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, being 33 U.S.C. §§ 1251 et seq., as amended from time to time.
APPROVAL AUTHORITY. The Director of the DEM.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be a principal executive officer of at least the level of vice-president, if the industrial
user is a corporation; a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BILLABLE BOD. A user’s loading in pounds of BOD calculated using the billable flow and concentration of BOD in the wastewater in excess of 300 mg/l.
BILLABLE COD. A user’s loading in pounds of COD calculated using the billable flow and concentration of COD in the wastewater in excess of 750 mg/l.
BILLABLE FLOW. A user’s recorded water usage as determined by the appropriate water utility, plus measured water from wells and other sources, and less any sewer-exempt measured water, times the local government approved percentage factor for wastewater entering the waste water disposal system. Alternatively, industrial users may have their BILLABLE FLOW determined by continuously measuring their wastewater discharge in a manner approved by the local government. Residential users on unmetered wells shall have their FLOW estimated by averaging the billable flow of all other residential users.
BILLABLE TKN. A user’s loading in pounds of TKN calculated using the billable flow and concentration of TKN in the wastewater in excess of 45 mg/l.
BILLABLE TSS. A user’s loading in pounds of TSS calculated using the billable flow and concentration of TSS in the wastewater in excess of 300 mg/l.
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 sewer, which begins five feet outside the building wall.
BUILDING SEWER. The extension from the building drain to the collection sewer or other place of disposal and conveys only sanitary or industrial wastewater.
CHEMICAL OXYGEN DEMAND (COD). The total amount of oxygen required to oxidize the organic matter in a waste as described in Standard Methods.
CLASSES OF USERS. The division of users by similar wastewater characteristics, business functions and the like, such as residential, institutional, industrial, governmental, restaurants, laundries and the like.
COMPATIBLE POLLUTANTS. BOD, TSS, pH and fecal coliform bacteria; plus any additional pollutants identified in the POTW’s permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NPDES permit.
COOLING WATER. The water used for air conditioning, refrigeration or other cooling applications.
DIRECT DISCHARGE. The discharge of wastewater directly to the waters of the state.
DIRECTOR OF PUBLIC UTILITIES. The authorized deputy, agent or representative of the city empowered to administer this subchapter.
EASEMENT. An acquired legal right for the specific use of land owned by others.
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.
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.
HOLDING TANK WASTES. Any waste from holding tanks such as chemical toilets, campers, trailers, septic tanks, vacuum-pump tank trucks and the like.
INCOMPATIBLE POLLUTANT. All pollutants other than compatible pollutants.
INDIRECT DISCHARGE. The discharge of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste).
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).
INFILTRATION. The extraneous groundwater entering the wastewater disposal system through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
INFLOW. The surface water entering the wastewater disposal system from such sources as, but not limited to roof leaders; cellar, yard and area drains; foundations drains, unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross-connections from storm sewers and/or combined sewers; catchbasins; storm waters; surface runoff; street wash waters; or drainage.
INTERFERENCE. The inhibition or disruption of the POTW which contributes to a violation of any requirements of the POTWs 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 development pursuant to the Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq., the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., or more stringent state criteria applicable to the method of disposal or use employed by the POTW.
LOCAL GOVERNMENT. The City of Elizabeth City, North Carolina, acting through its Mayor and City Council.
MAY. The act referred to is permissive and compliance is subject to the discretion of the local government.
NATIONAL CATEGORICAL PRETREAT-MENT STANDARD and 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. § 1317(b) and (c)) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION PERMIT. A permit issued under the National Pollutant Discharge Elimination System for discharge of wastewaters to waters of the United States.
NATIONAL PROHIBITIVE DISCHARGE STANDARD and 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 water source, pond, ditch, lake or other surface water or groundwater.
NEW SOURCE. Any wastewater source, the construction of which is commenced after the publication of proposed regulations prescribed in § 307(c) of this Act (33 U.S.C. § 1317(c)) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the federal register. Where the standard is promulgated within 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. All costs, direct and indirect, not including debt service and capital related expenditures, but inclusive of expenditures attributable to administration, monitoring, inspections, reviewing applications, maintenance of equipment and treatment and collection of wastewaters, necessary to assure 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, copartnership, firm, company, association, joint stock company, tract, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and 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 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 such 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 pretreatment standard imposed on an industrial user.
PRIVATE SEWER. A sewer which is not owned by the city.
PUBLIC OWNED TREATMENT WORKS (POTW). The treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the city. 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 subchapter, the term POTW shall also include any sewers that convey wastewaters from persons outside the city who are, by contract or agreement with the local government, users of the POTW or who are otherwise users of the POTW.
PUBLIC SEWER. A sewer which is owned and controlled by the city and is separate from and does not include sewers owned by other governmental units.
QUALIFIED LABORATORY. A laboratory currently certified by the state to perform wastewater analyses.
REPLACEMENT COSTS. The capital expenditures for obtaining and installing equipment, accessories or appurtenances necessary to maintain the capacity and performance of the POTW.
SANITARY SEWER. A sewer which carries sanitary and/or industrial wastewater from residences, commercial buildings, industrial plants, institutions or other structures.
SHALL. The act referred to is mandatory and requires compliance.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the POTW who discharges wastewater with substances subject to pretreatment standards or with characteristics exceeding surcharge or local prohibitive limitations or is found by the local government, the DEM or the 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, the receiving stream quality or air emissions generated by the system. Restaurants, auto washes, laundries, service stations and other similar commercial establishments shall not be considered SIGNIFICANT INDUSTRIAL USERS.
SLUDGE. Any discharge of wastewater which in concentration of any given constituent or in quality of flow exceeds for any period of a duration longer than 15 minutes more than five times the average 24-hour concentration 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 of the United States, Office of Management and Budget, 1972.
STANDARD METHOD. The laboratory procedures set forth in the latest edition of Standard Methods for the Examination of Water and Waste Water, prepared and published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation and/or any other procedures recognized by the DEM and the EPA.
STATE. The State of North Carolina.
STORM SEWER. A sewer that carries only storm waters, surface runoff and the like and to which waste water is not intentionally admitted.
TOTAL KJELDAHL NITROGEN (TKN). The sum of organic nitrogen and ammonia nitrogen content of a wastewater as determined by Standard Methods.
TOTAL SUSPENDED SOLIDS (TSS). Total suspended matter that either floats on the surface of, or is in suspension with, water, wastewater or other liquids and is removable laboratory filtration as described 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 substances include, but are not limited to those listed as toxic in regulations promulgated by the EPA under the provisions of CWA § 307(a), being 33 U.S.C. § 1317(a), or other acts.
UNPOLLUTED WATER. Water that is of sufficient quality that it would not be in violation of federal or state water quality standards if such water were discharged into waters of the state.
USER. Any person who discharges, causes or permits the discharge of wastewater into the wastewater disposal system.
USER CHARGE SYSTEM. The system of charges levied on users for the cost of operation and maintenance of the wastewater disposal system.
WASTEWATER. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, institutions and other structures, including polluted cooling water and wash water and infiltration/inflow.
(1) 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 faculties and polluted cooling water.
(2) SANITARY WASTEWATER. The combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
WASTEWATER DISPOSAL SYSTEM. The structures, equipment and processes owned and controlled by the city, unless specified otherwise, required to collect, transport and treat domestic and industrial wastewater and to dispose of the effluent and accumulated residual solids.
WATERS OF THE STATE. All streams, lakes, ponds, marches, water sources, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulation 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.
(2005 Code, § 90-105) (Ord. passed 9-10-1984; Motion passed 2-1-1993)