(A) Unless otherwise defined herein, terms shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and American Water Works Association and the Water Pollution Control Federation and as set forth in 40 C.F.R. § 136.
(B) Waste constituents and characteristics shall be measured by Standard Methods unless a mutually agreed upon accepting alternative method is adopted, or in another method established by state or federal regulatory agencies.
(C) Monitoring and metering will be carried out using customarily accepted methods.
(D) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED
or
DULY AUTHORIZED REPRESENTATIVE OF THE USER.
(1) If the user is a corporation:
(a) 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
(b) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management 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.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) 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.
(4) The individuals described in subdivisions (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 town.
BENEFICIAL USES. These include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.
BIOCHEMICAL OXYGEN DEMAND or BOD. Of sewage, sewage effluent, polluted waters or industrial wastes: the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for 5 days at 20°C. The laboratory determinations of BOD shall be made in accordance with procedures set forth in Standard Methods, therein and conventionally referred to as BOD5.
BUILDING DRAIN. The lowest horizontal piping of a building drainage system which receives the discharge from soil pipes, waste pipes and other drainage pipes inside a building and conveys it to a point outside of the building.
CHEMICAL OXYGEN DEMAND or COD OF SEWAGE, SEWAGE EFFUENT, POLLUTED WATERS or INDUSTRIAL WASTES. A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.
COMBINED SEWER. A sewer which carries storm, surface or ground water runoff in addition to sewage.
COMPATIBLE POLLUTANTS. Wastewater having or containing:
(a) Measurable biochemical oxygen demand;
(b) Suspended solids;
(c) ph;
(d) Fecal coliform bacteria; or
(e) Additional pollutants identified or defined in the Town's National Pollutant Discharge Elimination System (NPDES) permit or by the state or board.
CONSTITUENTS AND CHARACTERISTICS (of WASTEWATER). The chemical, physical, bacteriological and radiological properties, including volume, flow rate and other properties which serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
COUNCIL. The Town of Fremont Town Council. It is the governing body of the sewerage system of the town, which system is a public service.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where
DAILY MAXIMUM LIMITS
are expressed in mass, the daily discharge is the total mass discharged over the course of the day. Where
DAILY MAXIMUM LIMITS
are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DEBT SERVICE CHARGE. A charge levied on users of a treatment works to fund debt service on outstanding revenue bonds and current capital costs.
EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food or from the handling, storage or sale of produce.
INCOMPATIBLE POLLUTANTS. Any pollutants which are not compatible pollutants.
INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow into or enter the sewerage system or ground from any industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by any person and shall further mean any waste from an industrial user, but not including sanitary sewage or storm water.
INFILTRATION. The water entering the sewerage system directly or via private sewers, building drains and building sewers connected therewith, from the ground, through means such as, but not limited to, defective pipe joints, connections or manhole walls.
INFLOW. Water other than wastewater entering the sewerage system from sources such as leaders, cellar, yard area and foundation drains, drains from springs and swampy areas, manhole areas, cross connections between storm and sanitary sewers, catch basins, cooling towers, storm water, surface runoff and street wastewater or drainage.
INSPECTOR. A person authorized by the Town Council or the Superintendent to perform inspection duties assigned to him or her by the Town Council or Superintendent.
INTERFERENCE.
A discharge that, alone or in conjunction with a discharge or discharges from other sources, does one of the following:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods.
(2) Causes a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
(3) Prevents the use of the POTW's sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent state or local regulations:
(a) Section 405 of the Clean Water Act (33 U.S.C. 1345).
(b) The Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), including:
1. Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
2. the rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. 6941).
(c) The Clean Air Act (42 U.S.C. 7401).
(d) The Toxic Substances Control Act (15 U.S.C. 2601).
LATERAL SEWER or BUILDING (OR HOUSE) SEWER. The extension from the building to the sewerage system or other place of disposal.
LOCAL LIMIT.
Specific discharge limits developed and enforced by the town upon all users to implement the general and specific discharge prohibitions listed in 40 C.F.R. 403.5(a)(1) and (b).
MAJOR CONTRIBUTOR. A user discharging or introducing into the sewerage system:
(a) A flow of more than 50,000 gallons per average workday;
(b) A toxic pollutant in toxic amounts as defined in Pub. Law 92-500 as not adopted or as hereafter amended;
(c) A flow or pollutant concentration as now or hereafter defined or identified as a problem pollutant or flow by applicable state or federal regulations or by the Council;
(d) An effluent of significant impact, either singly or in combination with other contributors, on the wastewater treatment plant or the quality of its effluent; or
(e) Any substance unusual or unique in quality or quantity requiring special attention or processing in order to effect proper wastewater treatment.
MAY. May means that the act referred to is both permissible and approved.
NORMAL DOMESTIC SEWAGE. Sewage such as discharged by residential users, with a BOD5 concentration not in excess of 250 mg/l and a suspended solids concentration not in excess of 250 mg/l.
NPDES PERMIT. National pollutant discharge elimination system permit now or hereafter held by the Town and setting forth conditions for the discharge of any pollutants or combination of pollutants.
NUISANCE. Any substance which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property.
OPERATION AND MAINTENANCE. All expenses related directly to the operating and maintaining including replacement of the sewage works as identified in the Uniform System of Accounts for Wastewater Utilities or as prescribed by the Indiana State Board of Accounts under the general headings, plant operation and maintenance, sewer operation and maintenance, customer accounts, administrative and general, insurance and taxes.
PASS THROUGH.
A discharge which exits the town sewerage system 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 town's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON. Any natural person, or public or private corporation or any other entity whatsoever.
pH. The conventional scientific measure of the degree of acidity or alkalinity.
POLLUTION. An alteration of the quality of water by waste, contaminants or pollutants to a degree which renders the water unfit for beneficial users.
PRETREATMENT STANDARDS
or
STANDARDS.
Prohibited discharge standards, categorical pretreatment standards, and local limits.
PUBLIC SEWER. A sewer owned by the town.
RECEIVING SEWER SYSTEM. The Fremont municipal sewer system.
REPLACEMENT.
(a) Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which works were designed and constructed.
(b) The term OPERATION AND MAINTENANCE includes REPLACEMENT.
SANITARY SEWAGE. Sewage such as, and having the characteristics of, domestic sewage from dwellings, factories or institutions, free from storm and surface water and industrial wastes.
SANITARY SEWER. A sewer intended to carry only sanitary or sanitary and industrial waste waters from residences, commercial buildings, industrial plants and institutions.
SEWER. A pipe or conduit laid for carrying sewage or other liquids, and solids suspended or entrained therein.
SEWER CHARGES. The total of the user charge and the debt service charge.
SEWERAGE SYSTEM. The network of publically owned sewers and appurtenances used for collection, transporting, and pumping wastewater to the wastewater treatment plant itself.
SHALL. Shall means the act referred to is mandatory.
SHREDDED GARBAGE. Garbage that is shredded to a degree so that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than 1/2 inch in dimension.
STORM SEWER. A sewer intended to carry only storm waters, surface runoff street wash waters and drainage.
SUPERINTENDENT. The Superintendent, subject to the control of the Council in all matters, of the Sewer Department.
SURCHARGE.
(a) A charge for sewerage services in addition to the basic sewer charge.
(b) This charge is assessed users whose sewage is of a nature so that it imposes upon the sewage works a burden greater than that covered by the basic user charge.
SUSPENDED SOLIDS.
(a) Solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration.
(b) Their concentration shall be expressed in milligrams per liter. Quantitative determinations shall be made in accordance with procedures set forth in Standard Methods.
TOWN. The Town of Fremont, Indiana.
USER. A person who introduces into or discharge into, including both the owner and occupant of real estate from which is introduced or discharged into the sewerage system, any substance whatever.
USER CHARGE. A charge levied on users of a treatment works for the user's proportionate share of the cost of operation and maintenance (including) replacement of the works.
USER CLASSES.
COMMERCIAL USER. Transit lodging, retail and wholesale establishments or places engaged in providing merchandise for personal, household or industrial consumption and/or rendering services to others.
GOVERNMENTAL USER. A user engaged in legislative, judicial or administrative activities of federal, state and local governments, such as court houses, police and fire stations, city halls and similar governmental users.
INDUSTRIAL USER. Any user who discharges industrial wastes, as defined above.
INSTITUTIONAL USER. A publicly or privately owned school, hospital, nursing home, prison or other similar institution whose wastes are segregated domestic wastes.
RESIDENTIAL USER. A user who introduces only normal domestic sewage from a single-family or multi-family dwelling into the sewerage system.
WASTE. Sanitary sewage and any and all other waste substances, liquid, solid, gaseous or radio-active, associated with human or animal origin, or from any production, processing, manufacturing or industrial operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
WASTEWATER. The water-carried waste from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with the ground, surface and storm waters that may be present.
WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used by the town for treatment and disposing of sewage, sludge and other sewage constituents and products.
(1996 Code, § 9-21) (Am. Ord. 2012-02, passed 3-20-2012)