§ 52.01 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AMMONIA or NH3-N. Has the same meaning as in the sewer use ordinance (§§ 52.25 through 52.38).

   BOARD.  The Town Council of the Town of Middlebury, or any duly authorized officials acting on its behalf.

   BOD or BIOCHEMICAL OXYGEN DEMAND. Has the same meaning as in the sewer use ordinance (§§ 52.25 through 52.38).

   CBOD or CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND. Has the same meaning as in the sewer use ordinance (§§ 52.25 through 52.38).

   COD or CHEMICAL OXYGEN DEMAND. Has the same meaning as in the sewer use ordinance (§§ 52.25 through 52.38).

   DEBT SERVICE COSTS. The average annual principal and interest payments on all existing and proposed revenue bonds or other long-term capital debt.

   EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage.”

   INDUSTRIAL WASTES. The wastewater discharges from industrial, trade or business processes as distinct from employee wastes or wastes from sanitary conveniences.

   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT. Has the same meaning as defined in the sewer use ordinance (§§ 52.25 through 52.38).

   NORMAL DOMESTIC SEWAGE. 

      (1)   For the purpose of determining surcharges, wastewater or sewage having an average daily concentration as follows:

         (a)   SS not more than 240 mg/l;

         (b)   BOD not more than 240 mg/l;

         (c)   Ammonia not more than 30 mg/l;

         (d)   Phosphorus not more than 7 mg/l; and

         (e)   Fats, wax, grease or oils, collectively, whether emulsified or not, not more than 100 mg/l.

      (2)   As defined by origin, waste waters from segregated domestic and/or sanitary conveniences as distinct from industrial wastes.

   OPERATION AND MAINTENANCE COSTS. Include all costs, direct and indirect, necessary to provide adequate wastewater collection, transport and treatment on a continuing basis and produce discharges to receiving waters that conform with all related federal, state and local requirements. (These costs included replacement.)

   OTHER SERVICE CHARGES. Tap charges, connection charges, area charges and other identifiable charges other than excessive strength surcharges.

   PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, limited partnership, limited liability partnership, limited liability company, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the state and political subdivisions thereof, 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.

   PHOSPHORUS. Has the same meaning as defined in the sewer use ordinance (§§ 52.25 through 52.38).

   REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

   SEWAGE. Has the same meaning as defined in the sewer use ordinance (§§ 52.25 through 52.38).

   SEWER USE ORDINANCE. A separate and related enactment to this subchapter, codified in §§ 52.25 through 52.38, which regulates the connection to and use of public and private sewers, known as the “town sewer use ordinance.”

   SHALL. Mandatory; MAY is permissive.

   SS or SUSPENDED SOLIDS. Has the same meaning as defined in the sewer use ordinance (§§ 52.25 through 52.38).

   TOWN. The Town of Middlebury acting by and through the Town Council.

   USER CHARGES. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to § 204(b) of Pub. Law No. 92-500.

   USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional and governmental in the user charge system).

      (1)   COMMERCIAL USER. Any establishment involved in a commercial enterprise, business or service which, 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 industrial, manufacturing, business, trade or processing facility that discharges industrial waste to a wastewater treatment works.

      (4)   INSTITUTIONAL USER. Any establishment involved in a social, charitable, religious 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.

(Ord. 553, passed 3-18-2013; Ord. 647, passed 3-15-2021)