§ 56.01  DEFINITIONS.
   Unless the context specifically indicates otherwise, the meaning of the terms and phrases used in this Chapter shall be as follows:
   ACT. The Federal Water Pollution Control Act, Public Law No. 92-500, also known as the Clean Water Act (CWA), as amended, 33 U.S.C. 1251 et seq.
   ADMINISTRATOR. The EPA Region VI Regional Administrator.
   ALIQUOTS. Consisting of equal quantities.
   APPROVAL AUTHORITY. The Director in a National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state pretreatment program, i.e., the Executive Director of the Texas Commission on Environmental Quality (TCEQ) or its successor agencies.
   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 operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million dollars (in second quarter 1980 dollars), if 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 divisions (1) through (3), above, may designate another 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.
   BI-MONTHLY. Once every other month.
   BI-WEEKLY. Once every other week.
   BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at 20°C, expressed as a concentration in mg/L. The laboratory determination shall be made in accordance with the procedures set forth in 40 C.F.R. Part 136.
   BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys to the building sewer, which begins three feet outside the inner face of the building wall.
   BUILDING SEWER. The extension from the building drain to the sewer lateral at the property line or other lawful place of disposal (also called house lateral or house connection).
   BYPASS. The intentional diversion of waste streams from any portion of an industrial user's treatment facility.
   CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of industrial users and which appear in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.
   CHAPTER.Chapter 56, Industrial Waste of the Code of Ordinances, City of Heath.
   CITY. The City of Heath, Texas, the City Council of Heath, the City Manager of Heath, and/or any other person authorized by the City Council to represent the city.
   COD (CHEMICAL OXYGEN DEMAND). The measure of oxygen consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as a concentration in mg/L as the amount of oxygen consumed from a chemical oxidant in a specific test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with BOD.
   COMPOSITE SAMPLE. A sample composed of two or more discrete samples. The aggregate sample will reflect the average water quality covering the compositing or sample period.
   CONTROL AUTHORITY. For purposes of this chapter, the North Texas Municipal Water District (NTMWD) and the City of Heath pursuant to a pretreatment program that has been approved by the approval authority.
   CONTROL MANHOLE. A manhole giving access to a building sewer point before the building sewer discharges into the public sewer.
   DAILY DISCHARGE. The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents a calendar day for purposes of sampling.
   DAILY MAXIMUM. The highest allowable “daily discharge” during a calendar month.
   DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or semi-solid waste (i.e., grease trap waste, grit trap wastes, and/or septage) into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including, but not limited to, ground waters.
   DOMESTIC SEWAGE. The water-borne wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free of storm water and industrial wastes.
   ENVIRONMENTAL OFFICER. The City Manager of the city or his/her duly authorized representative, which may be any entity with which the city has contracted for operation of the POTW or a treatment plant and/or with which the city has entered into a multijurisdictional, or interjurisdictional, agreement providing for wastewater service and/or a pretreatment program, or a particular officer or employee thereof.
   EPA (ENVIRONMENTAL PROTECTION AGENCY). 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 officials of EPA.
   EXISTING SOURCE. Any source or discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act (33 U.S.C. § 1317).
   FACILITY or ACTIVITY. An NPDES "point source" or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program.
   FLOW-PROPORTIONED COMPOSITE SAMPLE. A sample collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
   GARBAGE. Animal and vegetable wastes and residue from preparation, cooking, and dispensing of food; and from handling, processing, storage, and sale of food products and produce.
   GRAB SAMPLE. An individual sample which is taken from a waste stream without regard to the flow in the waste stream and collected over a period of time not exceeding fifteen minutes.
   GREASE TRAP. A water-tight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi-liquid, and/or solid wastes into the sanitary sewer system to which the receptacle is directly or indirectly connected.
   GREASE TRAP WASTE. Any greasy, fatty liquid, semi-liquid, and/or solid wastes removed by a grease trap.
   GRIT/SAND TRAP. A water-tight receptacle designed and constructed to intercept and prevent the passage of sand, grit and other heavy solids into the sanitary sewer system to which the receptacle is directly or indirectly connected.
   GRIT TRAP WASTE. Any sand, grit and/or other heavy solids removed from a grit trap.
   HAZARDOUS WASTE. Any substance which, if disposed of otherwise than by discharge into the POTW, would be identified as a hazardous waste under 40 C.F.R. Part 261.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
   INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the Act (33 U.S.C. § 1317).
   INDUSTRIAL USER (or USER). Any source of indirect discharge.
   INDUSTRIAL USER WASTEWATER DISCHARGE PERMIT (or PERMIT). A permit required of an industrial user to discharge waste into any sewer system under the jurisdiction of the city.
   INDUSTRIAL USER WASTEWATER SURCHARGE. The additional charge made on those persons or industries who discharge industrial wastes into the sewer system which are amenable to treatment by the POTW treatment processes, but which exceed either the BOD or TSS concentrations of "Normal Domestic Sewage."
   INDUSTRIAL WASTE. The water-borne solids, liquids, or gaseous wastes resulting from and discharged, permitted to flow or escaping from any industrial, manufacturing or food processing operation or process, or from the development of any natural resources, or any mixture of these with water or domestic sewage as distinct from “Normal Domestic Sewage.”
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE 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 which, either alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
      (2)   Is the cause of a violation of any requirement of the applicable TPDES permit issued for operation of the POTW (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act (33 U.S.C. § 1345); the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State requirements contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
   LIQUID WASTE. Water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tanks and described as grease trap waste, grit trap waste or septage.
   MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
   MILLIGRAMS PER LITER (mg/L). A weight to volume ratio; the milligrams per liter value multiplied by the factor 8.34 is equivalent to pounds per million gallons of water.
   MONTHLY AVERAGE. The highest allowable average of “daily discharge(s)” over a calendar month, calculated as the sum of all "daily discharge(s)" measured during a calendar month divided by the number of "daily discharge(s)" measured during that month.
   NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD, OR STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 403.5.
   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 (33 U.S.C. § 1317), which 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;
         (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, will 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 (b) or (c), above, but otherwise alters, replaces, or adds to the existing process or production equipment.
      (3)   Construction of a new source as defined has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous on-site construction program:
            1.   Any placement, assembly, or installation of facilities or equipment; or
            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; and
         (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 definition.
   NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   NORMAL DOMESTIC SEWAGE. The “normal” sewage for the city, for which the average concentration of TSS is not more than 250 mg/L and BOD is no more than 250 mg/L. Industrial wastes and storm water are excluded from this term.
   OVERLOAD. The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered or design capacity.
   OWNER. Any person who owns a facility or any portion of a facility.
   PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the applicable TPDES permit issued for the operation of the POTW (including an increase in the magnitude or duration of a violation).
   PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
   pH. A measure of the acidity or alkalinity of a solution, expressed in standard units. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
   POTW (PUBLICLY OWNED TREATMENT WORKS). A treatment works as defined by Section 212 of the Clean Water Act (33 U.S.C. § 1292), which is owned by a state or municipality (i.e., the city or other governmental entity such as NTMWD. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes lift stations, sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works (i.e., the city or other governmental entity such as NTMWD). For the purpose of this chapter, the term shall also include sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with NTMWD, users of NTMWD's POTW.
   POTW TREATMENT PLANT. That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
   PPM (PARTS PER MILLION). A weight to weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and cellar dirt; industrial, municipal, and agricultural waste; and the characteristics of wastewater (such as pH, temperature, suspended solids, turbidity, color, BOD, COD, toxicity, and odor).
   PRETREATMENT (or TREATMENT). 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 or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, or process changes, or by other means, except by diluting the concentration of pollutants (as prohibited by 40 C.F.R. § 403.6(d)), unless allowed by an applicable pretreatment standard. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 C.F.R. § 403.6(e).
   PRETREATMENT PROGRAM. A program administered by a POTW that meets the criteria established in 40 C.F.R. §§ 403.8 and 403.9, and which has been approved by the Approval Authority (TCEQ) in accordance with 40 C.F.R. § 403.11
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.
   PRIORITY POLLUTANT. A pollutant found in Table II or Table III of 40 C.F.R. Part 122, Appendix D.
   PROHIBITED DISCHARGE STANDARDS (or PROHIBITED DISCHARGES). Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 56.05 of this chapter.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 0.5 inch in any dimension.
   RESPONSIBLE CORPORATE OFFICER.
      (1)   A president, secretary, treasurer, or 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
      (2)   The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter $1,980), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
   SANITARY SEWER. A public sewer that conveys domestic sewage or industrial wastes or a combination of both, and into which storm, surface, groundwaters and other unpolluted waters are not intentionally passed.
   SEPTAGE or SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, portable toilets, chemical toilets, campers, trailers, or septic tanks.
   SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
   SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.).
   SEWAGE SERVICE CHARGE. The charge made on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal domestic sewage.
   SEWER. A pipe or conduit for carrying sanitary sewage.
   SHALL and MAY. The term SHALL describes mandatory actions, and the term MAY describes permissive (i.e., discretionary) actions.
   SIC (STANDARD INDUSTRIAL CLASSIFICATION). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or the latest edition.
   SIGNIFICANT INDUSTRIAL USER (SIU).
      (1)   Except as provided in division (2) the term shall mean:
         (a)   An industrial user subject to categorical pretreatment standards; or
         (b)   Any other industrial user that:
            1.   Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
            2.   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
            3.   Is designated as such by the environmental officer on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirements (in accordance with 40 C.F.R. § 403.8(f)(6)).
      (2)   Upon finding that an industrial user meeting the criteria in part (1)(b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirements, the environmental officer may at any time, on his/her own initiative or in response to a petition received from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a significant industrial user.
   SLUG DISCHARGE or SLUG LOAD. Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, and/or a discharge which violates any prohibited discharge standard in § 56.05 of this chapter, and/or could significantly disrupt the POTW and/or threaten human health and safety, and/or could potentially result in violations of the applicable TPDES permit issued for the operation of the POTW or sludge requirements.
   SPILL. The accidental or intentional loss or unauthorized discharge of any waste or raw material.
   STORM SEWER (or STORM DRAIN). A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.
   STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   SURCHARGE. The charge in addition to the sewage service charge which is made on those persons whose wastes are greater in strength than the concentration values established as representative of “normal domestic sewage.”
   SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension of water, sewage, or other liquids, and which are removable by laboratory filtration device. Quantitative determination of "total suspended solids" or "TSS" shall be made in accordance with procedures set forth in 40 C.F.R. Part 136.
   TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ). The Texas Commission on Environmental Quality, or an agent thereof, or where appropriate, the Executive Director of TCEQ, or other duly authorized official of said agency, or its successor agencies.
   TIME COMPOSITE SAMPLE. A sample composed of discrete sample aliquots collected in a single reservoir at constant time intervals irrespective of flow.
   TOXIC POLLUTANT (or TOXIC SUBSTANCE). Any substance whether gaseous, liquid or solid which, when discharged to the POTW in sufficient concentrations, as determined by the environmental officer, may be hazardous to sewer maintenance and personnel, tend to interfere with any wastewater treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life, or to create a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant; or any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of the Clean Water Act Section 307(a) (33 U.S.C. § 1317) or other acts.
   TRAP. A device designed to skim, settle, or otherwise remove oil, grease, sand, flammable wastes or other harmful substances.
   TREATMENT PLANT (or WASTEWATER TREATMENT PLANT or WWTP). That portion, or those portions, of the POTW which is designed to provide treatment of domestic sewage and industrial waste.
   WASTE. Rejected, unutilized, or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural, or industrial activities.
   WASTEWATER. The liquid and water-carried industrial or domestic wastes from residential dwellings, commercial buildings, industrial and/or manufacturing facilities, and institutions, whether treated or untreated, which are contributed into or permitted to enter the POTW.
   WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 160726-A, passed 7-26-2016)