§ 51.001 DEFINITIONS.
   Unless the context specifically indicates otherwise, the meanings of the following terms as used in this chapter and as used in the Rules and Regulations adopted by the Board of Public Works implementing the provisions of this chapter for the Fort Wayne sewerage system are as set out below respectively:
   ACT. The Federal Water Pollution Control Act, also known as "The Clean Water Act," as amended, 33 U.S.C. 1251 et seq.
   APPLICABLE PRETREATMENT STANDARDS. Any pretreatment limit or prohibitive standard (federal, state and/or local) contained in the ordinance and considered to be the more restrictive with which non-domestic users shall be required to comply.
   APPROVAL AUTHORITY. The appropriate Regional Administrator in a non-NPDES State or NPDES State without an approved State pretreatment program.
   AREA CONNECTION FEE. An additional one-time fee charged per ERU at the time of or prior to connection to the sewer utility any classification of users discharging sewage to the water pollution control utility from a geographic area designated responsible to contribute to the payment of costs associated with installation, adjustment or other improvement to the water pollution control utility intended to serve the area connection area.
   AREA CONNECTION FEE AREA. An area, system or subsystem designated by the Board of Public Works wherein an area connection fee may be collected.
   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 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.
      (2)   If the user is a limited liability company: the managing member, president or vice-president of the limited liability company.
      (3)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
      (4)   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.
      (5)   The individuals described in divisions (1) through (4), 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 City.
   BEST MANAGEMENT PRACTICES (BMP's). As it pertains to industrial pretreatment, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403. BMP's include treatment requirements, operating procedures, and practices to control plant runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMP's also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.
   BIOCHEMICAL OXYGEN DEMAND (SOD). The quantity of dissolved oxygen, in milligrams per liter, required during the stabilization of the decomposable organic matter by aerobic biochemical action of sewage, sewage effluent, polluted waters or industrial wastes under standard laboratory procedures for five days at 20° centigrade. The laboratory determinations shall be made in accordance with procedures set forth in 40 CFR 136.
   BUILDING (OR HOUSE) DRAIN. That part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer.
      (1)   COMBINED. A building drain which conveys both sewage and storm water or other drainage.
      (2)   SANITARY. A building drain which conveys sewage only.
      (3)   STORM. A building drain which conveys storm water or other drainage, but not sewage.
   BUILDING (OR HOUSE) DRAIN CONNECTION. The point where the building (or house) sewer is connected to the building drain at a location approximately three feet outside the foundation wall of the building.
   BUILDING (OR HOUSE) SEWER. That part of the drainage system which extends from the end of the building drain and conveys its discharge to a public sewer, private sewer, individual sewage disposal system or other point of disposal.
      (1)   COMBINED. A building sewer which conveys both sewage and storm water or other drainage.
      (2)   SANITARY. A building sewer which conveys sewage only.
      (3)   STORM. A building sewer which conveys stormwater or other drainage, but not sewage.
   BUILDING (OR HOUSE) SEWER CONNECTION. The point where the building sewer is connected to the public sewer. This connection to the public sewer may be accomplished as follows:
      (1)   Where a tap-in connection is employed, the point of connection shall be where the end of the building sewer meets the inside face of the sewage system and the tapping "saddle and/or joint" shall be considered part of the building sewer.
      (2)   Where fittings (T’s or Y's) are employed the connection shall be where the end of the first pipe meets the end of the fitting and the said T or Y fitting shall be considered a part of the building sewer.
   BULK WASTE. Trucked or hauled wastewater delivered directly to the Water Pollution Control Plant or Biosolids Handling Facility for disposal pursuant to prior written approval.
   CAPITAL IMPROVEMENT SURCHARGE. The additional monthly charges service collected from retail sanitary sewer users discharging sewage to the water pollution control utility form a capital improvement surcharge area designated to be responsible to contribute to the payment of costs associated with installation, adjustment, other improvements to the water pollution control utility intended to serve the capital improvement surcharge area. Capital improvement surcharges are applied per ERU.
   CAPITAL IMPROVEMENT SURCHARGE AREA. An area, system or subsystem designated by the Board of Public Works wherein a capital improvement surcharge may be collected.
   CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard as defined below.
   CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) and codified in 40 CFR Chapter I, Subchapter N Parts 405-471, which contain pollutant discharge limits that apply to a specific category of industrial users.
   CFR. The Code of Federal Regulations. When referenced in this chapter, CFR shall mean, unless otherwise specified, the version of the Code of Federal Regulations in effect as of the latest revision to Chapter 51 of the Fort Wayne Code of Ordinances.
   CHEMICAL OXYGEN DEMAND (COD). A measure of oxygen equivalent to that portion of the organic matter in a sample of sewage, sewage effluent, polluted waters or industrial wastes that is susceptible to oxidation by a strong chemical oxidant. The laboratory determinations shall be made in accordance with procedures set forth in 40 CFR 136.
   CITY. The City of Fort Wayne, Indiana.
   CLASSIFICATION OF USERS.
      (1)   RESIDENTIAL USERS. Includes any user of the City's treatment works whose lot, parcel or real estate or building is used for domestic dwelling purposes only.
      (2)   COMMERCIAL USER. Includes all retail stores, restaurants, office buildings, laundries and other private business and service establishments, including those identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget Division I - Services.
      (3)   INDUSTRIAL USER. Any user who introduces pollutants into the POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act. INDUSTRIAL USERS shall be classified as follows:
         (a)   NON-DISCHARGE USERS. Includes all industries which discharge sanitary sewage only, and industrial users whose discharge is limited to non-contact cooling water, or boiler blowdown water.
         (b)   NON-MAJOR INDUSTRIAL USER. Includes all industries which discharge process water but do not meet the criteria of SIGNIFICANT INDUSTRIAL USERS.
         (c)   SIGNIFICANT INDUSTRIAL USERS (SIU). Except as provided in subdivisions 3 and 4 of this definition, a significant industrial user is an industrial user that meets one or more of the criteria stated in subdivisions 1 or 2 below (consistent with 40 CFR 403.3(v)(1)):
            1.   An industrial user subject to categorical pretreatment standards; or
            2.   An industrial user that:
               a.    Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
               b.    Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
               c.   Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement.
            3.   The City may determine that an industrial user subject to categorical pretreatment standards is a non-significant industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
               a.   The industrial user, prior to the City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
               b.   The industrial user annually submits the certification statement required at 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
               c.   The industrial user never discharges any untreated concentrated wastewater.
            4.   Upon a finding that an industrial user meeting the criteria in division 2. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such industrial user should not be considered a significant industrial user.
      (4)   INSTITUTIONAL USER. Includes social, charitable, religious and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.
      (5)   GOVERNMENTAL USER. Includes legislative, judicial, administrative and regulatory activities of federal, state and local governments.
   COMPLIANCE SAMPLE. A sample taken of a user's effluent approximately 30 days after a violation of this chapter, the user's permit or the federal pretreatment standards and regulations has been discovered or reported. The user shall be billed for any compliance sample taken.
   COMPOSITE SAMPLE. The sample resulting from the combination of discrete wastewater samples taken at selected intervals while the discharge rate is at or above normal based on an increment of either flow or time. Time intervals between discrete samples not to exceed two hours. The total duration of collection shall not exceed 24 hours.
   CONTRACT CUSTOMER. Any user of the City Utilities Water Pollution Control Utility that has signed a long-term contract committing to send sewage flows to the Fort Wayne treatment works for treatment; and that has provided growth projections and estimated average daily flows that allow Fort Wayne to reserve capacity in the collection and treatment system for such flows and that has committed — via contract — to control peak flows or pay penalties for exceedances; or which has customers for whom Fort Wayne does not provide direct account management and other administrative services and does not provide direct sewage collection and conveyance services; or any customer that has — by contract — has committed themselves to terms and conditions that are not applicable to retail customers. Users that do not meet these criteria shall be considered retail users.
   CONTRIBUTING MUNICIPALITY. A municipality that conveys sewage collected from users within its territory to the City's POTW for treatment pursuant to an interlocal agreement or other contract. For purposes of this chapter, a political subdivision other than a municipality, such as a county or a regional sewer district, or a quasi-public entity, such as a private entity that provides sewage collection services to the public within the area over which it exercises territorial authority, may be a CONTRIBUTING MUNICIPALITY.
   CONTROL AUTHORITY as it pertains to industrial pretreatment. The City of Fort Wayne, Indiana.
   DAILY MAXIMUM. The arithmetic average of all effluent samples for a pollutant collected during a representative 24-hour period.
   DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a representative 24-hour period. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the representative 24-hour period. 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 during the representative 24-hour period.
   DWELLING. A building, or portion thereof, under one roof, used primarily as the abode of one or more persons, but not including hotels, motels, lodging or boarding houses or tourist homes.
   EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer or outlet.
   EMERGENCY. An unforeseen circumstance or combination of circumstances that may cause an imminent endangerment to the health and/or welfare of persons, the environment, or which may interfere with the operation of the sewer collection system or the Water Pollution Control Plant.
   EPA. The United States Environmental Protection Agency.
   EQUIVALENT RESIDENTIAL UNIT (ERU). A unit of measurement representing the daily sewage flow rate of' a single-family dwelling as established in Indiana Administrative Code 327 IAC 3-6-11 . Flow rates for customers or uses other than single-family dwellings shall be determined in terms of ERUs by using standards adopted by the Board of Public Works.
   EXISTING SOURCE. In relation to the potential applicability of a Categorical Standard: any source that is not a new source or a new discharger.
   FOLLOW-UP SAMPLE. A sample taken of a user's effluent at the City's discretion from a user receiving scheduled sampling, at times other than those regularly scheduled. A follow-up sample shall be done at no cost to the user.
   FOOD SERVICE ESTABLISHMENT. Any establishment, including, but not limited to, a restaurant, coffee shop, cafeteria, short-order café, luncheonette, bar, tavern, sandwich stand, soda fountain, commissary, drive-in restaurant, drink establishment, snack bar, food counter, dining room, food catering facility, industrial cafeteria, convenience store, grocery store, private, public or non-profit organization or institution routinely serving food, and any other establishment, where food or drink produces are prepared, served or provided for human consumption with or without charge. The term does not include private homes where food is prepared or served for individual family consumption, vending only facilities that provide only pre-packaged foods, or any temporary establishment, whether fixed or mobile, operating at one site for locations for a period of time not in excess of 14 days.
   GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food or from the handling, storage or sale of produce.
   GRAB SAMPLE. An individual discrete effluent sample collected over a period of time not to exceed 15 minutes without regard to the flow rate of the wastestream.
   GROUND GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in public sewers, with no particle being greater than one-half inch in any dimension.
   INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW (including the collection system leading to the Water Pollution Control Plant) from any nondomestic source regulated under § 307(b), (c) or (d) of the Act. (33 U.S.C. 1317(b), (c), or (d)).
   INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escape, or transported from an industrial, manufacturing, commercial or business operation or process or from the development, recovery or processing of any natural resource carried on by any person.
   INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
   INSTANTANEOUS LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
   INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods; and
      (2)   Causes;
         (a)   A violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation; or
         (b)   The prevention of the use of the POTW's sewage sludge or its sludge disposal method in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent state or local regulations:
            1.   Section 405 of the Clean Water Act (33 U.S.C. 1345).
            2.   The Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), including:
               a.    Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
               b.   The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. 6941);
            3.   The Clean Air Act (42 U.S.C. 7401).
            4.   The Toxic Substances Control Act (15 U.S.C. 2601); and
            5.   The Marine Protection, Research and Sanctuaries Act.
   LOCAL LIMIT. Specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5.
   MEDICAL WASTE. Isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as prescribed by regulation.
   METER ON WELL INSTALLATION. A City Utilities-owned water meter installed on a privately owned residential water well to obtain a measure of water use for the purpose of calculating a monthly sewer usage charge for the property.
   MONTHLY AVERAGE. The total mass or flow-weighted concentration of all daily discharges during a calendar month on which daily discharges are sampled or measured, divided by the number of daily discharges sampled and/or measured during such calendar month.
      (1)   For fecal coliform, the monthly average, as a concentration, shall be calculated using a geometric mean.
      (2)   For E.coli, the monthly average, as a concentration, shall be calculated using a geometric mean.
   MONTHLY AVERAGE LIMIT. The highest allowable monthly average discharge for any calendar month.
   NEW SOURCE.
      (1)   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 that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building, structure, facility, or installation is constructed at a site at which no other source is located; or
         (b)   The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
         (c)   The production or wastewater generating 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.
      (2)   Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of divisions (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous onsite construction program:
            1.   Any placement, assembly, or installation of facilities or equipment;
            2.    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
         (b)   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.
   NONCONTACT COOLING WATER. Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   NORMAL DOMESTIC SEWAGE. Sewage having an average daily suspended solids concentration of not more than 300 milligrams per liter, an average daily BOD concentration of not more than 300 milligrams per liter, an average daily COD concentration of not more than 600 milligrams per liter, an average daily phosphorus concentration of not more than ten milligrams per liter, and an average daily ammonia concentration of not more than 25 milligrams.
   NPDES PERMIT. The National Pollutant Discharge Elimination System Permit issued to the City of Fort Wayne by the Indiana Department of Environmental Management for discharges of waste waters to navigable waters of the United States pursuant to § 402 of the Act.
   OPERATION AND MAINTENANCE COSTS. All costs direct and 6indirect, other than debt services, including replacement costs as defined herein, necessary to insure adequate wastewater treatment on a continuing basis conforming with federal, state or local requirements and to insure long-term facilities management.
   OUTLET. Any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body of surface or ground water.
   PASS THROUGH. A discharge which exits the Water Pollution Control Plant 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 City's NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON. Any individual, owner, discharger, lessee, occupant, firm, partnership, company, municipal or private corporation, commercial establishment, association, society, institution, enterprise, governmental agency or other legal unit or entity or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
   pH. An expression of the intensity of the basic or acidic conditions of a liquid.
   POLLUTANTS. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
      (1)   COMPATIBLE POLLUTANTS. Waste containing biochemical oxygen demand, chemical oxygen demand, suspended solids, phosphorus, pH and fecal coliform bacteria and ammonia (NH).
      (2)   INCOMPATIBLE POLLUTANTS. Wastes with any pollutant that is not a compatible pollutant which is regulated by the NPDES permit or that would cause damage to the sewage system and/or treatment plant.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by any other means, except by diluting the concentration of pollutants unless specifically allowed by an applicable pretreatment standard.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   PRETREATMENT STANDARDS or STANDARDS. Includes prohibited discharge standards, categorical pretreatment standards, and state and local pretreatment standards or limits.
   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appearing in § 51.033 of this chapter.
   PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by § 212 of the Act (33 U.S.C. 1292), which is owned by a state or municipality (as defined by § 502(4) of the Act (33 U.S.C. 1362(4))). In particular, this term includes the Water Pollution Control Plant owned by the City, which is a municipality. This definition includes any devices and systems used in the collection, storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, which collectively are referred to as a POTW Treatment Plant. It also includes sewers, pipes and other conveyances if they convey wastewater to a POTW Treatment Plant, such as the Water Pollution Control Plant. The term also means the municipality which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works.
   RANDOM SAMPLE. A sample taken at no charge to the user, at the City's discretion of effluent produced by any user.
   RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.
   REGIONAL ADMINISTRATOR. The appropriate Regional Administrator of the EPA (Region V Regional Administrator).
   REPLACEMENT COSTS. That cost, stated in current monetary values, as an operating cost which represents and measures the expenditures required to replace equipment, accessories or appurtenances of the property in order to maintain capacity and performance during the useful life of the property of the Water Pollution Control Utility.
   REPLACEMENT FUND. A fund maintained to provide resources to pay for replacement expenditures annually as required to maintain the capacity and performance of the property of the sewage works.
   SANITARY SEWAGE. Sewage discharged from the sanitary conveniences of dwellings, apartment houses, condominiums, motels, hotels, lodging or boarding houses, office buildings, factories or institutions, and free from storm water, surface water, groundwater and industrial wastes.
   SCHEDULED SAMPLE. Routine sampling of a user's effluent, usually twice a year for a commercial user and quarterly for industrial users.
   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   SERVICE CHARGE. A charge levied on a user of the treatment works which includes the user charge, a charge for local capital costs, and may include other charges for current services.
   SEWAGE. The water-carried wastes from residences, business buildings, institutions and industrial establishments (including but not limited to industrial wastes), singularly or in any combination, together with such ground, surface and storm waters as may be present.
   SEWAGE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT (WPC PLANT). The arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.
   SEWAGE WORKS or WATER POLLUTION CONTROL UTILITY. All facilities and systems for collecting, transporting, pumping, treating, disposing of sewage and sludge, including the sewage treatment plant and the sanitary, storm and combination sewer collection systems whether or not in active use.
   SEWER. A pipe or conduit for carrying sewage and other waste liquids as differentiated below:
      (1)   COMBINED OR COMBINATION SEWER. A sewer which carries storm, surface and groundwater runoff as well as sewage.
      (2)   PUBLIC SEWER. A sewer which all owners of abutting property have equal rights of use, subject to the provisions of this Chapter 51 , and is controlled and maintained by the City or other public authority.
      (3)   SANITARY SEWER. A sewer which carries domestic and unpolluted industrial sanitary sewage and to which stormwater, surface water, groundwater and unpolluted industrial wastewaters are not intentionally admitted.
      (4)   STORM SEWER. A sewer designed or intended to convey only stormwater, surface runoff, street wash waters, and drainage, and not intended for sanitary sewage or industrial wastes other than unpolluted cooling water. The portion of a sewer intended to carry stormwater only, which begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a channel, natural watercourse or combined sewer. Also called a storm drain.
   SEWER ENGINEER. The Facility Engineer of the City or his/her designee.
   SEWERAGE SYSTEM. The network of sewers and appurtenances used for collecting, transporting and pumping sewage to the Sewage Treatment Plant.
   SHALL. Mandatory; MAY permissible.
   SIGNIFICANT NONCOMPLIANCE. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (3), (4) or (8) of this section) and shall mean one or more of the following:
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-(6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits;
      (2)   Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric pretreatment standard or requirement including Instantaneous Limits, multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, Interference 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 that has resulted in the Superintendent's exercise of his/her emergency authority to halt or prevent such a discharge;
      (5)   Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local
Pretreatment Program.
   SLUGLOAD or SLUG DISCHARGE as it pertains to industrial pretreatment. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in this chapter. A SLUG DISCHARGE is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, 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 (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual used by the U.S. Office of Management & Budget.
   STANDARD METHODS. The examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater," published jointly by the American Water Works Association (AWWA) and the Water Environment Federation (WEF), a copy of which is on file in the Office of the Superintendent.
   STORMWATER. Water resulting from rain, melting or melted snow, hail, or sleet.
   STRENGTH-OF-WASTE SURCHARGE. The additional charges for sewage service collected from users discharging sewage into the system having a strength measurement in excess of the limits imposed by the provisions of this chapter.
   SUPERINTENDENT. The Superintendent of the Water Pollution Control Plant of the City, or his/her designee.
   SUSPENDED SOLIDS. 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. Their concentration is expressed in milligrams per liter. Quantitative determinations are made in accordance with procedures set forth in 40 CFR 136.
   TAP INSPECTION. Onsite inspection performed or authorized by City Utilities of a newly installed, replaced, repaired or altered building (or house) sewer lateral and its connection to the City's public sanitary sewer system. A tap inspection fee shall be charged to the property owner for the cost of the inspection.
   TOXIC POLLUTANT. One of 126 pollutants, or combinations of those pollutants, listed as toxic in regulations promulgated by the EPA under the provisions of § 307 (33 U.S.C. 1317) of the Act.
   USER. Any person who contributes, causes, or permits a discharge of sewage into the City's sewerage system.
   USER CHARGE. A charge imposed on users of a treatment works to defray the cost of operation, maintenance and replacement.
   USER REQUESTED SAMPLE Any effluent sampled taken by the City at the request of the user, the cost for which shall be billed to the user.
   WASTE SURVEILLANCE CHARGE. A monthly charge collected from users, qualifying as industrial or commercial class users, to defray the cost of evaluating that user's waste by metering, sampling, laboratory analysis and/or other methods deemed necessary. Said charges are set forth in § 51.065 et seq.
   WASTEWATER. Liquid or water-carried wastes from industrial, municipal, agricultural, or other sources.
   WATER POLLUTION CONTROL PLANT (WPC PLANT). See SEWAGE TREATMENT PLANT.
   WATER POLLUTION CONTROL UTILITY. See SEWAGE WORKS.
   WATERCOURSE. A channel in which the flow of water occurs either continuously or intermittently.
(Ord. G-5-18, passed 3-13-18; Am. Ord. G-6-20, passed 2-25-20)