§ 51.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Federal Water Pollution Control Act (Pub. L. No. 92-500), being 33 U.S.C. §§ 1251 et seq., as amended by the Clean Water Act (Pub. L. No. 95-217) of 1977, being 42 U.S.C. §§ 7401 et seq.
   APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal, state or local) and considered to be the most restrictive with which nondomestic users will be required to comply.
   APPROVAL AUTHORITY. The Indiana State Board of Health, Division of Water Pollution Control Director.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
      (1)   A principal executive office of at least the level of Vice President if the industrial user is a corporation.
      (2)   A general partner or proprietor, if the industrial partnership or proprietorship, respectively.
      (3)   A duly authorized representative of the individual designated above, if the representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
   BOD or BIOCHEMICAL OXYGEN DEMAND. A standard test used in assessing wastewater strength.
   BOARD. The Town Council of the Town of Newburgh, Indiana.
   CATEGORICAL PRETREATMENT STANDARDS. National pretreatment standards specifying quantities or concentrations of pollutants or the properties of pollutant which may be discharged to the wastewater treatment plant by specific categories of industrial users.
   C.F.R. Code of Federal Regulations.
   COMBINED SEWER. A sewer intended to serve as a sanitary sewer and a storm sewer.
   COMPATIBLE POLLUTANT. Any pollutant which is not defined below as an “incompatible pollutant”.
   COMPOSITE SAMPLE. Should contain a minimum of eight discrete samples of equal volume taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period.
   CONNECTION and TAP-IN. These words shall be identical whether used independently or jointly and shall cover not only situations where there is an initial or first tap-in or connection into the town sewer system but also where improvements which are already connected are tapped into a sewer line, and there are additions to, enlargements or expansions of the existing improvements.
   COUNCIL. The Town Council of the Town of Newburgh. or any duly authorized officials acting on its behalf.
   DAILY DISCHARGE. Discharge of wastewater measured during a 24-hour period that reasonably represents the calendar day for purposes of sampling.
   DEBT SERVICE COSTS. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
   DISCHARGER or INDUSTRIAL DISCHARGER. Any nonresidential user who discharges industrial wastewater to the wastewater treatment plant.
   DOMESTIC WASTEWATER. Wastewater discharged from the sanitary conveniences of dwellings, apartment houses, hotels, office buildings, industrial plants and institutions, and a water supply of a community after it has been used and discharged into a sewer, excluding storm and surface water.
   EPA. Environmental Protection Agency.
   EQUIPMENT REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the sewage works to maintain the capacity and performance for which the works are designed and constructed.
   EXCESSIVE STRENGTH SURCHARGES. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of “normal domestic sewage”.
   GARBAGE. Any solid wastes from preparation, cooking or dispensing of food and from handling, storage, or sale of produce.
   GRAB SAMPLE. A sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.
   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.
   IMPROVEMENT. Any building, structure or physical enclosure, whether attached or unattached to real estate, and whether mobile or immobile.
   INCOMPATIBLE POLLUTANT. A pollutant which passes through or interferes processes or which may contaminate sewage sludge.
   INDIRECT DISCHARGE. Industrial wastewater from a source regulated under § 307(b) or (c) of the Federal Water Pollution Control Act, being 33 U.S.C. § 1317(b) or (c), into the wastewater treatment plants.
   INDUSTRIAL USER (IU). Any industrial or commercial establishment that discharges industrial (process) wastewater to a publicly-owned treatment works.
   INDUSTRIAL WASTE.
      (1)   Solid, liquid, or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
      (2)   The liquid waste from an industrial process of all kinds, not including sanitary sewage.
      (3)   The liquid waste and wastewater from any commercial manufacturing or industrial manufacturing operation or process.
   INFILTRATION. The water entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls shall not exceed 200 gallons per inch of pipe diameter per mile of pipe per day. The following table shall be used to determine maximum allowable infiltration:
 
Pipe Size x Allowable Flow ÷ Feet/Mile = Gallons/Day/Foot of Pipe
6 inch x 200 gallons ÷ 5,280 = 0.2273
8 inch x 200 gallons ÷ 5,280 = 0.3030
 
   INFLOW. The water discharged into a sewer system and service system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, 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 wash waters or drainage is hereby expressly prohibited.
   INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
   INTERFERENCE. The inhibition or disruption of a POTW’s sewer system, treatment processes or operations which may contribute to a violation of any requirement of its NPDES permit.
   MAJOR CONTRIBUTING INDUSTRY. An industrial user of the publicly-owned treatment works that:
      (1)   Has a flow of 50,000 gallons or more per average workday;
      (2)   Has a flow greater than 5% of flow carried by the municipal system receiving the waste;
      (3)   Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under § 307(a) of the Environmental Protection Act, being 33 U.S.C. § 1317(a); and
      (4)   Is found by the permit issuance authority, in connection with the issuance of the NPDES permit to the publicly-owned treatment works receiving the waste, to have significant impact, either singularly or in combination with other contributing industries, on the treatment works or upon the quality of effluent form the treatment works.
   MAXIMUM DAILY DISCHARGE LIMITATIONS. Highest allowable daily average discharge based on a 24-hour composite sample.
   mg. Milligrams.
   mg/l. Milligrams per liter.
   NEW SOURCE. Any source, the construction of which is started after the publication or proposed regulations stating a categorical pretreatment standard will be applicable to the source, provided the standard is promulgated within 120 days of its proposal in the Federal Register. Where the standard is promulgated later than 120 days after its proposal, a NEW SOURCE means any source in which construction is started after the date of promulgation of the standard.
   NORMAL DOMESTIC SEWAGE.
      (1)   For the purpose of determining surcharges, shall mean wastewater or sewage having an average daily concentration as follows:
         (a)   BOD not more than 250 mg/l; and
         (b)   SS not more than 250 mg/l.
      (2)   As defined by origin, wastewaters from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes.
   NPDES. National pollutant discharge elimination system permit program as administered by the U.S. EPA or the state.
   NPDES PERMIT. A permit issued pursuant to the national pollutant discharge elimination system as provided in § 402 of the Clean Water Act, being, 33 U.S.C. § 1342.
   OPERATION AND MAINTENANCE COSTS (O & M). Includes 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 include replacement.)
   OTHER SERVICE CHARGES. Tap charges, connections charges, area charges and other identifiable charges, other than user charges, debt service charges and excessive strength surcharges.
   OTHER WASTES. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
   OWNER. When used in this chapter shall mean the OWNER of the property that is being served by the sewage works of the town.
   PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
   POTW. Publicly owned treatment works.
   PRETREATMENT. The reduction of the amount of pollutants, or the alteration of the nature of pollutant properties, in the industrial wastewater to comply with this chapter.
   RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.
   REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of treatment works to maintain the capacity and performance for which such works were designed and constructed.
   SANITARY SEWAGE. When used in this chapter shall include liquid waste and wastewater from water closets, urinals, lavatories, sinks, bathtubs, showers, laundries, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains and industrial wastes.
   SANITARY SEWER. A sever that carries liquid and water wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
   SEWAGE. Water-carried human 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.
   SEWAGE WORKS. All of the works heretofore or hereafter established, financed and constructed under the provisions of any federal or state statute.
   SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
   SHALL. Is mandatory; MAY is permissive.
   SIC. Standard Industrial Classification.
   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 Work’s Association and the Water Pollution Control Federation.
   STORM SEWER. A sewer intended to carry only storm waters, surface runoff, street wash waters and drainage.
   SUSPENDED SOLIDS. When used in this chapter shall mean solids that either float on the surface of or in suspension in water, wastewater or other liquids which are largely removable by laboratory filtering.
   TOWN. The Town of Newburgh, Indiana, acting by and through the Council.
   TOWN SEWER SYSTEM. The sanitary sewer system of the town, located both within the town limits and within that area beyond the boundaries of the town limits, over which the town has jurisdiction as to sewers.
   TSS. Total suspended solids.
   UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth herein due to factors beyond the reasonable control of the discharger.
   USER. Any person or persons or any establishment of any kind discharging or causing the discharge of wastewater into the sewer system of the town.
   USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to § 204 of the Clean Water Act, being 33 U.S.C. § 1284.
   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 manufacturing or processing facility that discharges industrial waste to a publicly owned 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.
   WASTEWATER. Influent to the wastewater treatment plant.
   WASTEWATER TREATMENT PLANT (WWTP). The wastewater treatment plant owned and operated by the town.
(1991 Code, § 50.01) (Ord. 1998-1, passed 1-28-1998)