§ 53.01  DEFINITIONS.
   (A)   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. Federal Water Pollution Control, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et. seq.
      ADDITIONAL TREATMENT COSTThat portion of the service charge which is levied on those users whose wastes are greater in strength than the concentration values established as representative of normal sewage or wastewater.
      APPROVAL AUTHORITY. The Tennessee Department of Environment and Conservation, Division of Water Resources.
      AUTHORIZED or DULY AUTHORIZED REPRESENTATIVE OF THE USER.
         (a)   If the user is a corporation:
            1.   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
            2.   The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
         (b)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
         (c)   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 activities of the government facility, or their designee.
         (d)   The individuals described in divisions (1) through (3) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the control authority.
      BEST MANAGEMENT PRACTICES or BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 53.06 (Tenn. Rule. § 0400-40-14-05(1)(a) and (2)). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
      BENEFICIAL USE.  Uses of the waters of the state that may be protected against quality degradation uses, including domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic, enjoyment, navigational and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves and other uses, both tangible or intangible as specified by federal or state law.
      BOD (denoting BIOCHEMICAL OXYGEN DEMAND).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.
      BUILDING SEWER.  The extension from the building to the public sewer or other place of disposal, also called house connection.
      CATEGORICAL STANDARDS. 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. § 1317) that apply to a specific category of users that appear in 40 CFR Chapter I, Subchapter N, parts 400-471.
      CHLORINE REQUIREMENT.  The amount of chlorine in milligrams per liter, which must be added to sewage to produce a residual chlorine content or to meet the requirements of some other objective in accordance with procedures set forth in 40 CFR 136.
      COMBINED SEWER.  A sewer receiving or intended to receive both wastewater and storm or surface water.  (“Intend” is the active verb).
      COMPATIBLE WATER.  Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus any additional pollutants identified in the publicly owned treatment works NPDES permits, for which the publicly owned treatment works is designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.
      CONTROL AUTHORITY. The Town of Collierville.
      EASEMENT.  An acquired legal right for the specific use of land owned by others.
      ENVIRONMENTAL PROTECTION AGENCY or EPA. Environmental Protection Agency, an agency of the United States or, where appropriate, the term may also be used as a designation for the Administrator or duly authorized official of said agency.
      FLOATABLE OIL.  Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved treatment facility. All wastewater shall be considered free of floatable oil if it is properly pretreated and does not interfere with the collection system.
      GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
      GRAB SAMPLE.  A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and is collected over a period of time not to exceed 15 minutes. Grab sampling procedure: where composite sampling is not an appropriate sampling technique, a grab sample(s) shall be taken to obtain influent and effluent operational data. Collection of influent grab samples should precede collection of effluent samples by approximately one detention period. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year. Grab samples will be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical or physical interactions which take place after sample collection and affect the results.
      HOLDING TANK WASTEAny waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
      HYDROGEN CONCENTRATION. See pH.
      INCOMPATIBLE WASTE.  All pollutants other than compatible as defined within.
      INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into a POTW from any non-domestic source.
      INDUSTRIAL USER.  A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 USC 1342).
      INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; or exceeds the design capacity of the treatment works or the collection system.
      LOCAL HEARING AUTHORITY. Board of Mayor and Aldermen.
      MASS EMISSION RATE. The weight of material discharged to the community sewer system during a given time interval. Unless otherwise specified, the MASS EMISSION RATE shall mean pounds per day of a particular constituent or combination of constituents.
      MAY.  This term is permissive.
      NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issue to a publicly-owned treatment works pursuant to Section 402 of the Act (33 USC 1342).
      NATIONAL PRETREATMENT STANDARDS or PRETREATMENT STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 USC 1347) which applies to industrial users.
      NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows into a watercourse, pond, ditch, lake or other body of surface or ground water.
      NEW SOURCE.
         (a)   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:
            1.   The building structure, facility or installation is constructed at a site at which no other source is located;
            2.   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
            3.   The production or wastewater generated 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.
         (b)   Construction of a new source as defined under this section has commenced if the owner or operator has:
            1.   Begun, or caused to begin as part of a continuous onsite construction program:
               a.   Any placement, assembly, or installation of facilities or equipment; or
               b.   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
            2.   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 division.
      PASS THROUGH. Discharge which exits the POTW 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 POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).
      PERSON. Any individual, firm, company, association, society, corporation or group.
      pH. The logarithm of the reciprocal of hydrogen ion concentration. The concentration is the weight  of hydrogen ions in grams per liter of solution. Natural water, for example, has a pH value of seven and a hydrogen ion concentration of 10 to the negative seventh power.
      POLLUTED WATERS.  Those waters which when discharged to a watercourse cause the deterioration of water quality so as to make the water unsuitable for uses as defined by the regulatory agency.
      PRETREATMENT.  The reduction of the amount of pollutants, the elimination of pollutants or the alternation of the nature of pollutant properties in the wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the publicly-owned treatment works. The reduction and alteration can be obtained by physical, chemical or biological processes, process changes or by other means except as prohibited by 40 CFR 403.6(d).
      PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
      PROPERLY SHREDDED GARBAGE.  The wastes from the preparation, cooking and dispensing of food that has been shredded to such 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 inch in any dimension.
      PUBLIC SEWER.  A common sewer controlled by the Town.
      PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works which is owned by the Town. This definition includes any sewers that convey wastewater to such a treatment works, but does not include pipes, sewers, or other conveyances that are not connected to a facility providing treatment. The term also includes the Town, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
      REGULATORY AGENCY.  The Tennessee Department of Environment and Conservation or the Memphis/Shelby County Health Department of Public Health, whichever has jurisdiction.
      SANITARY SEWER.  A sewer which carries sewage or wastewater to which storm, surface and groundwater are not intentionally admitted.
      SERVICE CHARGE.  The assessment levied on all users of public sewer system.
      SEWAGE or WASTEWATER.  A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with any ground water, surface water and storm water that may be present.
      SEWAGE or WASTEWATER TREATMENT PLANT.  An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT.
      SHALL.  This term is mandatory.
      SIGNIFICANT INDUSTRIAL USER or SIU. Any industrial/commercial user of the Town  wastewater system or wastewater systems connected to the Town wastewater system that is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N. and/or has a discharge flow of 25,000 gallons or more per average work day; and/or has a discharge which is greater than 5% of the hydraulic flow, and/or organic design capacity of the portion of the town wastewater system being utilized; and/or has a discharge which contains toxic pollutants or priority pollutants as defined pursuant to Section 307 of the Act of Tennessee Statutes and rules and regulations; and/or is found by the Town, the State of Tennessee or the EPA to have significant impact either singly or in combination with other contributing industries on the wastewater system, the quality of sludge produced, the wastewater system’s effluent quality, groundwater in the area, or air emission generated by the wastewater system.
      SLUDGE or WASTEWATER TREATMENT.  All facilities for collecting, pumping, treating and disposing of sewage.
      SLUG DISCHARGE. Any discharge at a flow rate or concentration which could cause a violation of any terms of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, which 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 National Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
      STORM DRAIN/STORM SEWER.  A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
      SUSPENDED SOLIDS.  Total suspended matter that either floats on the surface or, is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed by “Standard Methods” and referred to as nonfiltering residue.
      TOWN.  The Town of Collierville, Tennessee.
      TOXIC POLLUTANT.  Any pollutant or combination of pollutants listed as toxic and regulation promulgated by the Administrator of the Environmental Protection Agency under the provisions of 33 USC 1317.
      TWENTY-FOUR HOUR FLOW PROPORTIONAL COMPOSITE SAMPLE.  A sample consisting of several effluent portions collected during a 24-hour period in which the portions of samples are proportionate to the flow and combined to form a representative sample.
      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 POTW.
      USER.  Any person that discharges, causes or permits the discharge of wastewater into a community sewer.
      WATERCOURSE.  A channel or conduit in which a flow of water occurs, either continuously or intermittently.
   (B)   No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the regulatory agency when industrial wastes prior to discharge to a watercourse are treated in a manner that is approved by the regulatory agency, no connection to the public sewer shall be required.
   (C)   Terms for which definitions are not specifically herein provided shall be interpreted as defined in the most recent edition of “Glossary Water and Wastewater Control Engineering” as published by the Water Pollution Control Federation, Washington, D.C., unless the definition is not consistent with 40 CFR 403.
(`83 Code, § 13-201)  (Am. Ord. 2017-07, passed 5-8-17)