For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT shall mean the Clean Water Act (33 U.S.C. 1251 et seq.) as amended.
ANSI Specifications shall mean the standard specifications or methods of the American National Standards Institute of the serial designation indicated by the number and, unless otherwise stated, refer to the latest adopted revision of the specifications or method.
Applicable Pretreatment Standards shall mean for any specified pollutant, city prohibitive discharge standards, city’s specific limitations on discharge, state pretreatment standards, or the national categorical pretreatment standards (when effective), whichever standard is most stringent.
ASTM Specifications shall mean the standard specifications or methods of the American Society for Testing Materials of the serial designation and indicated by the number and, unless otherwise stated, refer to the latest adopted revision of the specification or method.
Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in 5 days at a temperature of 20º Centigrade, expressed in milligrams per liter, or parts per million by weight. Laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
Branch Sewer shall mean a conduit extending from the plumbing or drainage system of a building or buildings to and connecting with a public or private sanitary or storm sewer, within a street right-of-way.
Building Drain shall mean 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 the building and conveys it to the building sewer, beginning 5 feet outside the inner face of the building wall.
Building Sewer shall mean the extension from the building drain to the property line or right-of-way line and connection with the public sewer service lateral.
Categorical Industry shall mean any business or industry listed by the Environmental Protection Agency (EPA) as such.
Categorical Pretreatment Standard shall mean national pretreatment standards and are limitations on pollutant discharges to publicly owned treatment works (POTWs) promulgated by the U.S. Environmental Protection Agency (EPA) in accordance with the Clean Water Act, that apply to specified process wastewater of particular categories.
City or City of Canby shall mean the municipality of Canby, Oregon, a municipal corporation of the State of Oregon, acting through its City Council or any board, committee, body, official or person to whom the Council shall have lawfully delegated the power to act for or on behalf of the city. Unless a particular board, committee, body, official or person is specifically designated in these rules and regulations, wherever action by city is explicitly required or implied herein, it shall be understood to mean action by the Superintendent of Public Works of Canby, Oregon, or his or her duly authorized deputy or agent.
City Limits shall mean the area contained within the boundaries of the city, as now or hereafter constituted.
Combined Sewer or System shall mean a conduit or system of conduits in which both sewage and stormwater are transported.
Commercial Building shall mean all buildings or premises used for any purpose other than a dwelling unit, but not an industrial user.
Commercial User shall mean a business establishment other than an industrial plant, and shall include multi-family dwelling units.
Compatible Pollutant shall mean wastes having biochemical demand, suspended solids and pH within tolerable limits, fecal coliform bacteria, and additional pollutants which the city treatment works are designed to treat.
Domestic Sanitary Wastes/Wastewater shall mean wastewater discharged from a residential user.
Dwelling Units shall mean buildings and structures that are constructed and used primarily for residential purposes.
Garbage shall mean solid wastes from the preparation, cooking and dispensing of food, and from handling, storage and sale of produce.
Industrial Discharger/User shall mean any discharger who discharges wastes other than domestic wastewater directly or indirectly into the city sewer system.
Industrial Waste shall mean liquid, solid or gaseous substances or combination thereof, resulting from any process of industry, manufacturing, commercial food processing, business, agriculture, trade or research, including but not limited to the development, recovering or processing of natural resources and leachate from landfills or other disposal sites, and any other discharge other than domestic sanitary waste.
Industrial Waste Discharge Permit shall mean a permit to discharge industrial wastes into the city sewer system issued under the authority of this title and which prescribes certain discharge requirements and limitations.
Interceptor shall mean a sanitary sewer which receives the flow from a number of trunk, main or lateral sewers and transports it to a treatment plant or other point of disposal. Generally, an Interceptor collects the flow from a number of trunks, mains or laterals which would otherwise discharge to a natural outlet.
Interference shall mean an inhibition or disruption of the POTW, its treatment process or operations, or its sludge processes, use or disposal caused by a discharge or discharges from other sources that results in either a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations and regulations or permits issued thereunder (or more stringent state or local regulations):
1. The Clean Water Act (CWA);
2. 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 of the SWDA);
3. The CWA; and
4. The Toxic Substances Control Act.
Lateral shall mean a sanitary sewer which will receive the flow from service connections and discharge into a main, trunk or interceptor.
Lower Explosive Limit (LEL) shall mean the lowest concentration of a gas-in-air mixture at which the gas can ignite.
Main shall mean a sanitary sewer which receives the flow from 1 or more laterals and which discharges into a trunk or interceptor.
Multi-Family shall mean 2-family or multi-family occupancy.
Natural Outlet shall mean an outlet into a pond, lake, stream, river, ditch, watercourse or other body of surface water.
New Source shall mean:
1. Any building, structure, facility or installation from which there is or may be discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under the CWA which will be applicable to those sources if the standards are thereafter promulgated in accordance with that section, provided that:
a. The building, structure, facility or installation is constructed at a site at which no other source is located;
b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at the existing source; or
c. The production of wastewater generating process of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meet ing the criteria of divisions l.b. or 1.c. of this definition but otherwise alters, replaces or adds to existing process or production equipment.
3. Construction on a site at which an existing source is defined herein has commenced if the owner or operator has done either of the following:
a. Begun or caused to begin as part of a continuous on-site construction program:
i. Any placement, assembly or installation of facilities or equipment; or
ii. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for placement, assembly or installation of new source facilities or equipment.
b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation.
Pass-Through shall mean the occurrence of an indirect discharge which exits the POTW into waters of the United States in qualities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, 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).
pH shall mean the logarithm of the reciprocal of the weight of the hydrogen ions in grams per liter of solution. pH shall be determined by 1 of the procedures outlined in Standard Methods.
Pollutant shall mean any substance discharged into a POTW or its collection system, which is prohibited or limited by sections herein. Pollutants shall be classified as follows:
1. Conventional Pollutants. Organic biodegradable pollutants such as BOD, TSS, TDS, COD, phosphorous, ammonia, oil and grease, organic and inorganic nitrogen and any others defined by resolution as Conventional Pollutants.
2. Nonconventional Pollutants. Heavy metals, EPA-listed hazardous and acutely hazardous pollutants, priority pollutants, pesticides, toxic pollutants as defined herein and any other defined by resolution.
POTW shall mean publicly operated treatment works.
Pressure Sewer shall mean a sewer receiving flow directly from a pump station and discharging under pressure into an interceptor, trunk, main, lateral, another pumping station or treatment plant.
Pretreatment shall mean 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 the pollutants into the city sewerage system.
Pretreatment Requirement shall mean any substantive or procedural requirement related to pretreatment, other than a national categorical pretreatment standard, imposed on an industrial user.
Private Sewer shall mean a sanitary sewer, storm sewer or combined sewer, exclusive of building sewers, which is not owned or operated by the city or another local government agency.
Properly Shredded Garbage shall mean the wastes from the preparation, cooking and dispensing of foods that have been shredded to the degree that all particles will be carried freely under the flow and conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
Public Sewer shall mean a sanitary sewer, storm sewer or combined sewer, exclusive of building sewers, owned or operated by the city or another local government agency.
Residential User shall mean a person or persons occupying a dwelling house as a single family.
Sanitary Sewer shall mean a pipe or conduit designed or used to transport sewage and to which stormwater, surface and groundwaters are not admitted intentionally.
Service Connection shall mean a public sewer which has been constructed to the approximate property line or right-of-way line from a public sewer for the sole purpose of providing a connection for the building sewer.
Sewage shall mean a combination of the water- carried wastes from residences, business buildings, institutions and industrial establishments, together with any ground, surface and stormwaters as may be present.
Sewage Pretreatment Agreement shall mean the agreement between the city and any local government agency or person, providing for the delivery or receipt of sewage to or from the city sewage system and the acceptance or delivery by the city of the sewage.
Sewage Treatment Plant shall mean an arrangement of devices, structures and equipment for treating sewage.
Sewer User shall mean any person using any part of the city sewage system.
Sewerage System shall mean the entire sewage collection and treatment systems, exclusive of branch sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the transportation, collection, treatment and disposal of sanitary and industrial wastewater and sludge. This includes both sanitary and stormwater systems.
Significant Industrial Discharger/User shall mean any discharger into the wastewater collection system and/or wastewater treatment facility who:
1. Is subject to national categorical pretreatment standards promulgated by EPA under the Clean Water Act (CWA);
2. Has industrial waste containing significant concentrations and/or quantity of toxic pollutants as defined herein;
3. Any other industrial user that discharges an average of 25,000 gallons or more per day of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW;
4. Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic, organic or solids handling load to the city’s wastewater treatment system; satisfies other or more restrictive criteria of the permittee’s formal pretreatment program;
5. Is determined by the EPA, DEQ or the city to have a significant impact or potential for significant impact to adversely affect the wastewater treatment facility and/or wastewater collection system by either upset, inhibition, pass-through of pollutants, sludge contamination, or receiving water quality (Willamette River).
Slugload shall mean any substance released in a discharge at a rate and/or concentration which causes interference to city sewerage or disposal systems.
Standard Methods shall mean the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
Storm Sewer shall mean a conduit designed or used exclusively to transport stormwater.
Superintendent of Public Works shall mean the person duly appointed by the city, a local government agency or the owner of private sewers, to supervise and direct the design and construction of local sewage facilities, acting personally or through agents or assistants duly authorized by him or her, the agents or assistants acting within the scope of their particular duties.
Suspended Solids shall mean total suspended matter that is in suspension in water or wastewater and that is removable by laboratory filtering.
Toxic Pollutants shall mean those substances listed by EPA and DEQ. The list is based upon the priority pollutant list prepared by the U.S. Environmental Protection Agency and any additional information available which indicates toxicity or hazard level of particular substances.
Trunk shall mean a major sanitary sewer into which more than 2 laterals or mains discharge, and which transports the flow collected from laterals and mains to an interceptor, pumping station or treatment plant.
Upset shall mean an exceptional incident in which a discharge is unintentionally and temporarily in a state of noncompliance with the discharge requirements set forth in this title due to factors beyond reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
Wastewater shall mean industrial waste or sewage, or any other waste including that which may be combined with any groundwater, surface water or stormwater, that may be discharged to the city sewerage systems.