For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicate or require a different meaning.
ACT. The Federal Water Pollution Control Act (Pub. L. 92-500), also known as the Clean Water Act of 1977, as amended, 33 U.S.C. §§ 1251 et seq. (Pub. L. 95-217); as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.
BIOCHEMICAL OXYGEN DEMAND or BOD. Of sewage, sewage effluent, polluted waters or industrial wastes, shall mean 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.
BUILDING (or HOUSE) DRAIN. The lowest horizontal piping of a building drainage system that 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 that conveys sanitary or industrial sewage only.
BUILDING DRAIN, STORM. A building drain that 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.
BUILDING SEWER, SANITARY. A building sewer that conveys sanitary or industrial sewage only.
BUILDING SEWER, STORM. A building sewer that conveys storm water or other clear water drainage, but no sanitary or industrial sewage.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard.
CHEMICAL OXYGEN DEMAND or COD. Of sewage, sewage effluent, polluted waters or industrial wastes, is 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.
C.F.R. Code of Federal Regulations.
COMPATIBLE POLLUTANTS. Biochemical oxygen demand, total suspended solids, pH, and fecal coliform bacteria, plus additional pollutants if the treatment works was 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. Based upon normal domestic waste, SUBSTANTIAL DEGREE generally contemplates removals in the order of 80% or greater. Minor incidental removals in the order of 10% to 30% are not considered substantial. Examples of the additional pollutants that may be compatible include:
(1) Chemical oxygen demand;
(2) Total organic carbon;
(3) Phosphorous and phosphorous compounds;
(4) Nitrogen and nitrogen compounds; and
(5) Fats, oils and greases of animal or vegetable origin; except as prohibited where these materials would interfere with the operation of the treatment works.
COUNCIL. The Town Council or any duly authorized officials acting on its behalf.
DOMESTIC SEWAGE. Wastewater from typical residential users and having pollutant characteristics of not greater than 250 mg/l BOD and 250 mg/l suspended solids.
EASEMENT. An acquired legal right to the specific use of land owned by others.
EFFLUENT. Water, together with any wastes that may be present, flowing out of a drain, sewer,
receptacle or outlet.
ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of that agency.
EXCESSIVE STRENGTH SURCHARGE. An additional charge billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
FECAL COLIFORM. Any of several organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food, and from the handling, storage or sale of produce.
GREASE AND OIL. A group of substances, including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material, that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with Standard Methods.
GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances of biodegradable nature such as are discharged by meat packing, vegetable oil and fat industries, food processors, canneries and restaurants.
GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes, and storage depots wastes.
GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all panicles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
HOLDING TANK WASTE. Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks, and the like.
I.A.C. Indiana Administrative Code.
INCOMPATIBLE POLLUTANT. Any pollutant that is not defined as a compatible pollutant, including non-biodegradable dissolved solids, and further defined in the general pretreatment regulations, 40 C.F.R. pt. 403.
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM). The control authority for non-delegated, industrial discharge pretreatment requirements.
INDUSTRIAL WASTEWATER PRETREATMENT (IWP) PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by IDEM.
INDUSTRIAL WASTES. Any solid, liquid or gaseous substance 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 user.
INFILTRATION. The water entering a sewer system, including sewer service connections, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
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 service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cistern overflows, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wastewaters or drainage. INFLOW does not include and is distinguished from infiltration.
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
INSPECTOR. The person or persons duly authorized by the town 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 sewage works, 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 town’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 federal, state, or local laws, rules or regulations:
(a) Section 405 of the Clean Water Act (33 U.S.C. § 1345), as it may be amended;
(b) The Solid Waste Disposal Act (SWDA) (42 U.S.C. § 6901), as it may be amended, including: Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), as it may be amended; and the rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. § 6941), as it may be amended;
(c) The Clean Air Act (42 U.S.C. § 7401), as it may be amended;
(d) The Toxic Substances Control Act (15 U.S.C. § 2601), as it may be amended.
LOCAL LIMIT. Specific discharge limits developed and enforced by the town upon industrial or commerce facilities to implement the general and specific discharge prohibitions listed in 40 C.F.R. pt. 403.5(a)(1) and (b).
MAY. Indicates a discretionary condition.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body or surface or ground water.
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) categorical pretreatment standard that will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after the proposed regulation, a NEW SOURCE means any source, the construction of which is commenced after the date or promulgation of the standard.
NORMAL DOMESTIC SEWAGE. For the purpose of determining surcharges, the term shall mean wastewater or sewage having an average daily concentration as follows: BOD not more than 240 mg/l; TSS not more than 240 mg/l; and ammonia not more than 10 mg/l. As defined by origin, wastewaters from segregated domestic and/or sanitary conveyances are distinct from wastes from industrial processes.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES) PERMIT. A permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of Pub. L. 95-217.
NUISANCE. Anything injurious to health or offensive to the senses, or an obstruction to the free use of property to interfere with the comfort or enjoyment of life or property.
OPERATION AND MAINTENANCE COSTS. Include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis, and to produce discharges to receiving waters that conform with all related federal, state and local requirements. (These costs include replacement.)
PASS THROUGH. The discharge of pollutants by an industrial user through the POTW into navigable waters in quantities or concentrations that are a cause of or significantly contribute to a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) and as defined in 40 C.F.R. pt. 403.3(n).
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Indiana, the United States of America, or other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural, where indicated by the context.
pH. The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION. An alteration of the quality of the waters of the state by waste to a degree that unreasonably affects such waters for beneficial uses or facilities that serve such beneficial uses. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
PREMISES. A parcel of real estate, including any single improvement thereon, determined by the town to be a single user for purposes of receiving, using and paying for service. Any additional improvement on the same parcel of real estate determined by the town to be a user shall be separately connected to the sewer for the purpose of receiving, using and paying for service.
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. pt. 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 Section 307 of Pub. L. 95-217, under regulation 40 C.F.R. pt. 403 pursuant to the Act and amendments.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARD. Any state pretreatment standards as established in 327 I.A.C.. 5-18-8; pretreatment standards for prohibited discharges, as established in 327 I.A.C. 5-18-2; National Categorical Pretreatment Standards incorporated by reference in 327 I.A.C. 5-18-10.
PRIVATE SEWER. A pipe or conduit that is not owned by public authority.
PROPER OPERATION AND MAINTENANCE. Procedures executed in a prudent, cost-effective, and workmanlike manner that achieve the highest and/or required effluent quality of industrial discharge attainable in conformance with the best available technology and practices. PROPER OPERATION AND MAINTENANCE REQUIREMENTS include avoidance of operational error, adherence to manual instructions, preventive maintenance, avoidance of careless or improper operation, neat accurate sampling, the handling of chemicals, lubricants, solvents and the like in a safe and organized manner, avoidance of accidental spillage, keeping operating logs, and any other activities that produce the desired effluent quality.
PUBLIC SEWER. A pipe or conduit owned and controlled by the town, consisting of the following increments:
(1) COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewaters from individual point source discharges;
(2) FORCE MAIN. A pipe in which wastewater is carried under pressure;
(3) INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility;
(4) PUMPING STATION. A station positioned in the public sewer system at which wastewater is pumped to a higher level.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works owned in this instance by the town, 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 the storage, treatment recycling and reclamation of municipal sewage or compatible industrial wastes.
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or
appurtenances necessary during the useful life of the sewage works equipment to maintain the capacity and performance for which such works were designed and constructed.
SANITARY SEWER. A pipe or conduit laid for carrying wastewater and to which storm, surface and
ground waters and unpolluted industrial wastewater are not intentionally admitted.
SEWAGE WORKS. All facilities for collecting, transporting, pumping, treating and disposing of sewage and sludge.
SEWERAGE SYSTEM. The sewerage system shall be classified as sanitary sewers and storm sewers.
SHALL. Indicates a mandatory condition.
SIGNIFICANT INDUSTRIAL USER (SIU).
(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 or more gallons per day (gpd) of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
(b) Contributes a process waste stream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or
(c) Is designated as such by the Public Works Department on the basis that the industrial user has a reasonable potential to adversely affect the POTW’s operation, violate a pretreatment standard, or violate a requirement of 327 I.A.C. 5-19-3;
(3) The approval 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 is not a significant industrial user if it does not meet division (2)(c) of this definition.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects, as defined in standards issued under Sections 402 and 405 of the Federal Act, and in the applicable requirements under §§ 3001,3004 and 4004 of the Solid Waste Disposal Act, Pub. L. 94-580, being 42 U.S.C. §§ 6901 et seq.
SLUG. Any discharge of water or wastewater that 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 that adversely affects the sewage works.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended and supplemented.
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 pipe or conduit laid for receiving storm and surface water, street wash, or drainage, but excludes domestic sewage or industrial waste.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SURCHARGE. A charge for services in addition to the basic service charge.
TOTAL SUSPENDED SOLIDS (TSS). Solids that either float on the surface of or are in suspension in water, sewage, or other liquid, and that are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative termination shall be made in accordance with procedures set forth in Standard Methods.
TOWN. The town acting by and through the Council.
TOXIC POLLUTANT. Those substances referred to in Section 307 (a) of the Act as well as any other known potential substances capable of producing toxic effects.
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 sanitary sewers and wastewater treatment facilities provided.
UPSET. An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventative maintenance, or careless or improper operation thereof.
USER. Any person that discharges, causes, or permits the discharge of wastewater into the sewerage system.
USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to Section 204(b) of Pub. L. 92-500, being 33 U.S.C. § 1284.
USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (such as, residential, commercial, industrial, institutional and governmental).
(1) COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service that, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(2) GOVERNMENTAL USER. Any federal, state or local governmental user of the wastewater treatment works.
(3) INDUSTRIAL USER. Any manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.
(4) INSTITUTIONAL USER. Any establishment involved in a social, charitable, relics and/or educational function which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(5) RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.
UTILITY SUPERINTENDENT. The administrative head of the POTW and sewage works.
WASTE. Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing or industrial operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.
WASTEWATER. The water-carried waste from residences, business buildings, situations, and industrial establishments, singular or in any combination, together with such ground, surface and storm waters as may be present.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological, and radiological parameters, including volume, flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE. Any water, surface or underground, within the boundaries of the State of Indiana, except confined waters in sewers, tanks and the like.
(Ord. 5, passed 11-2-1950; Am. Ord. 2019-10, passed 12-2-2019)