§ 53.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any terms not defined herein, but defined in the Sewer Rate Ordinance (Ord. 2020-09-08(a)) shall have the same meaning herein.
   ADMINISTRATIVE FINES. A monetary charge assessed for an industrial user (IU) who is found to have violated any provision of this chapter or permits and orders.
   ADMINISTRATIVE ORDER (AO). Notification to the industrial user of specific requirements that need to be met by a specific deadline.
   AMMONIA (NH-N). The same as ammonia nitrogen measured as nitrogen. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods, as defined herein.
   BIOCHEMICAL OXYGEN DEMAND (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 five days at 20°C. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
   BOARD. The Town Council or any duly authorized officials or boards acting in its behalf.
   BUILDING (OR HOUSE) DRAIN. The lowest horizontal piping of building drainage system which receives the discharge from waste, and other drainage pipes inside the walls of the building and conveys it to a point approximately five feet outside the foundation wall of the building.
   BUILDING DRAIN - SANITARY. A building drain which conveys sanitary or industrial sewage only.
   BUILDING DRAIN - STORM. A building drain which conveys storm water or other clean water drainage, but no wastewater.
   BUILDING (OR HOUSE) LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal. (Also called HOUSE CONNECTIONS.)
   BUILDING SEWER - SANITARY. A building sewer which conveys sanitary or industrial sewage only.
   BUILDING SEWER - STORM. A building sewer which conveys storm water or other clean water drainage, but no wastewater.
   CEASE AND DESIST ORDERS. An order issued to an IU that has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, order or any other pretreatment standard or requirement.
   CHEMICAL OXYGEN DEMAND (COD) OF SEWAGE, SEWAGE EFFLUENT, POLLUTED WATERS OR INDUSTRIAL WASTES. A measure of the oxygen equivalent of that portion of 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 intended to receive both wastewater and storm or surface water.
   COMPATIBLE POLLUTANT.
      (1)   Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the treatment works as designed to treat such pollutants and in fact does remove such pollutants to a substantial degree. The term substantial degree is not subject to precise definition, but generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial.
      (2)   Examples of the additional pollutants which may be considered compatible include:
         (a)   Chemical oxygen demand;
         (b)   Total organic carbon;
         (c)   Phosphorus and phosphorus compounds;
         (d)   Nitrogen and nitrogen compounds; or
         (e)   Fats, oils and greases of animal or vegetable origin, (except as prohibited where these materials would interfere with the operation of the treatment works).
   COMPLIANCE ORDERS. A formal time and management schedule contained in an enforcement order, established for the non-compliant IU to achieve compliance.
   CONTROL AUTHORITY (CA). The Commissioner of the state’s Department of Environmental Management.
   CONSENT ORDERS. An agreement with an IU responsible for non-compliance.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   EPA. Environmental Protection Agency.
   ENFORCEMENT RESPONSE GUIDE (ERG). Designates enforcement options for each type or pattern of non-compliance.
   ENFORCEMENT RESPONSE PLAN (ERP).
   FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
   FLOATABLE OIL. Oil, fat or grease in a physical state such that will separate by gravity from wastewater by treatment in a pretreatment facility approved by the town.
   GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
   INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids, and further defined in 40 C.F.R. part 403.
   IDEM. Indiana Department of Environmental Management.
   INDIRECT DISCHARGER. A non-domestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
   INDUSTRIAL PRETREATMENT COORDINATOR (IPC). Person responsible for the day-to-day implementation of the industrial pretreatment program.
   INDUSTRIAL USER. An indirect discharger.
   INDUSTRIAL WASTES. Any solid, liquid or gaseous substances or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person and shall further mean any waste from an industrial sewer.
   INFILTRATION. The water entering a sewer system, including building drains and sewers, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. (INFILTRATION does not include and is distinguished from inflow.)
   INFILTRATION/INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source.
   INFLOW. The water discharged into a sewer system, including building drains and sewers, from such sources as, but not limited to, roof leader, cellar, yard and area drains, foundation drains, unpolluted cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, storm waters, surface runoff, street wash waters or drainage. (INFLOW does not include, and is distinguishable from infiltration.)
   INFORMAL NOTICE. A documented phone call, written warning or a meeting notifying the IU of minor incidences that have occurred and that need to be corrected.
   INSPECTOR. The person or persons duly authorized by the town through its Council to inspect and approve the installation of building sewers and their connection to the public sewer system.
   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; or
      (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); and
         (d)   The Toxic Substances Control Act (15 U.S.C. § 2601).
   NOV (NOTICE OF VIOLATION). The initial formal enforcement action for a violation.
   NPDES PERMIT. National pollutant discharge elimination system permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to § 402 of Pub. Law No. 95-217, the Water Pollution Control Act (Amendments of 1977), also known as the Clean Water Act, being 33 U.S.C. § 1342.
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
   NORMAL DOMESTIC SEWAGE. The same meaning as defined in the Sewer Rate Ordinance.
   PASS-THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
   pH. The reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution.
   PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the state, the United States of America or other legal entity, or their legal representative, agents or assign. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
   PHOSPHORUS (P). The chemical element phosphorus, total. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods, as defined herein.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 C.F.R. § 403.6(d); and shall include all applicable rules and regulations contained in the Code of Federal Regulations as published in the Federal Register, under § 307 of Pub. Law No. 95-217, the Water Pollution Control Act (Amendments of 1977), also known as the Clean Water Act, being 33 U.S.C. § 1342, under regulation 40 C.F.R. part 403, captioned General Pretreatment Regulations for Existing and New Sources of Pollution, pursuant to the Act, and amendments.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
   PRETREATMENT STANDARDS.
      (1)   State pretreatment standards as established in 327 I.A.C. 5-18-8;
      (2)   Pretreatment standards for prohibited discharges, as established in 327 I.A.C. 5-18-2; and
      (3)   National categorical pretreatment standards incorporated by reference in 327 I.A.C. 5-18-10.
   PRIVATE SEWER. A sewer which is not owned by public authority.
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking and dispensing of food 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-half inch in any dimension.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works owned by the state or a municipality; except that, it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. POTW also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
   PUBLIC SEWER. A sewer which is owned and controlled by the public authority and will consist of the following increments.
      (1)   COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges.
      (2)   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
      (3)   FORCE MAIN. A pipe in which wastewater is carried under pressure.
   PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
   SANITARY SEWER. A sewer which carries sanitary and industrial wastes, and to which storm, surface and ground water are not intentionally admitted.
   SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water). The three most common types of SEWAGE are as follows.
      (1)   COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, storm water, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
      (2)   INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes, discharged from any industrial establishment, and resulting from any trade or process carried on in that establishment (this shall include the wastes from pretreatment facilities and polluted cooling water).
      (3)   SANITARY SEWAGE. The combination of liquid and water-carried wastes, discharged from toilet and other sanitary facilities.
   SEWAGE WORKS. The structures, equipment and processes to collect, transport and treat domestic and industrial wastes and dispose of the effluent and accumulated residual solids.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL. is mandatory; MAY is permissive.
   SHOW CAUSE HEARING. When the IU and the POTW meet to discuss the cause and effect of the violation.
   SIGNIFICANT INDUSTRIAL USER (SIU). The following:
      (1)   Industrial users subject to pretreatment standards under 327 I.A.C. 5-18-10;
      (2)   An industrial user that:
         (a)   Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater) to the POTW;
         (b)   Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as a SIGNIFICANT INDUSTRIAL USER by the control authority on the basis that the industrial user has a reasonable potential to:
            1.   Adversely affect the POTW’s operation;
            2.   Violate a pretreatment standard; or
            3.   Violate a requirement of 327 I.A.C. 5-19-3.
      (3)   The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 I.A.C. 5-19-3(6), determine that an industrial user is not a SIGNIFICANT INDUSTRIAL USER if it does not meet the requirements of division (2)(c) above.
   SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than five minutes, more than five times the average 24-hour concentration of flow during normal operation and which adversely affects the sewage works.
   STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association and The Water Pollution Control Federation.
   STORM SEWER. A sewer for conveying water, ground water or unpolluted water from any source and to which sanitary and/or industrial wastes are not intentionally admitted.
   SUPERINTENDENT. The Superintendent of the municipal sewage works of the town or his or her authorized deputy, agent or representative.
   SUSPENDED SOLIDS (SS). 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 shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
   TOTAL SOLIDS. The sum of suspended and dissolved solids.
   TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (Pub. Law No. 95-217), the Water Pollution Control Act (Amendments of 1977), also known as the Clean Water Act, being 33 U.S.C. §§ 1251 et seq.
   UNPOLLUTED WATER. Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
   VIOLATIONS. Any sampling, monitoring or reporting deficiencies whether unintentional or otherwise.
   VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated to 500°C for 15 to 20 minutes.
   WASTEWATER. Water in which sewage has been discharged.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. 2014-01-20, passed 1-20-2014)