(A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACT or THE ACT.  The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
      APPROVAL AUTHORITY.  The Director of the Division of Water Quality in the North Carolina Department of Environment and Natural Resources or his or her designee.
      BIOCHEMICAL OXYGEN DEMAND (BOD).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for 5 days at 20°C, usually expressed as a concentration (e.g., mg/l).
      BUILDING SEWER.  A sewer conveying wastewater from the premises of a user to the POTW.
      BYPASS.  The intentional diversion of waste streams from any portion of a user’s treatment facility.
      DIRECT DISCHARGE.  The discharge of wastewater into any waters of the state.
      DIRECTOR.  The person designated by the town to supervise the operation of the publicly-owned treatment works and who is charged with certain duties and responsibilities by this chapter or his or her duly authorized representative.
      ENVIRONMENTAL PROTECTION AGENCY or EPA.  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 official of the agency.
      FOOD SERVICE ESTABLISHMENT.  A facility discharging kitchen or food preparation wastewaters such as restaurants, motels, hotels, cafeterias, delicatessens, meat-cutting preparations, bakeries, hospitals, schools, bars, or any other facility which, in the town’s discretion, would require a grease trap installation by virtue of its operation.
      GRAB SAMPLE.  A sample which is taken from a waste stream on a 1-time basis without regard to the flow in the waste stream and without consideration of time.
      GREASE INTERCEPTOR/GREASE TRAP.  A device utilized to effect the separation of grease and oils in wastewater effluent from a food service establishment.  The traps or interceptors may be of the outdoor or underground type normally of a 1,000-gallon capacity or more, or the under-the-counter  package units which are typically less than 100-gallon capacity.  For the purpose of this definition, the words TRAP and INTERCEPTOR are used interchangeably.
      HOLDING TANK WASTE.  Any waste from holding tanks, including, but not limited to, such holding tanks as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
      INDIRECT DISCHARGE or DISCHARGE.  The discharge or the introduction from any nondomestic source regulated under § 307(b), (c), or (d) of the Act, (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).
      INTERFERENCE.  The inhibition or disruption of the POTW treatment processes, operations, or its sludge process, use, or disposal, which causes or contributes to a violation of any requirement of the POTW’s NPDES or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable state and federal statutes, regulations, or permits.  The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. §§ 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, the Marine Protection Research and Sanctuary Act (MPRSA), or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
      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.
      NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL 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. § 1317) which applies to a specific category of industrial user.
      NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.  A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342), or pursuant to G.S. § 143-215.1 by the state under delegation from EPA.
      NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD.  Absolute prohibitions against the discharge of certain substances.  These prohibitions appear in § 50.015 of this chapter and are developed under the authority of § 307(b) of the Act and 40 C.F.R. pt. 403.5.
      NEW SOURCE.  Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) Categorical Pretreatment Standards which will be applicable to the source, if the 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.
      NON-DISCHARGE PERMIT.  A disposal system permit issued by the state pursuant to G.S. § 143-215.1.
      PASS THROUGH.  A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW’s NPDES or non-discharge permit, or a downstream water quality standard.
      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.  This definition includes all federal, state, and local government entities.
      pH.  A measure of the acidity or alkalinity of a substance, expressed as standard units, and calculated as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
      POLLUTANT.  Any WASTE as defined in G.S. § 143-213(18) and dredged spoil, solid incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste and certain characteristics of wastewater (e.g., pH. temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
      POLLUTION.  The human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water.
      POTW DIRECTOR.  The Town Manager of Maggie Valley is designated with the responsibility for the enforcement of this chapter.
      POTW TREATMENT PLANT.  The portion of the POTW designed to provide treatment to wastewater.
      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 prior to or in lieu of discharging or otherwise introducing the pollution into a POTW.  The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means except by diluting the concentration of the pollutants.
      PUBLICLY-OWNED TREATMENT WORKS (POTW) or MUNICIPAL WASTEWATER SYSTEM.  A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the town.  This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature.  It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant.  For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the town who are, by contract or agreement with the town, or in any other way, users of the POTW of the town.
      SIGNIFICANT INDUSTRIAL USER.  Any industrial user of the wastewater disposal system who has a process wastewater flow of 5% of the treatment plant capacity or .75 MGD or more per day.
      SIGNIFICANT NONCOMPLIANCE or REPORTABLE NONCOMPLIANCE.  A status of noncompliance defined as follows:
         (a)   Violations of wastewater discharge limits:
            1.   Any violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass through; or endangered the health of the sewage treatment plant personnel or the public; and
            2.   Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.
         (b)   Violations of compliance schedule milestones, contained in a pretreatment permit or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date;
         (c)   Failure to provide reports for compliance schedule, self-monitoring data, baseline monitoring reports, 90-day compliance reports, and periodic compliance reports within 30 days from the due date;
         (d)   Failure to accurately report noncompliance; and
         (e)   Any other violation or group of violations that the control authority considers to be significant.
      SLUG LOAD.  Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 50.015 of this chapter.
      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, 1987.
      STORM WATER.  Any flow occurring during or following any form of natural precipitation and resulting therefrom.
      SUSPENDED SOLIDS.  The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
      WASTEWATER.  The liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, mobile sources, treatment facilities and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
      WASTEWATER PERMIT.  As set forth in § 50.051 of this chapter.
      WATERS OF THE STATE.  All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
   (B)   This chapter is gender neutral and the masculine gender shall include the feminine and vice versa.
   (C)   SHALL is mandatory; MAY is permissive or discretionary.
   (D)   The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
   (E)   The following abbreviations, when used in this chapter, shall have the designated meanings.
      BOD.  Biochemical Oxygen Demand.
      C.F.R.  Code of Federal Regulations.
      COD.  Chemical Oxygen Demand.
      EPA.  Environmental Protection Agency.
      gpd.  Gallons per day.
      G.S.  North Carolina General Statutes.
      l.  Liter.
      mg.  Milligrams.
      mg/l.  Milligrams per liter.
      NPDES.  National Pollution Discharge Elimination System.
      O&M.  Operation and Maintenance.
      POTW.  Publicly-Owned Treatment Works.
      RCRA.  Resource Conservation and Recovery Act.
      SIC.  Standard Industrial Classification.
      SWDA.  Solid Waste Disposal Act.
      TKN.  Total Kjeldahl Nitrogen.
      TSS.  Total Suspended Solids.
      U.S.C.  United States Code.
(Ord. 256, passed 4-17-2001)