§ 51.002 DEFINITIONS.
   Unless otherwise defined herein, terms shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by Standard Methods, unless a mutually agreed on acceptable alternative method is adopted between the concerned parties or as established by state or federal regulatory agencies. 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, as amended by the Clean Water Act of 1977, as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.
   BENEFICIAL USES. These uses include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by state or federal law.
   BIOCHEMICAL OXYGEN DEMAND (BOD). In sewage, sewage effluent, polluted waters or industrial wastes shall mean the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action 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 lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to a point approximately four feet outside the foundation wall of the building.
   BUILDING (OR HOUSE) LATERAL SEWER. The extension from the building drain to the sewerage system or other place of disposal.
   CHEMICAL OXYGEN DEMAND (COD). In sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.
   COMBINED SEWER. A sewer which carries both storm, surface, ground water runoff and wastewater.
   COMPATIBLE POLLUTANTS. Biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the town’s national pollutant discharge elimination system (NPDES) permit.
   DEPARTMENT. The Town of Otterbein wastewater treatment plant, including the sewer collection and wastewater treatment facilities.
   DISCRETIONARY FUNDS. Twenty percent of retained amounts, including any interest earned thereon, may be used by the town in any manner and for any purpose deemed necessary by the Town Council.
   EFFLUENT. Water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle or outlet.
   EQUIPMENT. All movable, non-fixed items necessary to the wastewater treatment process.
   FACILITIES CONSTRUCTED. The portions of the collection system, interceptor sewers, wastewater treatment plant and non-construction costs eligible for federal grant participation defined by the plans and specifications prepared by Stoeppelwerth & Associates, Engineers of Indianapolis, Indiana (said plans and specifications as approved by the Stream Pollution Control Board of the State of Indiana on November 12, 1976 incorporated as a part hereof) including all change orders to the plans and specifications up to final acceptance of the facilities constructed by the town.
   FEDERAL ACT. The Federal Water Pollution Control Act, Pub. L. No. 92-500, and any amendments thereto; as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the act.
   FEDERAL GRANT AND ENVIRONMENTAL PROTECTION AGENCY (EPA) - PROJECT NO. C180814-02. A federal grant in the amount of $285,600 awarded to the Town of Otterbein, Indiana, under EPA Project No. C180814-02, for application on the cost of constructing eligible portions of a collection system, interceptor sewers, wastewater treatment plant and supportive non-construction costs.
   GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.
   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 particles being greater than one-half inch in dimension.
   HOLDING TANK WASTE. Any waste from holding tanks such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks and the like.
   INCOMPATIBLE POLLUTANTS. Any pollutants which are not compatible pollutants.
   INDUSTRIAL WASTES. Any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escaping from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by any person and shall further mean any waste from an industrial user.
   INFILTRATION. The water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls.
   INFLOW. The water discharged into a sewer system, including 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. INFLOW does not include, and is distinguished from infiltration.
   INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
   INSPECTOR. A person authorized by the town through the Town Council or the Superintendent of the Department.
   NATURAL OUTLET. Any outlet, into a watercourse, pond, lake or other body of surface or ground water.
   NPDES PERMIT. National pollutants discharge elimination system permit setting forth conditions for the discharge of any pollutant or combination of pollutants.
   NUISANCE. Anything which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or properly.
   OPERATION AND MAINTENANCE EXPENSES. All annual expenses including replacement related directly to operating and maintaining the sewage works as identified in “Uniform System of Accounts for Wastewater Utilities” or as prescribed by the State Board of Accounts under general headings, Plant Operation and Maintenance, Sewer Operation and Maintenance, Customer Accounts, Administrative and General, Insurance and Taxes.
   PAYMENTS TO U.S. TREASURY. The town shall, at least once per year, pay to the U.S. Treasury an amount equal to the remaining 50% of recovered amounts together with all interest earned thereon.
   PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, the state or other 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.
   POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses.
   PREMISES. A parcel of real estate including any single improvement thereon which is determined by the town to be a single user for purposes of receiving, using and paying for service. Any additional improvement on the same parcel of real estate which is determined by the town to be a user shall be separately connected to the sewerage system for the purposes of receiving, using and paying for service.
   PUBLIC SEWER. A sewer in which all owners of abutting property have equal rights and which is controlled by public authority.
   REAL PROPERTY. All non-movable fixed in place items, such as structures and buildings, housing, equipment or otherwise used in the wastewater treatment plant process.
   RECEIVING STREAM. The watercourse, stream or body of water receiving the water finally discharged from the wastewater treatment plant.
   RECOVERED AMOUNTS. The federal grant amounts awarded to the Town of Otterbein, Indiana under EPA Project No. C180814-02 allocable to the treatment of wastes from industrial users and which must be recovered from such users by the town during the recovery period.
   RECOVERY PERIOD. The period of time during which the federal grant amount awarded to the Town of Otterbein, Indiana under EPA Project No. C180814-02, allocable to the treatment of wastes from industrial users is recovered from the industrial users of such works; and the recovery period for EPA Project No. C180814-02 is hereby set for 30 years commencing one year after the final project inspection and approval by EPA.
   REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
   RETAINED AMOUNTS. Fifty percent of recovered amounts of EPA Project No. C180814-02 to be retained by the Town of Otterbein and used as follows: “Trust Funds” - 80% of retained amounts including any interest earned thereon shall by placed in a bank account separate and apart from all other town funds and shall be used by the town solely for eligible costs of future reconstruction and expansion of treatment works, and no amount of the trust funds shall be expended by the town without prior written approval of the Regional Administrator, Region V, Environmental Protection Agency.
   SANITARY SEWAGE. The discharge from sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions; free from storm and surface water and industrial wastes.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
   SERVICE LIFE. The period of time during which a component of a wastewater treatment works will be capable of performing a function; and the maximum life components constructed under EPA Project No. C180814-02 are hereby set as follows:
      (1)   Real property: 50 years commencing from 8-1-1978;
      (2)   Process equipment: 30 years commencing from 8-1-1978; and
      (3)   Auxiliary equipment: 15 years commencing from 8-1-1978.
   SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
   SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
   SEWAGE WORKS. See WASTEWATER WORKS.
   SEWER. A pipe of conduit laid for carrying wastewater or other liquids.
   SEWER CHARGES. See WASTEWATER CHARGES.
   SEWERAGE SYSTEM. The network of publicly owned sewers and appurtenances used for collecting, transporting and pumping wastewater to the wastewater treatment plant.
   STORM SEWER. A sewer which carries storm, surface and ground water drainage but excludes wastewater.
   STRENGTH-OF-WASTES SURCHARGE. The extra user charges for sewerage service assessed users whose sewage is of such a nature that it imposes upon the sewage works a burden greater than that covered by the basic user charges.
   SUPERINTENDENT. The administrative head of the department and/or the appointed representative of the Town Council.
   SURCHARGES. A charge for sewerage services in addition to the basic user and debt service charges.
   SUSPENDED SOLIDS. Solids, which either float on the surface of or are in suspension in water, sewage or other liquid, which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
   TOWN. The Town of Otterbein, Indiana.
   TOWN COUNCIL. The administrative governing body of the public utilities of the Town of Otterbein.
   USER. Any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
   USER CLASSES. Each recipient of municipal wastewater treatment services shall be either in the industrial class or the non-industrial class (including domestic, commercial, institutional and governmental). The Industrial Class may include any user as determined by the Town Council, identified in the Standard Industrial Classification Manual of 1972, Office of Management and Budget, as amended and supplemented, under the following divisions: Division A - Agriculture, Forestry and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communication, Electric, Gas and Sanitary Services; and Division I - Services. The Non-Industrial Class shall include all domestic and governmental users and those industrial, commercial and institutional users whose wastes are segregated domestic waste or wastes are those waters generated by normal domestic activity as determined by the Town Council.
   WASTE. Includes sanitary sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or form any producing, processing, manufacturing or industrial operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.
   WASTEWATER. The water-carried waste 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.
   WASTEWATER CHARGES. The sewer charges shall be comprised of the user charge and a separate amount for debt service and user charges shall mean a system of charges levied on users of a treatment works for the cost of operation and maintenance (including replacement) of such works. In addition, each user shall pay an amount sufficient to pay principal and interest (debt service) on any revenue bonds, payable from the revenues of the sewage works, proportional to the equipment and real property necessary for wastewater treatment for each user. The method of computing the initial user charge and debt service charge is contained in a report prepared by McCullough & Associates, Public Accountants, Indianapolis, Indiana and is incorporated as a part hereof. Prior to May 1, of each year, the Clerk-Treasurer shall prepare and present to the Town Council an accounting of operation and maintenance expenses, replacement costs and debt service for the immediately preceding year, and the Town Council shall, upon receiving said accounting, effect any change in the monthly sewer charges necessary to produce revenue proportionate to costs for each year.
   WASTEWATER WORKS. Sewers, wastewater treatment plant, sewerage system and any associated structures or equipment.
   WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
   WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used by the town for treatment and disposing of sewage and sludge.
   WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
   WATERS OF THE STATE. Any water, surface or underground, within the boundaries of the state, except confined waters in sewers, tanks and the like.
(2008 Code, § 2.1.2)