§ 51.005 ABBREVIATIONS AND DEFINITIONS.
   (A)   Abbreviations. The following abbreviations shall have the following meanings:
      BOD         Biochemical oxygen demand.
      CFR         Code of Federal Regulations.
      EPA         United States Environmental Protection Agency.
      gpd         Gallons per day.
      mg/l         Milligrams per liter.
      NPDES      National Pollutant Discharge Elimination System.
      RCRA         Resource Conservation and Recovery Act.
      TSS         Total suspended solids.
      USC         United States Code.
   (B)   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.
   AUTHORIZED SIGNATORY OF THE USER.
      (1)   If the user is a corporation:
         (a)   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
         (b)   The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million ( in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
      (2)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
      (3)   if the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the government facility (or his/her designee);
      (4)   The individuals described in subdivisions (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation or the facility from which the discharge originates of having overall responsibility for environmental matters for the company, and the written authorization is submitted to the town.
   BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at 20° Centigrade, usually expressed as a concentration of milligrams per liter (mg/l).
   CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.
   COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time, as specified by the town.
   CUSTOMER. The owner or lessor of real property to which wastewater treatment services are supplied and, therefore, the person or entity responsible for the payment of wastewater treatment charges. While a customer may also be a USER as described herein, the terms are not necessarily the same.
   DISCHARGE. When used in the context of either a verb or a noun, the disposal of water, wastewater, or any other liquid or substance by any user into the wastewater treatment system.
   DOMESTIC WASTE. A typical, residential-type waste, which requires no pretreatment under the provisions of this chapter before discharging into the wastewater system, excluding industrial waste.
   EPA or ENVIRONMENTAL PROTECTION AGENCY. The United States Environmental Protection Agency or its authorized representative.
   EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical Pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
   GRAB SAMPLE. An individual sample collected over a period of time not to exceed 15 minutes.
   INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the wastewater system from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.
   INDUSTRIAL USER. A discharger into the wastewater system of non-domestic wastewater.
   INDUSTRIAL WASTE. Any and all liquid- or water-borne waste from industrial or commercial processes, excluding domestic waste.
   INTERFERENCE.  A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater system, its treatment processes or operations, or its sludge processes, use, or disposal.
   MAY. Discretionary or permissive.
   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.
   NPDES or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. A permit issued to a wastewater system user or other discharger pursuant to Section 402 of the Act.
   NEW SOURCE.
      (1)   Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(C) of the Act which will be applicable to such source if such 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; or
         (b)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
         (c)   The production or wastewater generating processes 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 meeting the criteria of subdivision 1(b) or 1(c) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   construction of a new source as defined under this definition has commenced if the user or operator has:
         (a)   Begun or caused to begin as part of a continuous onsite construction program:
            1.   Any placement, assembly, or installation of facilities or equipment; or
            2.   Significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
         (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 under this subdivision (3).
   NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   OPERATOR. Any agent hired by user to operate the pretreatment facility of the user.
   PASS THROUGH. A discharge which exits the wastewater system into waters of the United States 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 requirement of the town's NPDES permit (including an increase in the magnitude or duration of a violation).
   PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.
   pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, commonly referred to as a measure of a solution's hydrogen ion concentration (acidity), expressed in standard units.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater—that is, pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of introducing such pollutants into the wastewater system. This reduction or alteration can be obtained by physical, chemical, or biological processes, by process changes, or by other means.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement, other than a pretreatment standard, related to pretreatment and imposed on a user.
   PRETREATMENT STANDARD or STANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits.
   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Prohibitions against the discharge of certain substances; these prohibitions appear as “general sewer use requirements” in §§ 51.020 through 51.026 of this chapter.
   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   SHALL. Mandatory.
   SIGNIFICANT INDUSTRIAL USER.
      (1)   A user subject to categorical pretreatment standards; or
      (2)   A user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater to the wastewater system (excluding sanitary, non-contact cooling, and blowdown wastewater); or
         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the wastewater system treatment plant; or
         (c)   Is designated as such by the town on the basis that it has a reasonable potential for adversely affecting the wastewater system's operation or for violating any pretreatment standard or requirement.
      (3)   Upon a finding that a user meeting the criteria in division (2) of this definition has no reasonable potential for adversely affecting the wastewater system's operation or for violating any pretreatment standard or requirement, the town may at any time, on its own initiative or in response to a petition received from a user [and in accordance with procedures in 40 CFR 403.8(f)(6)] determine that such user should not be considered a significant industrial user.
   SLUG LOAD. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter or any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge.
   STANDARD METHODS. The procedure as described in the most current edition of Standards Methods for the Examination of Water and Wastewater, published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes, published by the EPA.
   SUSPENDED SOLIDS or TSS. The total suspended matter that floats on the surface of or in water, wastewater, or other liquids and which is removable by laboratory filtering.
   TOWN. The town of Cave Creek, for purposes of authority, including its employees and other agents unless expressly reserved to the Mayor and Town Council.
   USER. Any person, lot, parcel of land, building, premises, municipal corporation, or other political subdivision that discharges, causes, or permits any discharge, as defined herein, into the wastewater system.
   WASTEWATER. All domestic waste, industrial waste, and any other liquid discharged into the wastewater treatment system.
   WASTEWATER TREATMENT SYSTEM or WASTEWATER SYSTEM. All components of the wastewater treatment system owned or leased by the town, including but not limited to public sanitary sewer lines, lift stations, treatment facilities, and effluent disposal and recharge facilities.
(Ord. 99-04, passed 2-16-99)