§ 51.01 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory, while the word "may" is permissive.
      (1)    ACT. The Clean Water Act (44 U.S.C. 1251 et seq.), as amended.
      (2)    APPROVAL AUTHORITY. The Director in an NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved State Pretreatment Program.
      (3)    AUTHORIZED REPRESENTATIVE OF INDUSTRIAL DISCHARGER. An authorized representative of an Industrial Discharger may be:
         (a)   A principal executive officer of at least the level of Vice-president, if the Industrial Discharger is a corporation;
         (b)   A general partner or proprietor if the Industrial Discharger is a partnership or proprietorship, respectively;
         (c)   A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
      (4)    AVERAGE MONTHLY DISCHARGE LIMITATION. The highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
      (5)    AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of "daily discharges" over a calendar week, calculated as the sum of all daily discharges, measured during a calendar week divided by the number of daily discharges measured during that week.
      (6)    BENEFICIAL USES. These uses include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by State or Federal law.
      (7)    BOD (BIOCHEMICAL OXYGEN DEMAND.) See subsection (A)(34)(a) hereof.
      (8)    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 it to the building sewer which shall begin three feet outside the inner face of the building wall.
      (9)    BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
      (10)    CFR. Code of Federal Regulations.
      (11)    COD. CHEMICAL OXYGEN DEMAND. See subsection (A)(34)(b) hereof.
      (12)    COOLING WATER. The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other such system, but which shall be free from odor and oil. It shall contain no polluting substances which produce BOD or suspended solids each in excess of ten parts per million by weight.
      (13)    COMPOSITE SAMPLE. A composite sample should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
      (14)    DAILY DISCHARGE. Discharge of a pollutant "measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling."
      (15)    EASEMENT. An acquired legal right of the specific use of land owned by others.
      (16)    EPA or U.S. 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 such agency.
      (17)    GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
         (a)    GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all particles 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.
      (18)    GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
      (19)    INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from a source regulated under Section 307 (b) or (c) of the Act, into a treatment works.
      (20)    INDUSTRIAL DISCHARGER. Any nonresidential user who discharges an industrial waste into a treatment works by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
      (21)    INDUSTRIAL WASTE. Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
      (22)    INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the treatment works.
      (23)    INFLUENT. The water, together with any waste that may be present, flowing into a drain, sewer, receptacle or outlet.
      (24)    INTERFERENCE. The inhibition or disruption of a treatment work's sewer system, treatment processes or operations which may contribute to a violation of any requirement of its NPDES permit.
      (25)    MAJOR CONTRIBUTOR. A contributor that: (a) has a flow of more than 25,000 gallons per average workday; (b) has in its waste a toxic pollutant in toxic amounts as defined in Section 307 of the Federal Act; (c) has a flow greater than five percent (51,) of the flow carried by the municipal system receiving the waste; or (d) has in its waste toxic pollutants as defined pursuant to Section 307 of the Act or State Statutes and rules; or (e) is found by the city, State, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
      (26)    MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable "daily discharge."
      (27)    NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
      (28)    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 which 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 proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
      (29)    NPDES. National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or State.
      (30)    O AND M. Operation and Maintenance.
      (31)    PERSON. Any individual, firm, company, association, society, corporation or group.
      (32)    pH. See subsection (A)(34)(h) hereof.
      (33)    POLLUTANT. Any substance discharged into a treatment works or its collection system or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations, or physiological manifestations as defined in standards issued pursuant to Section 307 (a) of the Act.
      (34)    POLLUTANT PARAMETERS. Pollutant parameters shall include the following:
         (a)    BOD (Biochemical Oxygen Demand.) 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 twenty degrees Centigrade. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods."
         (b)    COD (Chemical Oxygen Demand.) 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)    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.
         (d)    FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
         (e)    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."
         (f)    GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances that are of a less readily biodegradable nature such as are discharged by meatpacking vegetable oil and fat industries, food processors, canneries and restaurants.
         (g)    GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily degradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station waste, petroleum refinery wastes, storage depot wastes.
         (h)    pH. The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per later of solution.
         (i)    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 shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in "Standard Methods."
         (j)    TOTAL SOLIDS. The sum of suspended and dissolved solids.
         (k)    VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550 degrees centigrade for 15 to 20 minutes.
         (l)   Any other pollutant parameter deemed appropriate.
      (35)    POLLUTION. Any alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
      (36)    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 sewer system.
      (37)    PRETREATMENT STANDARD or NATIONAL CATEGORICAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial dischargers.
         (a)    APPLICABLE PRETREAT-MENT STANDARD. Any pretreatment limit or prohibitive standard (Federal and/or local) contained in this chapter deemed to be the most restrictive.
         (b)    CATEGORICAL PRETREAT-MENT STANDARDS. National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a sewer system by specific industrial dischargers.
      (38)    PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial discharger.
      (39)    RECEIVING STREAM. The watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
      (40)    SERVICE DIRECTOR. The Service-Safety Director of the City of Logan, or his authorized deputy, agent or representative.
      (41)    SEWAGE. Water-carried wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
         (a)    NORMAL SEWAGE. Sewage which, when analyzed, has an average daily suspended solids (S.S.) concentration of not more than 250 milligrams per liter and an average daily biochemical oxygen demand (BOD5) of not more than 200 milligrams per liter.
         (b)    SANITARY SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
      (42)    SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
      (43)    SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.
      (44)    SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
         (a)    COMBINED SEWER. A sewer receiving both surface runoff and sewage.
         (b)    PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
         (c)    SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
         (d)    STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes.
      (45)    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 Section 402, 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act PL 94-580.
      (46)    SLUGLOAD. Any water or waste exceeding a concentration of greater than five times that of the "normal sewage," and which is discharged continuously for a period longer than ten minutes and/or at a rate exceeding 500 gallons per minute.
      (47)    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.
      (48)    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.
      (49)    SUSPENDED SOLIDS. See subsection (A)(34)(i) hereof.
      (50)    TREATMENT WORKS. Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the city.
      (51)    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 Section 307 (a) of PL 92-500.
      (52)    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.
      (53)    UNPOLLUTED WATER OR WASTE. Any water or waste containing none of the following: Free or emulsified grease or oil; acid or alkali, phenols or other substance imparting tastes and odors in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; and noxious odors or gases. It shall not contain more than 10,000 parts per million by weight of dissolved solids, of which not more than 2,500 parts per million shall be as chloride, with permissible volume subject to review by the Superintendent; and not more than ten parts per million each of suspended solids and BOD. Color shall not exceed fifty parts per million.
      (54)    UPSET. An exceptional incident in which an industrial discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth due to factors beyond the reasonable control of the industrial discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
      (55)    U.S.C. United States Code.
      (56)    USER. Any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
         (a)    COMMERCIAL USER. Any discharge of water, wastewater, industrial wastes, sanitary sewerage or sewerage, other than the owner or manager of an apartment house, which generates income from the sale of goods or services and employs twenty-four or fewer persons.
         (b)    INDUSTRIAL USER. Any discharger of water, wastewater, industrial wastes, sanitary sewerage or sewerage, other than the owner or manager of an apartment house, which generates income from the sale of goods or services and employs twenty-four or more persons.
      (57)    WASTEWATER. Industrial waste, or sewage or any other waste including that which may be combined with any groundwater, surface water or storm water, that may be discharged to the sewer system.
         (a)    OTHER WASTES. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, tar, chemicals and all other substances except sewage and industrial wastes.
      (58)    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.
      (59)    WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 14-1985, passed 3-27-85; Am. Ord. 19-1986, passed 5-13-86)