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 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the appropriate regional administrator in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER. The person authorized to represent, sign and submit documents in accordance with the following criteria:
(1) By a responsible corporate officer, if the industrial user submitting the report is a corporation:
(a) A president, secretary, treasurer or 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 $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship respectively;
(3) The principal executive officer or director having responsibility for the overall operation of the discharging if the industrial user submitting the reports is a federal, state or local governmental entity, or their agents;
(4) By a duly authorized representative of the individual designated in divisions (1), (2) or (3) of this definition if the:
(a) Authorization is made in writing by the individual described in divisions (1), (2) or (3);
(b) Authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
(c) Written authorization is submitted to the city.
(5) If an authorization under division (4) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of division (4) must be submitted to the city prior to or together with any reports to be signed by the AUTHORIZED REPRESENTATIVE.
BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under a standard laboratory procedure in five days at 20°C, expressed in parts per million by weight.
BUILDING DRAIN. The 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 three 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 INDUSTRIAL USER. Any industrial user subject to categorical standards as established by the United States Environmental Protection Agency.
CATEGORICAL STANDARD. Regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act which applies to a specific category of industrial users.
CITY (OR INDIVIDUALS REPRESENTING THE CITY). The City of Clifton, Texas (or the City Secretary or an authorized deputy, agent or representative).
COMPOSITE SAMPLE. The sample resulting from the combination of individual samples taken at selected intervals based on an increment of either flow or time.
CONTROL AUTHORITY. The Mayor, City Secretary or designated appointees for the purpose of implementation and enforcement of this chapter.
ENVIRONMENTAL PROTECTION AGENCY. The United States Environmental Protection Agency; or where appropriate, the term may also be used as a designation for the Administrator or other authorized official of said agency.
GARBAGE. Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GRAB SAMPLE. An individual sample collected over a period of time not exceeding 15 minutes.
INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into a POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act, (33 U.S.C. § 1317) into the wastewater system (including holding tank waste discharged into the system).
INDUSTRIAL PERMIT. Permits issued to significant industrial users and categorical industrial users by the control authority as set forth in § 53.29(B) of this chapter.
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 U.S.C. § 1342).
INDUSTRIAL WASTES. The liquid wastes from industrial processes other than sanitary sewage.
INTERFERENCE. A discharge which, alone or in conjunction with other discharges, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
(2) 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 under such provisions (or more stringent state or local regulations): § 405 of the Clean Water Act being 42 U.S.C. §§ 7401 et seq.; the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) being 42 U.S.C. §§ 6901 et seq. and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act being 52 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act being 15 U.S.C. §§ 2601 et seq.; and the Marine Protection, Research and Sanctuaries Act being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT. A permit pursuant to § 402 of the Act.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water.
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 § 307(c) of the Act which will be applicable if the standards are thereafter promulgated; 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 an existing one that causes the discharge of pollutants at an existing source; or
(c) The discharges of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether discharges are substantially independent of an existing source at the same site, factors such as the extent to which the new facility engaged in the same general type of activity as the existing source shall be considered.
(2) Construction on the site of an existing discharge source results in a modification rather than a NEW SOURCE if the construction does not meet the criteria of divisions (1)(a) or (1)(c) of this definition, but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE has commenced if the owner or operator has:
(a) Begun or caused to be begun as part of a continuous on-site 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 necessary for the placement, assembly or installation of new source facilities or equipment.
(b) Entered into a building contractual obligation for the purchase of facilities or equipment intended to be used in new operations 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 definition.
NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with other discharges, is a cause of a violation of any NPDES permit (including an increase in the magnitude or duration of a violation).
pH. The logarithm (base 10) of the reciprocal of the weight of the hydrogen ion in grams per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal or agricultural waste discharged into water.
PRETREATMENT. The reduction, elimination or alteration of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to a POTW pretreatment program other than a categorical standard imposed on an industrial user.
PRETREATMENT STANDARDS or STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.
PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of foods that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
PUBLIC SEWER. A sewer owned and controlled by the city.
PUBLICLY OWNED TREATMENT WORKS. A treatment works, as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned by a state or municipality (as defined by § 502(4) of the Act). POTW includes any devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. For the purpose of this chapter, the POTW responsibilities of the city shall pertain to all devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature within the city’s jurisdictional boundaries prior to discharge. POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the POTW.
SANITARY SEWER. A sewer which carries sewage and to which storm waters, surface waters and ground waters are not intentionally admitted.
SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments, together with such ground waters, surface waters and storm waters as may be present.
SEWAGE TREATMENT PLANT. An arrangement of devices and structures used for treating sewage.
SEWER. A pipe or conduit for carrying sewage.
SEWERAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
SIGNIFICANT INDUSTRIAL USER.
(1) All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N;
(2) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blow-down wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority as defined in 40 C.F.R. § 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement (in accordance with 40 C.F.R. § 403.8(f)(6)); and
(3) Upon a finding that an industrial user meeting the criteria in division (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the control authority (as defined in 40 C.F.R. § 403.12(a)) may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SLUG LOAD. Any discharge of water, wastewater or industrial waste of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge in which the concentration of any given constituent or quantity of flow exceeds the applicable limits of a sewer use permit and/or the capacity of the sewer system or the treatment facility to provide adequate treatment before discharge.
STANDARD INDUSTRIAL CLASSIFICATION. 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.
STORM SEWER or STORM DRAIN. A sewer which carries storm waters and surface waters and drainage, but excludes sewage and polluted industrial wastes.
STORM WATER. Any flow occurring during or following any form of precipitation, and resulting from such precipitation, including snow melt.
SUSPENDED SOLIDS. Solids measured in mg/l that either float on the surface of or are suspended in water, wastewater or other liquid, and which are largely removable by a laboratory filtration device.
SYSTEM. All facilities for collecting, pumping, treating and disposing of sewage.
UPSET.
(1) An exceptional incident in which there is unintentional and temporary non-compliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user.
(2) An UPSET does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
USER. Any person who contributes, causes or permits the contribution of wastewater into the city’s wastewater system.
WASTEWATER. Any potable water that has been used by residents, businesses, institutions and industrial establishments.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(2012 Code, § 88-136)