§ 53.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   APPLICABLE PRETREATMENT STANDARDS. Means:
      (1)   Slate presentment standards as established in 327 I.A.C. 5-18-8;
      (2)   Presentment standards for prohibited discharges, as established in 327 I.A.C. 5-18-2; and
      (3)   National categorical presentment standards incorporated by reference in 327 I.A.C. 5-18-10.
   AVAILABLE. Abutting the property, crossing the property, within any easement or public right-of-way abutting the property or within 300 feet of the property.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of dissolved oxygen, in milligrams per liter, required during the stabilization of the decomposable organic matter by aerobic biochemical action of sewage, sewage effluent, polluted waters or industrial wastes under standard laboratory procedures for five days at 20°C. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
   BUILDING (OR HOUSE) DRAIN. The part of the lowest horizontal piping of a building drainage system that receives the discharge from soil, waste or other drainage pipes inside the walls of the building and conveys it to a point outside the foundation wall of the building.
   BUILDING (OR HOUSE) DRAIN CONNECTION. The point where the building (or house) sewer is connected to the building drain at a location approximately three feet outside the foundation wall of the building.
   BUILDING (OR HOUSE) SEWER. The pipe which is connected to the building (or house) drain at a point three feet outside the foundation wall of the building and which conveys the building’s discharge from that point to the public sewer or other place of disposal.
   BUILDING (OR HOUSE) SEWER CONNECTION. The point where the building sewer is connected to the public sewer. This connection to the public sewer may be accomplished as follows:
      (1)   Where a tap-in connection is employed, the point of connection shall be where the end of the building sewer meets the inside face of the sewage system and the tapping “saddle and/or joint” shall be considered part of the building sewer; and
      (2)   Where fittings (Ts or Ys) are employed the connection shall be where the end of the first pipe meets the end of the fitting and the said T or Y fitting shall be considered a part of the building sewer.
   BULK WASTE. Any containerized solid, liquid or gaseous substance discarded or to be discarded as worthless, defective or of no use to the person discarding said substance.
   CHEMICAL OXYGEN DEMAND (COD). A measure of the oxygen equivalent to that portion of the organic matter in a sample of sewage, sewage effluent, polluted waters or industrial wastes that is susceptible to oxidation by a strong chemical oxidant. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
   CLASSIFICATION OF USERS.
      (1)   DOMESTIC CLASS USER. A user discharging only normal domestic sewage, as herein defined, into the system.
      (2)   COMMERCIAL CLASS USER. A user falling within Division G of the Standard Industrial Classification Manual, 1972, United States Office of Management and Budget as currently amended and supplemented.
      (3)   INDUSTRIAL CLASS USER. A user falling within Division A, B, D, E or I of the Standard Industrial Classification Manual, 1972, United States Office of Management and Budget, as currently amended and supplemented. A user described in the divisions listed herein may be excluded if it is determined by the town, that such user will introduce primarily segregated domestic waste or waste from sanitary conveniences. Users not listed therein may be included in this class of customers because of the production of excess strength of waste or toxics in excess of limits described hereinafter.
   CONTROL AUTHORITY (CA). The commissioner of the Indiana Department of Environmental Management.
   DWELLING. A building, or portion thereof, under one roof used primarily as the abode of one or more persons, but not including hotels, motels, lodging or boarding houses or tourist homes.
   EFFLUENT. The water, together with any wastes that may be present, flowing out of a drain, sewer receptacle or outlet.
   EMERGENCY. An unforeseen circumstance or combination of circumstances that may cause an eminent endangerment to the health and/or welfare of persons, the environment or which may interfere with the operation of the sewer collection system or the water pollution control plant.
   GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food or from the handling, storage or sale of produce.
   GROUND GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in public sewers, with no particle being greater than one-half inch in any dimension.
   INDIRECT DISCHARGER. A nondomestic discharger introducing pollutants into a POTW, regardless of whether the discharger is within the governmental jurisdiction of the permittee.
   INDUSTRIAL USER. An indirect discharger.
   INDUSTRIAL WASTES. Any solid, liquid, gaseous substance or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business operation or process from the development, recovery or processing of any natural resource carried on by any person.
   INFLUENT. The water together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
   INTERFERENCE. A discharge that, alone or in conjunction with a discharge or discharge from other sources, does one of the following:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, or its selected sludge use or disposal methods.
      (2)   Causes a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
      (3)   Prevents the use of the POTW's sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent state or local regulations:
         (a)   Section 405 of the Clean Water Act (33 U.S.C. § 1345).
         (b)   The Solid Waste Disposal Act (SWDA) (42 U.S.C. § 6901), including:
            1.   Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
            2.   The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. § 6941).
         (c)   The Clean Air Act (42 U.S.C. § 7401).
         (d)   The Toxic Substance Control Act (15 U.S.C. § 2601).
   MAJOR INDUSTRIAL USER. A user of the town-owned treatment works that:
      (1)   Has a flow of 50,000 gallons of water or more per average work day;
      (2)   Has a flow of waste greater than 5% of the flow carried by any part of the town system receiving the waste;
      (3)   Has in its waste, a toxic pollutant in amounts as defined in standards issued under § 507(a) of the Federal Act; or
      (4)   Is found by the state’s Department of Environmental Management, in connection with the issuance of the NPDES permit to the town-owned treatment works receiving the waste, to have significant impact whether singularly or in combinations with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.
   MAY. The act referred to is permissible.
   NORMAL DOMESTIC SEWAGE. Sewage having any average daily suspended solids concentration of not more than 250 milligrams per liter, an average daily BOD concentration of not more than 250 milligrams per liter and an average daily phosphorus concentration of not more than ten milligrams per liter and an average daily ammonia concentration of not more than ten milligrams.
   NPDES PERMIT. The National Pollutant Discharge Elimination System permit issued by the state’s Department of Environmental Management for discharges of wastewaters to navigable waters of the United States pursuant to § 402 or 33 U.S.C. § 466.
   OPERATION AND MAINTENANCE COSTS. All costs direct and indirect, other than debt services including replacement costs, as defined herein, necessary to insure adequate wastewater treatment on a continuing basis conforming with federal, state and/or local requirements and to ensure long-term facilities management.
   OUTLET. Any outlet, natural or constructed, which is the point of final discharge of sewage or of treatment plant effluent into any watercourse, pond, ditch, lake or other body of surface ground water.
   PASS-THROUGH. A discharge proceeding through a POTW into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.
   PERSON. Any individual, firm, partnership, company, municipal or private corporation, commercial establishment, association, society, institution, enterprise, governmental agency or other legal unit or entity.
   pH. The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram-atoms per liter of solution.
   POLLUTANTS.
      (1)   COMPATIBLE POLLUTANTS. Waste containing biochemical oxygen demand, chemical oxygen demand, suspended solids, phosphorus, pH and (fecal coliform) bacteria and ammonia NH3.
      (2)   INCOMPATIBLE POLLUTANTS. Wastes containing pollutant that is not a compatible pollutant such as “slug load” that would cause damage to the sewage system and/or treatment plant.
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to presentment, other than a presentment standard, imposed on an industrial user, including applicable local limits.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works owned by the state or a municipality, except that it does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or compatible industrial wastes. The term also includes sewers, pipes, and other conveyances only it they convey wastewater to a POTW treatment plant. "POTW" also means the municipality that was jurisdiction over the indirect discharges to and the discharges from such treatment works.
   RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the sewage treatment plant.
   REPLACEMENT COST. The cost, stated in current monetary values, as an operating cost which represents and measures the day-to-day consumption and attrition of physical assets in rendering service to users.
   SANITARY SEWAGE. Sewage discharged from the sanitary conveniences of dwellings, apartment houses, condominiums, motels, hotels, lodging or boarding houses, office building, factories or institutions and free from storm waters, surface waters and industrial wastes.
   SERVICE CHARGE. The basic assessment levied on all users of the public sewerage system for wastes, which do not exceed in strength the concentration values above which a strength-of-waste surcharge will be made.
   SEWAGE. The water-carried wastes from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and storm waters as may be present.
   SEWAGE TREATMENT PLANT, WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANT. The arrangement of devices, structures and equipment used for treating and disposing of sewage and sludge.
   SEWAGE UTILITY, WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL WORKS. All facilities and systems for collecting, transporting, pumping, treating and disposing of sewage and sludge, including the sewerage collection system and the sewage treatment plant, whether or not in active use.
   SEWER. A pipe or conduit for carrying sewage and other waste liquids as differentiated below.
      (1)   COMBINED OR COMBINATION SEWER. A sewer which carries storm, surface and ground water runoff as well as sewage.
      (2)   PUBLIC SEWER. A sewer to the use of which all owners of abutting property has equal rights and is controlled and maintained by the town or other public authority.
      (3)   SANITARY SEWER. A sewer which carries sanitary sewage and to which storm, surface, ground water and unpolluted industrial wastewaters are not intentionally admitted.
      (4)   STORM SEWER. A sewer which carries storm, surface and ground water drainage, but excludes sanitary sewage.
   SEWER ENGINEER. The Superintendent of the sewage treatment plant of the town or his or her duly authorized representative; the term is synonymous with the term WATER POLLUTION CONTROL ENGINEER and WASTEWATER SUPERINTENDENT.
   SEWERAGE SYSTEM. The network of sewers and appurtenances used for collecting, transporting and pumping sewage to the sewage treatment plant.
   SHALL. The act referred to is mandatory.
   SIGNIFICANT INDUSTRIAL USER (SIU).
      (1)   Industrial users subject to categorical pretreatment standards under 327 I.A.C. 5-1 8-10.
      (2)   An industrial user that:
         (a)   Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW;
         (b)   Contributes a process wastestream that makes up 5% or POTW treatment plant; or
         (c)   Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to:
            1.   Adversely affect the POTW's operation;
            2.   Violate a presentment standard; or
            3.   Violate a requirement of 327 I.A.C. 5-19-3.
      (3)   The control authority may, on its own initiative or in response to a petition received from an industrial user or a POTW and in accordance with 327 I.A.C. 5-19-3(6), determine that an industrial user is not a significant industrial user if it does not meet Part III.A.9.b.(3) of the current NPDES permit.
   STANDARD METHODS. The examination and analytical procedures set forth in the most recent edition of Standard Methods - the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Waterworks Association and the Water Pollution Control Federation, a copy of which is on file in the office of the Superintendent of the Water Pollution Control Plant.
   STRENGTH-OF-WASTE SURCHARGE. The additional charges for sewage service collected from users discharging sewage into the system having a strength measurement in excess of the limits imposed by the provisions of this chapter.
   UTILITY SUPERVISOR. The Utility Supervisor of the Sewage Treatment Plant, Water Pollution Control Plant and Wastewater Treatment Plant of the town, or his or her duly authorized representative.
   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 is expressed in milligrams per liter. Quantitative determinations are made in accordance with procedures set forth in Standard Methods.
   UTILITY. Unless the context requires another meaning, the Town of North Manchester.
   WASTE SURVEILLANCE CHARGE. A monthly charge collected from users, qualifying as industrial or commercial class users, to defray the cost of evaluating the user’s waste by metering, sampling, laboratory analysis and/or other methods deemed necessary. Said charges are set forth in §§ 53.60 through 53.65 of this chapter and are subject to review annually as provided in § 53.65(A) of this chapter.
   WATERCOURSE. A channel in which a flow of water occurs either continuously or intermittently.
(Prior Code, Title V, Ch. II, Art. II, § 1)  (Ord. 14, 1992, passed - -1992; Ord. 4, 2012, passed 4-11-2012)