrial class (including domestic, commercial, institutional and governmental).
         (a)   INDUSTRIAL CLASS. Includes any user determined by the Board of Public Works and Safety to be discharging waste resulting from any industrial or manufacturing process; from the development, recovery, or processing of any natural resource; or from any other process or operation which produces waste of a strength greater than sanitary waste.
         (b)   NONINDUSTRIAL CLASS. Includes all domestic and governmental users, and those industrial, commercial, and institutional users whose wastes are segregated domestic waste or wastes from sanitary conveniences where regular domestic wastes are those wastes generated by normal domestic activity as determined by the Board of Public Works and Safety.
      USER CLASSIFICATION. A classification based upon the latest edition of “Standard Industrial Classification (S.I.C.)” manual prepared by the Executive Office of Management and Budget.
      USER. A person who introduces into or discharges into, including both the owner and occupant of real estate from which is introduced or discharged into the sewerage system, any substance whatever.
      WASTE. 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 processing, manufacturing, or industrial operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
      WASTEWATER. The water-carried waste from residences, business buildings, institutions, and industrial establishments, singular or in any combination, together with any ground, surface, and storm waters that may be present.
      WASTEWATER TREATMENT PLANT. The wastewater treatment facilities of the Municipal Sewage Works.
      WATERS OF THE STATE. Any water, underground or surface, within the geographical or legal boundaries of a state.
(Ord. 10-1978, passed 7-11-78; Am. Ord. 22-1978, passed 2-13-78; Am. Ord. 19-2007, passed 11-13-07)