§ 52.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "ACT." The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
   "BOD." The quantity of oxygen, expressed in parts per million by weight (milligrams per liter), utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods."
   "BUILDING DRAIN." That part of the lowest horizontal piping of a drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building three (3) feet outside the inner face of the building wall.
   "BUILDING SEWER." The extension from the building drain to the public sewer or other place of disposal.
   "CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of Industrial Dischargers. (Located in 40 CFR Chapter I, Chapter N.)
   "CITY." The City or City Council of Burkburnett, Texas, or any authorized person acting in its behalf.
   "CONTROL AUTHORITY." The department designated by the city to supervise the operation of its publicly owned treatment works and that is charged with certain duties and responsibilities by this chapter, or any duly authorized representative of that designated department.
   "COOLING WATER." The water discharged from any system of condensation such as air conditioning, cooling, refrigeration or water used as a coolant in cooling towers where the only pollutant is thermal.
   "DISCHARGE." The introduction or addition of any waste, wastewater, or other substance into the POTW.
   "DISCHARGER." Any person who discharges or introduces anything other than normal domestic sewage into the POTW. The term includes owners and/or occupants of the premises connected to and discharging waste or wastewater into the POTW.
   "DOMESTIC SEWAGE." Water-borne wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free from storm and surface waters and industrial wastes.
   "ENVIRONMENTAL PROTECTION AGENCY" or "EPA." The United States Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator of EPA or other duly authorized official of EPA.
   "GARBAGE." Solid wastes and residue from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food products and produce.
   "GREASE." Fatty acids, soaps, fats, waxes, petroleum products, oil, and any other material which is extractable by hexane or freon solvent from an acidified sample, and which is not volatilized during evaporation of the solvent.
   "GREASE TRAP." A device by which the grease content of sewage may be cooled and congealed so that it may be skimmed from the surface.
   "INDIRECT DISCHARGE." The discharge or the introduction of Industrial Waste into a POTW.
   "INDUSTRIAL DISCHARGER." Any person who discharges or introduces an Industrial Waste into a POTW.
   "INDUSTRIAL WASTE." Water-borne solids, liquids, or gaseous wastes resulting from and discharged, permitted to flow, or escaping from any industrial, manufacturing, or food-processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage. (The term is generally synonymous with "nondomestic waste.")
   "INTERFERENCE." A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
      (2)   Therefore, is 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) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (Including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D or the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
   "LIQUID WASTE HAULER." Any person who transports wastewater beyond the site of origin within the city.
   "mg/1." Milligrams per liter.
   "NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT." A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342) which regulates discharges to "Waters of the State."
   "NATURAL OUTLET." Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
   "NORMAL DOMESTIC SEWAGE." Domestic sewage in which the average concentration of suspended solids and five-day BOD are at two hundred (200) parts per million (milligrams per liter) each, or lower.
   "OWNER" or "OCCUPANT." Any person using the lot, parcel of land, building, or premises connected to and discharging sewage into the POTW, and who pays, or is legally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would pay or be legally responsible for such payment if so connected.
   "PARTS PER MILLION." A weight-to-weight ratio also expressed as milligrams per liter; the parts per million value, multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.
   "PASS THROUGH." The discharge of pollutants through the POTW into Waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirements of the POTW's NPDES or TWC permit or any discharge permit issued by the State.
   "PERMIT" or "DISCHARGE PERMIT." A wastewater discharge permit issued to a Significant Industrial Discharger to allow a discharge into the POTW.
   "PERSON." Any person, natural or artificial, including any individual, firm, company, partnership, trust, estate, municipal or private corporation, association, governmental agency or other entity, or their representatives, agents, servants or employees.
   "pH." The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter of solution. It shall be determined by one of the procedures outlined in "Standard Methods."
   "POTW TREATMENT PLANT." That portion of the POTW designed to provide treatment to wastewater.
   "PRETREATMENT" or "TREATMENT." 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, or process changes or other means, except as prohibited by 40 CFR Section 403.6(d).
   "PRETREATMENT REQUIREMENT." Any substantive or procedural requirements related to pretreatment imposed on a discharger by this chapter, by state statute or regulation, or by a Categorical Pretreatment Standard.
   "PROPERLY SHREDDED GARBAGE." Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the sewer, with no particle greater than one-half inch in any dimension.
   "PUBLIC SEWER." A sewer in which all owners of abutting properties have equal rights and interest, and which is controlled by public authority.
   "PUBLICLY-OWNED TREATMENT WORKS (POTW)." A treatment works, as defined by Section 212 of the Act, which is owned by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any collection and treatment system from persons outside the city who are, by contract or agreement with the city, users of the city's sewage collection and treatment system. This definition also includes any public sludge disposal sites or public sludge handling or treatment structures or equipment.
   "SEWAGE." The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, institutions, and/or industrial facilities, together with such ground, surface, and storm water as may be present, whether treated or untreated, which is discharged or permitted to enter the POTW.
   "SEWAGE SERVICE CHARGE." The charge made on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative or normal domestic sewage.
   "SEWER" or "SANITARY SEWER." A pipe or conduit for conveying sewage, and into which storm, surface, and ground waters are not intentionally admitted.
   "SHALL" is mandatory. "MAY" is permissive.
   "SIGNIFICANT INDUSTRIAL DISCHARGER." Any industrial discharger who has an average discharge flow into the POTW or 25,000 gallons or more per work day; or has an average daily (work day) discharge flow greater than 5 percent of the average daily flow into the POTW Treatment Plant serving the Discharger; or has in its wastes toxic pollutants defined pursuant to Section 307 of the Federal Water Pollution Control Act, and as defined by the Texas Statutes and Rules; or is subject to Categorical Pretreatment Standards; or is found by the city, the Texas Water Commission, or the U.S. Environmental Protection Agency to have caused interference or otherwise" to have significant impact, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the POTW's effluent quality, or air emissions generated by the POTW. This definition includes any hauler of wastewater who discharges into the POTW and who falls within any of the criteria specified in this definition.
   "SLUGLOAD." Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
   "STANDARD INDUSTRIAL CLASSIFICATION (SIC)." A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
   "STANDARD METHODS." The examination and analytical procedures set forth in the latest edition of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation.
   "STATE." State of Texas, including the Texas Water Commission (TWC) or any duly-authorized agency thereof having jurisdiction over waters of the state, sewage collection or treatment, or municipal sewage sludge disposal.
   "STORM SEWER" or "STORM DRAIN." A pipe or conduit for conveying storm and surface waters and drainage, and from which domestic sewage and industrial waste is excluded.
   "STORM WATER." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   "SURCHARGE." The charge, in addition to the sewage service charge, which is made on those persons whose wastes are greater in strength than the concentration values established as representative of normal domestic sewage.
   "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 filtration. Quantitative determination of suspended solids shall be expressed in parts per million by weight (milligrams per liter) and made in accordance with procedures set forth in "Standard Methods."
   "TOXIC POLLUTANT." Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, Section 307(a), or other legislation.
   "UPSET." Any exceptional incident in which a discharger unintentionally and temporarily fails to comply with the standards established in this chapter or with the discharger's permit, due to factors beyond the reasonable control of the discharger, excluding noncompliance with the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
   "WASTEWATER." The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and/or institutions, together with such ground, surface, and storm water as may be present, whether treated or untreated, which is discharged, treated, stored, and/or disposed of.
   "WATER OF THE STATE." The water of the ordinary flow, underflow, and tides of every flowing river, natural stream, and lake, and of every bay or arm of the Gulf of Mexico, and the stormwater, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the State.
   "WATERCOURSE." A channel in which a flow of water occurs, either continuously or intermittently.
   "WORK DAY." When used in conjunction with the determination of a Significant Industrial Discharger, the terms mean any day, or portions thereof, when the discharger is providing any service or producing its product or any part of its product line, or otherwise generating nondomestic wastewaters that may be discharged to the POTW. All other use of this term shall mean any day a nondomestic wastewater discharge occurs.
(Ord. 338A, passed 5-5-92)