For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act Amendment of 1972, as amended.
APPROVAL AUTHORITY. The Director in the national pollutant discharge elimination permit (NPDES) state with an approved state pretreatment program and the Administrator of the Environmental Protection Agency (EPA) in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be:
(1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
(2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
(3) A duly authorized representative of the individual designated above, if the representative is responsible for the overall operation of the facilities for which the indirect discharge originates.
BILLABLE EXCESS BIOCHEMICAL OXYGEN DEMAND (BOD). A user’s loading in pounds of BOD calculated using the billable flow and concentration of BOD in the wastewater in excess of 400 mg/l.
BILLABLE EXCESS CHEMICAL OXYGEN DEMAND (COD). The user’s loading in pounds of COD calculated using the billable flow and concentration of COD in the wastewater in excess of 1,000 mg/l.
BILLABLE EXCESS KJELDAHL. NITROGEN (TKN). A user’s loading in pounds of TKN calculated using the billable flow and concentration of TKN in the wastewater in excess of 50 mg/l.
BILLABLE EXCESS TOTAL SUSPENDED SOLIDS. A user’s loading in pounds of TSS calculated using the billable flow and concentration of TSS in the wastewater in excess of 400 mg/l.
BILLABLE FLOW. Any type of a user’s recorded water usage as metered by the appropriate water, plus metered water from wells and other sources, and less any sewer-exempt metered data times the local government approved percentage factor for wastewater entering the wastewater disposal system out of the metered water.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen, expressed in milligrams per liter (mg/l) utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C.
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system which receives sanitary or industrial wastewater only and is located inside the walls of a building and conveys the wastewater to the building sewers which begins five feet outside the building wall.
CATEGORICAL STANDARDS. National categorical pretreatment standards or pretreatment standard.
CHEMICAL OXYGEN DEMAND. The total amount of oxygen required to oxidize all of the organic matter in a waste to carbon dioxide, water and ammonia nitrogen by potassium dichromate under acid conditions as described in Standard Methods.
CLASSES OF USERS. The division of POTW customers by waste characteristics and process discharge similarities or function such as residential, commercial, institutional, industrial or governmental.
COLLECTION SEWER. A sewer whose primary purpose is to collect wastewater from individual point source discharges.
COMMERCIAL USER. A user engaged in the purchase or sale of goods or in a transaction or business or who otherwise renders a service.
COMPATIBLE POLLUTANT. Biochemical oxygen demand; suspended solids; pH, and fecal coliform bacteria; plus any additional pollutants identified in the POTW NPDES permit, where the POTW is designed to treat the pollutants and, in fact does treat the pollutants to the degree required by the NPDES permit.
COOLING WATER. The water discharged from any use such as air conditioning cooling or refrigeration or to which the only pollutant added is heat.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
DIVISION OF ENVIRONMENTAL MANAGEMENT (DEM): EASEMENT. An acquired legal right for the specific use of land owned by others.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of the agency.
FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility. Wastewater shall be considered free of FLOATABLE OIL if it is properly pre-treated and the wastewater does not interfere with the wastewater disposal system.
GARBAGE. The animal or vegetable wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage and sale of produce.
GREASE TRAP OR INTERCEPTOR. A device for separating waterborne greases and grease complexes from wastewater and retaining and "trapping" such greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. Grease traps also serve to collect solids that settle, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. GREASE TRAPS AND INTERCEPTORS are sometimes referred to herein as GREASE INTERCEPTORS.
HEALTH OFFICER. Any person designated by the local government to be responsible for maintaining sanitary conditions and reporting violations.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers septic tanks and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT. All pollutants other than compatible pollutants as defined.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U.S.C. § 1317), including holding tank wastes into the POTW.
INDUSTRIAL USER. A manufacturing or processing facility which is engaged in a production or profit-making venture. 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).
INFILTRATION. The water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe points, connections or manhole walls.
INFILTRATION/INFLOW. The total quality of water from both infiltration and inflow without distinguishing the source.
INFLOW. The water discharge into the public sewer system, including building drains and sewers, from such sources as, but not limited to, roof leaders; cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross- connections from storm sewers and/or combined sewers; catch basins; storm waters; surface runoff; street wash waters or drainage.
INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater to a treatment facility.
INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operation which contributes to a violation of any requirements of the POTW’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act, (33 U.S.C. § 1345) or any criteria, guidelines or regulation developed pursuant to the Solid Waste Disposal Act (SWDA) being 42 U.S.C. §§ 6901 et seq., the Clean Air Act being 33 U.S.C. §§ 1251 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq. or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
LOCAL GOVERNMENT. The Town of Dallas, County of Gaston, North Carolina acting through its Mayor and Town Board.
MAY. Permissive.
NATIONAL CATEGORICAL PRETREAT- MENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION PERMIT. A permit issued under the national pollutant discharge elimination system (NPDES) for discharge of wastewater to the navigable waters of the United States.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act, being 33 U.S.C. § 1317(b) and 40 C.F.R. § 403.5.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other surface water or groundwater.
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to the source, if the standard is thereafter promulgated within 120 days of proposal in the federal register. Where the standard is promulgated later than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.
OPERATION AND MAINTENANCE COSTS. Includes all costs, direct and indirect not including debt service and capital related expenditures, but inclusive of expenditures attributable to administration, monitoring, inspection, reviewing application, maintenance of equipment and treatment and collection of wastewater, necessary to ensure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long-term facility management.
PERSON. Any individual, partnership, co-partnership, firm, company, association, joint stock company, trust, estate, governmental entity or any other legal entity, or his or her or its or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.
pH. The term used to express the intensity of the acid or base condition of a solution as determined by Standard Methods.
PRETREATMENT. The reduction of the amount of pollutant, the elimination of pollutant or the alteration of the nature of pollutants properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes of other means, except as prohibited by 40 C.F.R. § 403.6(d).
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRIVATE SEWER. A sewer which is not owned by the town.
PUBLIC SEWER. A sewer which is owned and controlled by the town, and is separate from and does not include sewers owned by other governmental units.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned by the town. 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 purpose of this chapter, POTW shall also include any sewers that convey wastewaters from persons outside the town who are, by contract or agreement with the local government, users of the POTW.
REPLACEMENT COSTS. The capital expenditures for obtaining and installing equipment, accessories or appurtenance necessary during the service life of the POTW to maintain the capacity and performance for which the works were designed and constructed.
SANITARY SEWER. A sewer which carries sanitary and/or industrial wastewater, from residences, commercial buildings, industrial plants and institutions. SANITARY SEWERS are separate and distinct from storm sewers and are not intended to carry surface runoff or groundwater.
SHALL. Mandatory.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the POTW who:
(1) Has a discharge flow of 25,000 gallons or more per average work day;
(2) Has a flow greater than 5% of the flow in the POTW;
(3) Has in his or her wastes toxic substances as defined pursuant to § 307 of the Act, being 33 U.S.C. § 1317 or state statutes and rules; or
(4) Is found by the local government, Division of Environmental Management (DEM) or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of sludge, the system’s effluent quality or air emissions generated by the system.
SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for a period duration longer than 15 minutes more than five times the average 24- hour concentrations or flow during normal operation and shall adversely affect the wastewater disposal system so as to prevent attainment of effluent limitations or to substantially increase operation and maintenance requirements.
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, 1972.
STANDARD METHODS. The laboratory procedures set forth in the following sources: Standard Method for the Examination of Water and Wastewater, as amended, prepared and published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation; Methods for Chemical Analysis of Water and Wastes, 1971, prepared and published by the Analytical Quality Control Laboratory. U.S. Environmental Protection Agency; Guidelines Establishing Test Procedures for the Analysis for Pollutants, enumerated in 40 C.F.R. §§ 136.1 et seq. (1973), as amended; and/or any other procedures recognized by the U.S. EPA and the North Carolina Division of Environmental Management.
STATE. State of North Carolina.
STORM SEWER. A sewer that carries only storm waters, surface runoff, street wash and drainage and to which sanitary and/or industrial wastewater is not intentionally admitted.
SUPERINTENDENT. The Town Board of the Town of Dallas, or its authorized deputy, agent or representative.
TOTAL KJELDAHL NITROGEN (TKN). The organic nitrogen and ammonia nitrogen content of a wastewater as determined by Standard Methods.
TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that either floats on the surface of, or is in suspension with, water, wastewater or other liquids and is removable by laboratory filtration as prescribed in Standard Methods.
TOXIC SUBSTANCES. Any substances whether gaseous, liquid or solid, which when discharged into the wastewater disposal system in sufficient quantities may tend to interfere with any wastewater treatment process or to constitute a hazard to recreation in the receiving waters of the effluent from the POTW. These TOXIC SUBSTANCES include, but are not limited to, those listed as toxic in regulations promulgated by the EPA under the provisions of the Clean Water Act, 33 U.S.C. § 1317(a) or other acts.
UNPOLLUTED WATER. Water of a quality equal to or better than the effluent criteria in effect, or water that is of sufficient quality that it would not be in violation of federal or state water quality standards if the water were discharged into navigable waters of the state.
USEFUL LIFE. The anticipated term in years of physical and/or functional productivity of elements and/or the whole of the wastewater disposal wastewater into the POTW.
USER. Any person who contributes, causes or permits the contribution of wastewater into the POTW.
USER CHARGE SYSTEM. The system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities.
WASTEWATER. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water and unintentionally admitted infiltration/inflow.
(1) SANITARY WASTEWATER. The combination of liquid- and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
(2) INDUSTRIAL WASTEWATER. A combination of liquid- and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment and shall include the wastes from pretreatment facilities and polluted cooling water.
WASTEWATER DISPOSAL SYSTEM. The structures, equipment and processes owned and controlled by the town (unless specified otherwise) required to collect, transport and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
(Prior Code, § F-I-2) (Ord. passed 9-8-2015)