§ 52.003 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
   APPROVAL AUTHORITY. The Secretary of the State Natural Resources and Environmental Protection Cabinet or an authorized representative thereof.
   AUTHORIZED REPRESENTATIVE OF THE COMMISSION OR THE CITY. Any person designated by the Commission or city to act on its behalf.
   AUTHORIZED REPRESENTATIVE OF A USER. An authorized representative of a user may be:
      (1)   A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
      (2)   A general partner or proprietor if the user is a partnership or proprietorship, respectively; or
      (3)   A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
   AVAILABLE. As AVAILABLE applies to a public sewer, it means a public sewer located at the property line or point at which connection may be made with the sanitary sewage collection facilities.
   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20°C expressed in terms of weight and concentration in milligrams per liter.
   BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
   BUILDING SEWER or HOUSE CONNECTION. The extension from the building drain to the public sewer or other place of disposal.
   BUILDING SEWER PERMIT. As set forth in §§ 52.055 through 52.061.
   CATEGORICAL STANDARDS. National Categorical Pretreatment Standards or Pretreatment Standard. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
   CITY. The City of Pineville; its City Council or Commission; or the Municipal Utility Commission or any other board or entity having responsibility for the POTW.
   COMBINED SEWER. Any conduit carrying both sanitary sewage and stormwater or surface water.
   COMMISSION. The Municipal Utility Commission (see §§ 35.035 through 35.050).
   COMPATIBLE POLLUTANT. Biochemical oxygen demand, suspended solids and fecal coliform bacteria, as well as any additional pollutants identified in the POTW’s NPDES/KPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW’s NPDES/KPDES permit.
   COMPOSITE WASTEWATER SAMPLE. A combination of individual samples of water or wastewater taken at selected intervals, generally hourly for some specified period, to minimize the effect of variability on the individual sample. Individual samples may have equal volume or may be proportioned to the flow at the time of the sampling.
   CONTROL AUTHORITY. Refers to the approval authority or the Municipal Utility Commission if the city has an approved pretreatment program under the provisions of 40 C.F.R. § 403.11.
   COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
   COUNTY HEALTH DEPARTMENT. The Health Department for Bell County.
   DEBT SERVICE CHARGES. Charges levied on users of the sewage treatment system to support the annual debt service obligations of the system.
   DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
   EASEMENT. An acquired legal right for the specific use of land owned by others.
   ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the Administrator or other duly authorized official of EPA.
   EQUIPMENT. All movable, nonfixed items necessary to the wastewater treatment process.
   EXCESSIVE STRENGTH SURCHARGES. The charges levied on users of the sewage treatment system whose contribution contains biochemical oxygen demand (BOD), suspended solids (SS), or ammonia nitrogen (NH 3 -N) in concentrations which exceed limits specified herein for such pollutants and who are permitted to make   such contributions to the system by decision of the Superintendent of the sewer system.
   FEDERAL PRETREATMENT STANDARDS. Federal regulations for pretreatment of industrial wastewater under 40 C.F.R. parts 307, 402, 403, 405, and other applicable regulations, as amended.
   FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of FLOATABLE OIL if it is properly pretreated and the wastewater does not interfere with the proper operation of the collection system.
   GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
   GRAB SAMPLE. A sample which is taken from a waste stream on a one time basis with no regard to the flow in the waste stream and without consideration of time.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
   INCOMPATIBLE POLLUTANT. All pollutants other than “compatible pollutants” as defined above.
   INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).
   INDUSTRIAL USER. A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
   INDUSTRIAL WASTES. The wastewater from industrial or commercial processes as distinct from domestic or sanitary wastes.
   INTERCEPTOR. A device designed and installed so as to separate and retain deleterious, hazardous, or undesirable matter from normal wastes while permitting normal sewage or liquid wastes to discharge into the sewer system or drainage system by gravity. INTERCEPTOR as defined in this section is commonly referred to as a grease, oil, or sand trap.
   INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations, or anything which contributes to a violation of any requirement of the Commission’s NPDES/KPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW.
   MANAGER. The person employed by the Municipal Utility Commission as Manager of the entire municipal water or sewer system, or his or her authorized deputy, agent, or representative.
   MAXIMUM DAILY CONCENTRATION. The maximum concentration of a pollutant based on the analytical results obtained from a 24-hour composite sample.
   MULTI-UNIT SEWER CUSTOMER. A location served where there are two or more residential units or apartments, two or more businesses in the same building or complex, or where there is any combination of business and residence in the same building or complex.
   NATIONAL OR STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES/KPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1332), or a permit issued by the state under this authority and referred to as KPDES.
   NATURAL OUTLET. Any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surfacewater or groundwater.
   NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) of the Act (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.
   NH3-N (denoting ammonia nitrogen). The quantity of ammonia in the wastewater, sewage, or other liquids, as measured by standard laboratory test, and expressed in terms of equivalent nitrogen, in units of milligrams per liter.
   NORMAL DOMESTIC WASTEWATER. Wastewater that has a BOD concentration of not more than 250 mg/l; an SS concentration of not more than 300 mg/l; and an NH3-N of not more than 25 mg/l.
   OPERATION AND MAINTENANCE. Those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for management and operation of the system according to its design and construction. The term includes REPLACEMENT.
   pH. The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
   POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water.
   POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
   PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 C.F.R. § 403.6(d).
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on a significant user.
   PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of 307(b) of the Act and 40 C.F.R. § 403.(5).
   PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
   PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the city. PUBLICLY OWNED TREATMENT WORKS includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.
   PUBLIC SEWER. A common sewer controlled by a governmental agency or public utility. In general, PUBLIC SEWER shall include the main sewer in the street and the service branch to the curb or property line, or a main sewer on private property and the service branch to the extent of ownership by public authority.
   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.
   SANITARY OR DOMESTIC WASTES. The liquid- and water-carried wastes from residences, commercial buildings, and institutions, as distinct from industrial waste.
   SANITARY SEWER. A sewer that carries liquid- and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
   SEWAGE or WASTEWATER. The spent water of a community. Domestic or sanitary waste shall mean the liquid- or water-carried wastes from residences, commercial buildings, and institutions, as distinct from industrial sewage.
   SEWAGE SYSTEM OR WORKS. All facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge, namely the sewerage system and the POTW.
   SEWER. A pipe or conduit that carries wastewater or drainage water.
   SEWER SERVICE CHARGES. Charges levied on all users who discharge, cause, or permit the discharge of sewage into the public wastewater treatment system.
   SIGNIFICANT USER. Any user of the wastewater disposal system who:
      (1)   Has a discharge flow of 25,000 gallons or more per average work day;
      (2)   Has a flow greater than 5% of the flow in the city’s wastewater treatment system;
      (3)   Has in his or her wastes toxic pollutants as defined pursuant to § 307 of the Act or state statutes and rules; or
      (4)   Is found by the city, State Control Agency, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.
   SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flow rate during normal operation or adversely affects the POTW.
   STANDARD INDUSTRIAL CLASSIFICATION or SIC. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, U.S. Bureau of the Budget, 1972.
   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 Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record 40 C.F.R. part 136.
   STORM DRAIN or STORM SEWER. A drain or sewer for conveying water, groundwater, surface water, or unpolluted water from any source.
   STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SURCHARGE. A charge for services in addition to the basic sewer service and debt service charges.
   SUSPENDED SOLIDS or TSS. Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, latest revision, and referred to as nonfilterable residue.
   TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA § 307(a) or other Acts.
   TREATMENT WORKS. Any devices and system for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.
   UNPOLLUTED WATER. Water of quality equal to or better than the treatment works effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
   USEFUL LIFE. The estimated period during which a treatment works will be operated.
   USER. Any person who contributes, causes, or permits the contribution of wastewater into the POTW.
   USER CHARGE. The charge levied on users of the wastewater treatment system to onset the cost of operations and maintenance of the system, including normal replacement costs.
   WASTEWATER. The spent water of a community.
   WASTEWATER CONTRIBUTION PERMIT. As set forth in § 52.076.
   WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
   WASTEWATER FLOWMETER. A device which measures the volume of wastewater flows.
   WASTEWATER TREATMENT WORKS. An arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with WASTE TREATMENT PLANT, WASTEWATER TREATMENT PLANT, WATER POLLUTION CONTROL PLANT, or SEWAGE TREATMENT PLANT. (See also TREATMENT WORKS.)
   WATER METER. A water volume measuring and recording device.
   WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
   WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(1995 Code, § 52.002) (Ord. passed 1- -1987; Ord. passed 4-6-1993)