§ 51.001 DEFINITIONS.
    The following words, terms and phrases, wherever used in this chapter, shall have the meanings respectively ascribed to them in this section unless the context plainly indicates otherwise or that a more restricted or extended meaning is intended. In addition, definitions contained in 40 C.F.R. Parts 35, 401 and 403, as amended, are hereby incorporated in this section by reference and shall take preference over definitions in this section in case of any conflicts. For the purposes of this chapter, the word “shall” is mandatory and the word “may” is permissive. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCOUNT, WATER SERVICE. The record of water and sewer usage and monetary transactions maintained by the town for each water consumer.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure per the latest version of Standard Methods.
   BOARDING OR ROOMINGHOUSE. Defined by reference to the Town Zoning Ordinance and the appropriate building code.
   BUILDING. A structure designed to be used as a place of occupancy, storage or shelter.
   BUILDING SEWER OR HOUSE CONNECTION. The connecting pipe from a building, beginning five feet outside the inner face of the building wall, to the municipal sewer system.
   BUILDING WATER SERVICE OR WATER CONNECTION. The connecting pipe from a building, beginning five feet outside the inner face of the building wall, to the municipal water system.
   CAMPGROUND OR RECREATIONAL VEHICLE PARK Defined by reference to the Town Zoning Ordinance and the appropriate building code.
   COLOR. The true color of the light transmitted by the waste solution after removing the suspended material, including the pseudo-colloidal particles.
   CONCEALED LEAK. Any use of water of which the consumer has no knowledge, such as leaking underground piping. Leaking water closets (toilets), faucets and hose bibs are not considered as CONCEALED WATER LEAKS and are the customer’s responsibility to maintain and correct on an as-needed basis.
   CONDOMINIUM. Defined by reference to the Town Zoning Ordinance and the appropriate building code.
   CONSUMER. Any person or owner responsible for the use of water and/or sewer service obtained from the town water/sewer system. Interchangeably used with USER and CUSTOMER.
   DOMESTIC WASTE. All liquid and waterborne pollutants, exclusive of “unpolluted wastewater” as defined in this section or wastewater or wastes from processes or operations in industrial establishments (“industrial waste”), as defined in this section.
   EASEMENT. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation or persons.
   FAMILY. One or more persons living together as a single housekeeping or dwelling unit.
   HOTEL. Defined by reference to the Town Zoning Ordinance and the appropriate building code.
   INDUSTRIAL WASTE. The liquid and waterborne pollutants resulting from processes or operations employed in industrial establishments, as defined in the Standard Industrial Classification Manual, 1972, Office of Management and Budget of the federal government, as amended and supplemented, under the following divisions:
      (1)   Division A, Agricultural, Forestry and Fishing;
      (2)   Division B, Mining;
      (3)   Division D, Manufacturing;
      (4)   Division E, Transportation, Communications, Electric, Gas and Sanitary Services; and
      (5)   Division I, Services.
   INFILTRATION. Water other than wastewater that enters a sewerage system (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections or manholes. INFILTRATION does not include, and is distinguished from, inflow.
   INFILTRATION and INFLOW. The total quantity of water from both infiltration and inflow without distinguishing the source (I&I).
   INFLOW. Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, water to air (Florida) heat pumps, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm water, surface runoff, street wash waters or drainage. INFLOW does not include, and is distinguished from, infiltration.
   METER. The town authorized measuring device used for determining water consumption.
   MOBILE HOME PARK. Defined by reference to the Town Zoning Ordinance and the appropriate building code.
   MODIFIED SERVICE. Includes any and all services or building water and/or sewer services where any new plumbing is installed, where the building water and/or sewer service is changed or replaced in any way, where the water meter is replaced, or any other changes to the plumbing system are made.
   MONTHLY METER CHARGE. The minimum monthly charge assessed to each meter account based on the meter size as presented in the town’s fee schedule.
   MONTHLY UNIT CHARGE. The minimum monthly charge assessed to each unit of a multiple unit establishment for service from a single meter. Each unit charge shall be equivalent to the monthly service charge for a single three-fourths inch meter and service as set out in the town’s fee schedule. Motels, roominghouses, condominiums, restaurants and all other multiple unit establishments shall be charged a MONTHLY UNIT CHARGE for each unit on the premises, as determined by a site inspection by the Public Utilities Director.
   MOTEL. Defined by reference to the Town Zoning Ordinance and the appropriate building code.
   NORMAL WASTE. A waste having an average concentration of 250 milligrams per liter of BOD, or less, and 250 milligrams per liter of suspended solids, or less, and a pH between 6.0 and 9.0 as determined by samples taken before entering the public sanitary sewers.
   OWNER. Any person, firm or corporation, lessee, receiver, trustee, guardian or personal representative, holding legal title or right to occupy or carry on business in a structure or any facility. Where there is more than one OWNER, as defined, their duties and obligations under this policy are joint, and several, and shall include the responsibility for the account for water service serving their property.
   PERSON. Any association, company, corporation, firm, individual, organization or partnership, singular or plural, of any kind.
   pH. The negative logarithm of the reciprocal of the concentration of hydrogen ions activity of a solution. STABILIZED pH is that determined after a sample of the waste has been subjected to natural aeration.
   PRIVATE WASTEWATER DISPOSAL SYSTEM. Any facility for wastewater treatment and disposal not maintained and operated by the town.
   PRIVATE WATER SYSTEM. Any facilities for obtaining potable water not maintained and operated by the town.
   PROPERLY SHREDDED GARBAGE. The organic wastes resulting from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle being greater than one-half inch in any dimension.
   PUBLIC UTILITIES DIRECTOR. The Director of the Public Utilities Department of the Town of Newport.
   RECEIVING STREAM. The body of water, stream or watercourse receiving the discharge from a wastewater treatment plant, or that body of water, stream or watercourse formed by the effluent from a wastewater treatment plant.
   RESTAURANT. An establishment serving food and/or beverages, and regulated by the County Health Department.
   REPLACEMENT. 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. The term OPERATION AND MAINTENANCE includes REPLACEMENT.
   SANITARY SEWER. A public sewer controlled by a governmental agency or public utility that carries liquid and waterborne wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground and surface waters that are not admitted intentionally.
   SANITARY SEWERAGE SYSTEM. Any part of the public sanitary sewer or systems, including wastewater pumping stations, that discharge into wastewater treatment facilities owned and/or operated by the town.
   SERVICE. The authorized connection of a pipe from the town water main to a town water meter, or from a town sewer main to the point of service (usually a clean-out at the edge of the right-of-way).
   SLUG. Any discharge of water or wastewater of any duration during which the rate of flow or concentration of any constituent increases to such magnitude as to affect adversely the operation of the sewer system or the ability of the town’s wastewater treatment facilities to meet the water quality objectives.
   STANDARD METHODS. The analytical procedures set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or EPA Methods of Chemical Analysis of Water and Wastes, as published by the Environmental Protection Agency, Water Quality Office in April 1971, or subsequent editions.
   STORM SEWER. A sewer intended to carry only storm waters, surface runoff, street wash waters and drainage.
   STRENGTH OF WASTE. The concentration, expressed in milligrams per liter by weight (mg/l), of a pollutant or substance contained in the liquid waste.
   SUSPENDED SOLIDS (SS). The total solid matter that either floats on the surface of, or is suspended in, water or liquid waste, and which is removable by laboratory filtration.
   TOWN. The Town of Newport, North Carolina.
   TOWN COUNCIL. The governing body of the Town of Newport.
   TOWN MANAGER. The chief administrative officer of the town. It may also include any other town employee delegated to act for the town by the Town Manager or by the Town Council.
   TREATMENT WORKS. Any devices and systems for the storage, treatment, recycling and reclamation of sewage, domestic sewage or liquid industrial wastes.
   UNIT, COMMERCIAL. Any user of water that is not a dwelling unit, restaurant or other specifically excepted user. Commercial accounts shall be charged for water service according to the published town fee schedule for the size meter serving the establishment.
   UNIT, DWELLING. An enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family, served by a single meter.
   UNIT, MULTIPLE. More than one unit served collectively by one meter.
   UNPOLLUTED WASTEWATER.
      (1)   Any wastewater which is substantially free of pollutants and is discharged from rain downspouts and drains, footing drains, storm and surface water drains, or cooling water systems. UNPOLLUTED WASTEWATER shall also mean any wastewaters judged by the North Carolina Division of Water Quality, or its successor, to be admissible to streams and watercourses under the jurisdiction of such agency, and in accordance with the standards of water quality established by such agency for the particular stream or watercourse into which such unpolluted wastewater is to be discharged.
      (2)   UNPOLLUTED WASTEWATER shall contain, by definition, none of the following:
         (a)   BOD in excess of ten milligrams per liter;
         (b)   Suspended solids in excess of ten mg/l;
         (c)   Free of emulsified greases or oils;
         (d)   Acids or alkalis;
         (e)   Phenols or other substances imparting taste or odor in receiving waters;
         (f)   Toxic or poisonous substances;
         (g)   Noxious or odorous gases; or
         (h)   Temperature in excess of 150°F.
   USER. The terms USER, CUSTOMER and CONSUMER are used interchangeably in this chapter. They all refer to users of water and/or sewer service.
   USER CHARGE. A charge levied on users of any treatment works, for the user’s proportionate share of the cost of operation and maintenance (including replacement) of such works.
   WATER, NON-POTABLE. Any water that does not meet the requirements of potable water as defined in this section, but may be suitable for heating, cooling, irrigation or other purposes.
   WATER, POTABLE. Water that is suitable for human consumption, and that meets or exceeds all guidelines for drinking water as published by the Water Supply Branch, North Carolina Division of Health Services in NCAC Title 15A, Subchapter 18C, §§ .0100 through .2100, as amended, (known as the green book) or its successors.
   WATER AND SEWER FEE SCHEDULE (FEE SCHEDULE). The schedule of water and sewer rates, user charges and all other fees charged for water and sewer services, deposits, tap and impact charges, and other miscellaneous services. The most current copy of this fee schedule shall be maintained in the office of the Town Clerk. The fee schedule is a separate document from this chapter, and may be modified from time to time by the Town Council without changing or modifying this chapter.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)