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 Director in an NPDES state with an approved state pretreatment program and the Administrator of the DPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. An authorized representative of an industrial user may be: a principal executive officer of at least the level of Vice President, if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or 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.
BIOCHEMICAL OXYGEN DEMAND (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 (milligrams per liter (mg/l).
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS. National Categorical Pretreatment Standards.
CONTROL AUTHORITY. The Approval Authority, as defined hereinabove; or the Superintendent, if the town 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.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the State of North Carolina.
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 said agency.
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.
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).
INTERFERENCE. The inhibition or disruption of the POTW treatment or processes or operations which contributes to a violation of any requirement of the town’s NPDES 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.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) and the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OF NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of § 307(b) of the Act and 40 C.F.R. § 403.5.
NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (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 that 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.
PERSON.
(1) Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or its legal representatives, agents or assigns.
(2) The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
POLLUTANT. Any dredge 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 discharge into water.
POTW TREATMENT PLANT. The portion of the POTW designed to provided treatment to wastewater.
PRETREATMENT or TREATMENT.
(1) The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature 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.
(2) 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 an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW).
(1) A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the town.
(2) This definition 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.
(3) For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the town who are, by contract or agreement with the town, users of the town’s POTW.
SHALL. Mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER. Any industrial user of the town’s wastewater disposal system who: has a discharge flow of 25,000 gallons or more per average work day; has a flow greater that 5% of the flow in the town’s wastewater treatment system; or has in his or her wastes toxic pollutants as defined pursuant to § 307 of the Act of state statutes and rules; or is found by the town, State Control Agency or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality or air emissions generated by the system.
STATE. The State of North Carolina.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT. The person designated by the town to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his or her duly authorized representative.
SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOWN. The Town of Rutherford College or the Town Council of Rutherford College.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA § 307(a) or other Acts.
USER. Any person who contributes, causes or permits the contribution of wastewater into town’s POTW.
WASTEWATER. The liquid- and water-carried industrial or domestic wastes form dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
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.
(1979 Code, § R-1-2) (Ord. passed 11-19-1984)