§ 52.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. 
   AMMONIA-NITROGEN. Dissolved ammonia, including NH3(aq) and NH4+, usually expressed as NH3-N.
   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen, expressed in milligrams per liter (mg/l), utilized in the biochemical oxidation of organic matter under standard laboratory procedures, with nitrification inhibition in five (5) days at twenty degrees (20°) C.
   BUILDING DRAIN. That 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 (3) feet outside the building wall.
      (1)   SANITARY BUILDING DRAIN. A building drain which conveys sanitary or industrial sewage only.
      (2)   STORM BUILDING DRAIN. 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.”
      (1)   SANITARY BUILDING SEWER. A building sewer which conveys sanitary or industrial sewage only.
      (2)   STORM BUILDING SEWER. A building sewer which conveys storm water or other clear-water drainage, but not sanitary or industrial sewage.
   CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standards.
   COMBINED SEWER. A sewer intended to receive both wastewater and storm water or surface water.
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works was designed to treat those pollutants, and in fact does remove the pollutants to a substantial degree. “Substantial degree” is not subject to precise definition, but generally contemplates removals on the order of eighty percent (80%) or greater. Minor incidental removals on the order of ten percent (10%) to thirty percent (30%) are not considered substantial. Examples of the additional pollutants which may be considered compatible include the following:
      (1)   Chemical oxygen demand.
      (2)   Total organic carbon.
      (3)   Phosphorus and phosphorus compounds.
      (4)   Nitrogen and nitrogen compounds.
      (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).
   COMPOSITE SAMPLE. A COMPOSITE SAMPLE should contain a minimum of four (4) discrete samples, taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
   CONTROL AUTHORITY. Unless otherwise stated directly, the Town of Brownsburg.
   DILUTION. The purposeful act of adding water, other liquids and/or substances to the waste stream to dilute the true characteristics of the wastewater discharge.
   DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   ENVIRONMENTAL PROTECTION AGENCY or EPA or USEPA. The U.S. Environmental Protection Agency.
   FECAL COLIFORM. 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.
   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 Town.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   GARBAGE, PROPERLY SHREDDED. The wastes from the preparation, cooking and dispensing of food that has been shredded to 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 (½) inch in any dimension.
   HAULED OR TRUCKED POLLUTANTS. Wastes, including holding tank waste, that is trucked or hauled from any location prior to discharge to the POTW treatment plant, collection system, or by any other conveyance.
      (1)   COMMERCIAL WASTE HAULER. Shall include any waste hauler that operates either for profit by hauling waste, or any entity that operates for profit and generates waste that requires the waste to be hauled for disposal.
      (2)   NON-COMMERCIAL WASTE HAULER. Shall include any private or not-for-profit entity that hauls domestic sewage waste. Examples of such entities include campers, trailers, or recreational vehicles (RVs) that are not operated for public use.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids.
   INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 USC 1317), into the POTW (including holding tank waste discharged into the system), regardless of whether the discharger is within the governmental jurisdiction of the permittee.
   INDUSTRIAL USER. A source of indirect discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to § 402 of the Act (33 USC 1342). Any user who contributes only domestic wastewater is not an industrial user.
   INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade or business as distinct from employee waste or wastes from sanitary conveniences.
   INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through means such 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 sources such as, but not limited to, roof leaders, cellars, yard and area drains, foundation drains, non-contact cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, 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.
   INTERFERENCE. A discharge that, along or in conjunction with a discharge or discharges from other sources, does one (1) of the following:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods.
      (2)   Causes a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
      (3)   Prevents 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:
         (a)   Section 405 of the Clean Water Act (33 USC 1345).
         (b)   The Solid Waste Disposal Act (SWDA) (42 USC 6901), including: 1. Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and 2. the rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 USC 6941).
         (c)   The Clean Air Act (42 USC 7401).
         (d)   The Toxic Substances Control Act (15 USC 2601).
   MAJOR CONTRIBUTING INDUSTRY. An industry that:
      (1)   Has a flow of twenty-five thousand (25,000) gallons or more per average workday;
      (2)   Has a flow greater than five percent (5%) of the flow carried by the municipal system receiving the waste;
      (3)   Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under § 307(a) of the Act, 33 USC 1317(a); or
      (4)   Has a significant impact, either singly or in combination with other contributing industries, on the POTW, the quality of effluent (or sludge) from the POTW, or the air emissions generated by the POTW.
   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.
   NATIONAL CATEGORICAL PRE- TREATMENT STANDARDS or PRETREATMENT STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 USC 1347), which applies to a specific category of industrial users.
   NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to the waters of the United States pursuant to § 402 of the Act (33 USC 1342), or Pub. L. 92-500.
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
   NORMAL DOMESTIC SEWAGE. For the purpose of determining surcharges, this is wastewater or sewage having an average daily concentration as follows:
      (1)   BOD not more than two hundred (200) milligrams per liter.
      (2)   Suspended solids not more than two hundred (200) milligrams per liter.
      (3)   Ammonia-nitrogen not more than fifteen (15) milligrams per liter.
   NOTICE OF VIOLATION. Shall include any official, written notice from the Town or an appointed representative, providing notification of deficiency or violation of one (1) or more Town ordinances.
   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.
   PASS-THROUGH DISCHARGE. A discharge from one (1) source that exits the 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 Town's NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON. Any individual, firm, company, association, society, corporation, group or other entity.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rocks, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
   POLLUTION. The man-made or man- induced alteration of the chemical, physical, biological and radiological integrity of water.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature and pollutant properties of wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into a POTW.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on the industrial user, including applicable local limits.
   PRETREATMENT STANDARDS. A PRETREATMENT STANDARD includes any of the following:
      (1)   State pretreatment standards as established in 327 IAC 5-18-8;
      (2)   Pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2;
      (3)   National categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10.
   PRIVATE SEWER. A sewer which is not owned by a public authority.
   PUBLICLY-OWNED TREATMENT WORKS or POTW. A treatment works as defined in § 212 of the Act (33 USC 1292), which is owned in this instance by the Town. This definition includes any sewers, pipes, and other conveyances that convey wastewater to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town's POTW; any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
   PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments:
      (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.
      (4)   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 water, surface water and ground water 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 (3) most common types of sewage are:
      (1)   COMBINED SEWAGE. Wastes, including sanitary sewage, industrial sewage, storm water, 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 includes the wastes from pretreatment facilities and polluted cooling water);
      (3)   SANITARY SEWAGE. The combination of liquid and other water-carried wastes discharged from toilet sanitary plumbing facilities.
   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.
   SIGNIFICANT INDUSTRIAL USER or SIU.  
      (1)   Industrial users subject to categorical pretreatment standards under 327 IAC 5-18-10.
      (2)   An industrial user that:
         (a)   Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW;
         (b)   Contributes a process wastestream that makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as a significant industrial user by the Control Authority or Town of Brownsburg 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.
      (3)   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 user if it does not meet Part (2.c) above.
   SIGNIFICANT NONCOMPLIANCE. Instances of SIGNIFICANT NONCOMPLIANCE are defined as follows:
   The status of an industrial user that has caused or allowed a violation that meets one (1) or more of the following criteria:
      (1)   CHRONIC VIOLATIONS OF WASTEWATER DISCHARGE LIMITS, defined as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter.
      (2)   TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS, defined as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals one and four-tenths (1.4) for biochemical oxygen demand, total suspended solids, fats, oil and grease, and one and two-tenths (1.2) for all other pollutants except pH).
      (3)   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Town determines 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 a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW's exercise of its emergency authority under 327 IAC 5-19-3(l)(G) to halt or prevent such a discharge.
      (5)   Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
      (6)   Failure to provide, within thirty (30) days after the due date, required reports such as:
         (a)   Baseline monitoring reports;
         (b)   Ninety (90) day compliance reports;
         (c)    Periodic self-monitoring reports; and
         (d)   Reports on compliance with compliance schedules.
      (7)   Failure to accurately report noncompliance.
      (8)   Any other violation or group of violations that the Town determines will adversely affect the operation or implementation of the approved POTW pretreatment program.
   SLUG. Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards of this chapter. 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 that 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 or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.
   STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
   STATE. The State of Indiana.
   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.
   STORM WATER. Water resulting from rain, melting or melted snow, hail or sleet.
   SUPERINTENDENT. The Superintendent of the Municipal Sewage Works of the Town, or his authorized deputy, agent or representative.
   SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering under standard laboratory procedure.
   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 § 307(a) of the Act, 33 USC 1317(a).
   TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under the provisions of § 307(a) of the Act, 33 USC 1317(a), or that has a deleterious impact on the operation of the POTW.
   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. Any person who contributes or causes or permits the contribution of wastewater into the POTW.
   VOLATILE ORGANIC MATTER. The material in sewage solids transformed to gases or vapors when heated to fifty-five degrees (55°) C for fifteen (15) to twenty (20) minutes.
   WASTEWATER. The liquid and water- carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
   WATERCOURSE. A natural or artificial channel for the passage of water, either continuously or intermittently.
   WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(`92 Code, § 9-25) (Ord. 85-22, passed 11-25-85; Am. Ord. 96-54, passed 12-12-96; Am. Ord.
2004-11, passed 6-10-04; Am. Ord. 2011-06, passed 3-24-11)