§ 51.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
   APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the appropriate United States Environmental Protection Agency (EPA) regional administrator in a non-NPDES state or NPDES state without an approved state pretreatment program.
   APPROVED LABORATORY PROCEDURES. The measurements, test and analysis of the characteristics of water and wastes in accordance with analytical procedures as established in Title 40, C.F.R., Part 136, as revised, that are performed by an environmental laboratory licensed by the state pursuant to A.R.S. Title 36, Chapter 4.3 (A.R.S. §§ 36-495 et seq.). Alternative procedures may be approved by the Director in accordance with applicable federal regulations.
   AVERAGE QUALITY. The arithmetic average (weighted by flow value) of all the daily determinations of concentrations, as that term is defined herein, made during a calendar month.
   BEST MANAGEMENT PRACTICES (BMP). Measures or practices used to reduce the amount of pollution entering the sanitary sewer system, surface water, air, land or ground waters.
   BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20°C, expressed in milligrams per liter.
   BRANCH SEWER. An arbitrary term for a sewer which receives sewage from more than one public sewer from a relatively small area.
   BUILDING CONNECTION. The extension from a sewer tap to the property line, or to the easement line of the property to be served.
   BUILDING OFFICIAL. The town's chief building official or his or her authorized representative.
   BUILDING SEWER. The extension from the building drain to the building connection or other place of disposal.
   BYPASS. The intentional diversion of wastes from any portion of a treatment facility.
   CATEGORICAL STANDARDS (NATIONAL/FEDERAL CATEGORICAL PRETREATMENT STANDARDS). Those standards promulgated by the United States Environmental Protection Agency (EPA) under the authority of § 307(b) and (c) of the Clean Water Act (33 U.S.C.§ 1317) which apply to a specific category of industrial user and which are published in Title 40, C.F.R. Chapter 1, subchapter N (parts 405-471) and are incorporated in this chapter by reference.
   C.F.R. Code of Federal Regulations.
   COD (CHEMICAL OXYGEN DEMAND). The quantity of oxygen consumed from a chemical oxidation of inorganic and organic matter present in the water and wastewater expressed in milligrams per liter.
   COMBINED SEWER. A sewer receiving both surface runoff and sewage.
   COMMERCIAL USER. Any nonresidential user which provides a service or one connected with commerce and which is not classified as an industrial user. The Director maintains a list of the types of businesses that are commercial users and has the authority to classify specific users.
   COMPOSITE SAMPLE. A combination of individual samples obtained at regular intervals over a specific time period. The volume of each individual sample shall be either proportional to the flow rate during the sample period (flow composite) or constant and collected at equal time intervals during the composite period (time composite) as defined in the permit.
   COMPOSITE SAMPLE QUALITY. The concentration of some parameter tested in a COMPOSITE SAMPLE as that term is defined herein.
   COOLING WATER. The clean wastewater discharged from any heat transfer system such as condensation, air conditioning, cooling or refrigeration.
   DAILY AVERAGE EFFLUENT LIMITATION. The maximum allowable concentration in the discharge as measured in a representative sample during a sampling day.
   DEPARTMENT. The Public Works Department of the town.
   DEVELOPER. Any person engaged in the organizing and financing of a wastewater collection system within an area contributing to a branch, main or a trunk sewer of the town's sewer system. Such may be either a subdivider or a legally constituted improvement district.
   DIRECTOR. The Public Works Director of the Public Works Department, or his or her authorized deputy, agent or representative.
   DISCHARGE. The disposal of any sewage, pollutant(s), water or any liquid from any sewer user into the sewerage system.
   DOMESTIC USER. Any user who discharges only domestic wastewater.
   DOMESTIC WASTE. A typical, residential-type waste which requires no pretreatment under the provisions of this chapter before discharging into the sanitary sewer system, excluding all commercial, manufacturing and industrial waste.
   DOMESTIC WASTEWATER. Any waterborne wastes derived from the ordinary living processes in a residential dwelling unit, of the character as to permit satisfactory disposal, without special treatment, by conventional POTW processes.
   EPA. The United States Environmental Protection Agency.
   ESTABLISHMENT PLANT. Any establishment or plant producing liquid waste, with or without suspended solids, required to be discharged into the town's sewer system.
   FREE ACCESS. The ability of the town's personnel to enter user facilities under safe and non- hazardous conditions with a minimum of delay to inspect any and all parts of the user's facility.
   GARBAGE. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
   GENERATOR. A person who generates septage.
   GRAB SAMPLE. An individual sample of effluent collected in less than 15 minutes without regard for flow or time of day.
   GRAB SAMPLE QUALITY. The concentration of some parameter tested in a GRAB SAMPLE, as that term is defined herein.
   INDUSTRIAL DISCHARGE. Any introduction into the POTW of a non-domestic pollutant which:
      (1)   Is produced by a source which would be subject to any categorical standards or pretreatment requirements if the source were to be discharged to the POTW; or
      (2)   Contains any substance or pollutant for which a discharge limitation or prohibition has been established by any categorical standard or pretreatment requirement.
   INDUSTRIAL USER.
      (1)   A source of industrial discharge;
      (2)   Any nonresidential user of the sewer system which discharges more than the equivalent strength of 25,000 gallons per day of domestic wastes;
      (3)   Any significant industrial user;
      (4)   Has control over the disposal of a waste as described in divisions (1), (2) or (3) above; or
      (5)   Has the right of possession and control over any property which produces a waste as described in divisions (1), (2), (3) or (4) above.
   INDUSTRIAL WASTE. Any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without suspended solids excluding uncontaminated water.
   INFLOW. Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage.
   INSTANTANEOUS EFFLUENT LIMITATION. The maximum allowable concentration in the discharge at any time as measured in a grab sample. In determining compliance with the instantaneous effluent limitation.
   INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the POTW, its treatment processes, operations or its sludge processes, use or disposal; and
      (2)   Therefore is a cause of a violation of any requirement of any environmentally related permit issued by a governmental entity (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 thereunder (or more stringent state or local regulations) § 405 of the Clean Water Act (33 U.S.C. § 1345), the Solid Waste Disposal Act (SWDA) (42 U.S.C. §§ 6901 et seq.), (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act (42 U.S.C. §§ 7401 et seq.), the Toxic Substance Control Act (15 U.S.C. §§ 2601 et seq.), the Marine Protection Research and Sanctuaries Act (16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.).
   LATERAL SEWER. A sewer that discharges into a branch or other sewer and has no other common tributary to it.
   LIQUID WASTE HAULER (OR HAULER OR WASTE HAULER). Any person carrying on or engaging in vehicular transport of wastewater or wastes as part of, or incidental to, any business for the purpose of discharging the waste into the town's treatment works.
   MAIN SEWER. A sewer which receives sewage from two or more branch sewers as tributaries.
   MAINTENANCE. Keeping the sewerage works in a state of repair, including expenditures necessary to maintain the capacity (capability) for which the works were designed and constructed.
   NATIONAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Clean Water Act (33 U.S.C. §§ 1317 et seq.) which applies to industrial users. This term includes prohibitive discharge limits established pursuant to title 40 C.F.R. pt. 403.5.
   NATURAL OUTLET. Any outlet into a watercourse, ditch or other body of surface or ground water.
   NEW SOURCE. 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 Clean Water Act (33 U.S.C. §§ 1317 et seq.) which will be applicable to the source if the standards are thereafter promulgated in accordance with that section, as and stated in detail in Title 40 C.F.R. pt. 403.3(k).
   NON-HAZARDOUS LIQUID WASTES (NHLW). The wastes specifically identified in § 51.120.
   NPDES PERMIT. A National Pollutant Discharge Elimination System permit, issued to the town by the EPA, which imposed federal standards governing the quality of the treated effluent discharged from the POTW.
   OIL and GREASE. The measure of oil and grease content of a sample as determined by EPA Method 413.1, or either equivalent test method approved by the Director.
   OIL and GREASE (TPH). For purpose of determining compliance with the oil and grease limitation contained in the code, OIL and GREASE is defined as the measure of petroleum and mineral oil (total petroleum hydrocarbons (TPH)) content of a sample as determined by EPA Method 418.1, or other equivalent test method approved by the Director.
   PASS-THROUGH. A discharge which exits the POTW into water 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 NPDES permit (including an increase in the magnitude or duration of a violation) or which causes or contributes to a violation of an applicable numeric or narrative water quality standard.
   PERMIT. A written control mechanism that the Director issues to particular users or classes of users under the authority of this chapter of the town code.
   PERMITTEE, PERMIT HOLDER. Any person, firm, association, corporation or trust which owns, operates, processes or controls an establishment or plant being operated under a valid permit to discharge wastewater into the town's sewer system.
   PERSON. Any individual, partnership, co-partnership, firm, company, association, joint stock company, trust, state, municipality, Indian tribe, political subdivisions of the state or federal government agency or any other legal entity, including their legal representatives, agents or assigns.
   pH. The logarithm of reciprocal of the weight of hydrogen ions in grams per liter of solution.
   POLLUTANT. Any dredged spoil, solid waste, incinerator, residue, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes.
   POLLUTION PREVENTION. Source reduction and other practices that reduce or eliminate the creation of pollutants through:
      (1)   Increased efficiency in the use of raw materials, energy, water or other resources; or
      (2)   Protection of natural resources by conservation.
   POTW. Publicly owned treatment works and connecting sewer collection system which are owned and/or operated, in whole or in part, by the town and which provide the town with wastewater collection and disposal services.
   POTW RESIDUALS. All POTW effluent and/or solids, including sludge, scum, screening and grit, which are the byproduct of wastewater treatment operations and which must be discharged to the environment for ultimate disposal and/or reuse.
   PRETREATMENT. The physical, chemical, biological or other treatment of any industrial discharge prior to discharge to the POTW, for the purpose of:
      (1)   Reducing the amount of concentration of any pollutant;
      (2)   Eliminating the discharge or any pollutant; or
      (3)   Altering the nature of any pollutant characteristic to a less harmful state.
   PRETREATMENT REQUIREMENTS. All of the duties or responsibilities imposed upon POTW users by this chapter.
   PRODUCER. Any person, firm, association, corporation or trust which owns, operates, possesses or controls an establishment or plant, whether or not a permittee.
   PROPERLY SHREDDED GARBAGE. Garbage 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-fourth of an inch in any dimension.
   PUBLIC SEWER. A branch, main or trunk sewer controlled and maintained by the town.
   RECYCLING. A material is recycled if it is used, reused or reclaimed. A material is used or reused if it is either:
      (1)   Employed as an ingredient (including its use as an intermediate) to make a product; however, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal containing secondary materials); or
      (2)   Employed in a particular function as an effective substitute for a commercial product. A material is reclaimed if it is processed to recover a useful product or if it is regenerated. Examples include the recovery and lead values from spent batteries and the regeneration of spent solvents.
   REPLACEMENT. Those expenditures made for obtaining and installing equipment, accessories and/or appurtenances during the useful life of the treatment works which are necessary to maintain the capacity and performance of the treatment works for which they were designed and constructed.
   REPRESENTATIVE SAMPLE. A composite sample obtained by flow proportional sampling techniques where feasible. When the Director determines that flow-proportional composite sampling is infeasible, the Director may allow or conduct composite sampling by time proportional techniques or by the compositing or averaging of one or more grab samples.
   SANITARY SEWER. A sewer which carries sewage and to which storm waters, surface waters and ground waters are not intentionally admitted.
   SEPTAGE. Aerobic wastewater originating from a domestic source, be it from a residential, commercial or industrial facility, that is not hazardous waste and is compatible with the biological wastewater treatment plant process.
   SEWAGE. A combination of water-carried wastes, from residences, business buildings, institutions and industrial establishments, together with the ground waters, surface waters and storm waters as may be present.
   SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
   SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage. As used in this chapter, the term SEWER SYSTEM or SEWERAGE WORKS shall have the same meaning and definition as SEWAGE WORKS.
   SEWER. A pipe or conduit for carrying sewage.
   SEWER CONNECTION. The connection to the public sewer and the extension therefrom of the sewer to the property line at the alley or the curb line of the street, whichever is applicable, depending on the location of the public sewer.
   SEWER CONNECTION FEE. The initial sewer connection charge.
   SEWER TAP. The wye, saddle or other device placed on a public sewer to receive a building connection.
   SIGNIFICANT INDUSTRIAL USER.
      (1)   All users subject to categorical pretreatment standards under Title 40, C.F.R. pt. 403.6 and Title 40, C.F.R. Chapter I, subchapter N (parts 405-471).
      (2)   Any other user that:
         (a)   Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
         (b)   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
         (c)   Is designed as such by the Director on the basis that he or she has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
   SIGNIFICANT NONCOMPLIANCE. An industrial user is in a state of significant noncompliance (SNC) when violations meet one or more of the following criteria:
      (1)   CHRONIC VIOLATIONS OF WASTEWATER DISCHARGE LIMITS, defined here as those in which 66% or more of all the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
      (2)   TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Director determines has caused, alone or in combination with other discharges, interferences or pass-through (including endangering the health of POTW personnel or the general public);
      (4)   Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under this chapter to halt or prevent such a discharge;
      (5)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction or attaining final compliance;
      (6)   Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation or group of violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
   SLUG DISCHARGE. Any discharge of non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge.
   SOURCE REDUCTION. Any practice which:
      (1)   Reduces the amount of pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and
      (2)   Reduces the hazards to public health and the environment associated with the release of the substances, pollutants or contaminants.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC). A coded classification of industries based upon economic activity developed by the United States Department of Commerce as published in the Standard Industrial Classification Manual, 1972, Office of Management and Budget.
   STANDARD METHODS. The procedure as described in the most current edition of Standard 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 United States Environmental Protection Agency.
   STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
   SUSPENDED SOLIDS (SS). Solids measured in milligrams per liter that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtration device as defined in the Standards Methods as defined herein.
   SYSTEM DESIGN CAPACITY. The design capacity for normal domestic wastewater as established by accepted engineering standards.
   TOTAL ORGANIC CARBON (TOC). The total of all organic compounds expressed in milligrams per liter as determined by the combustion-infrared method prescribed by approval laboratory procedures.
   TOWN OF FLORENCE; TOF. Town of Florence.
   TREATMENT PARAMETER. A fundamental characteristic of sewage around which treatment is designed, such as, but not limited, flow, BOD and suspended solids.
   TRUNK SEWER. A sewer which received sewage from many tributary main sewers and serves as an outlet for a large territory.
   UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities or improper operation and maintenance or lack thereof.
   USER. Any person, lot, parcel of land, building, premises, municipal corporation or other political subdivision that discharges, causes or permits the discharge of wastewater into the sewage system.
   WASTE COURSE. A channel in which a flow of water occurs, either continuously or intermittently.
   WASTE MINIMIZATION. Any activity which eliminates or reduces the amount of any pollutant from entering the waste stream or the environment. This may include a change in raw materials, operational improvement, process improvement, product reformulation, reuse or reclamation.
   ZERO PROCESS DISCHARGE USER. The term applies to those users that only discharge domestic wastes or have no discharge, but have significant quantities or hazardous materials or high strength waste, which if discharged, would be regulated by this chapter. The facilities may be regulated by requiring them to have zero discharge of process wastes, thus allowing only domestic wastes to be discharged.
(Prior Code, Ch. 18, Art. III, § 18-150) (Ord. 346-04, passed 6-21-2004)