§ 51.006  DEFINITIONS.
   (A)   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 Regional Administrator of the United States Environmental Protection Agency.
      APPROVED METHODS. The approved methods for pollutant sampling and analysis described in the latest revision of 40 C.F.R. part 136. If 40 C.F.R. part 136 does not contain sampling or analytical techniques for a particular pollutant, sampling and analysis for the pollutant must be performed in accordance with procedures approved by the United States Environmental Protection Agency.
      AUTHORIZED REPRESENTATIVE. When used in this chapter, means the person authorized to act on behalf of a person discharging wastewater to the POTW or its authorized designee; more particularly, the term shall mean:
         (a)   In the case of a corporation, the president, vice president, secretary, manager or other
corporate officer authorized to act on behalf of the corporation;
         (b)   In the case of a partnership, a general partner;
         (c)   In the case of a sole proprietorship, the proprietor thereof;
         (d)   In the case of a federal, state or local government facility, the director or highest official appointed or designated to oversee the operations of the facility; or
         (e)   The authorized designee of a person described above.
      BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter as determined by standard laboratory procedures for five days at 20°C expressed as a concentration in milligrams per liter (mg/l).
      CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency in accordance with § 307(b) and (c) of the Act which apply to a specific category of persons discharging industrial waste to the POTW or sanitary sewer and which appear in 40 C.F.R. chapter I, subchapter N, parts 405 through 471.
      CHEMICAL OXYGEN DEMAND or COD. The measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant as determined by standard laboratory procedures as specified in Standard Methods expressed as milligrams per liter (mg/l).
      CITY. The City of Sunset Valley, Texas.
      COD. See CHEMICAL OXYGEN DEMAND.
      COMMINUTED GARBAGE. Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in sanitary sewers, with no particle greater than one-half inch in any dimension.
      COMPOSITE SAMPLE. The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either flow or time.
      COOLING WATER. The water discharged from any system of condensation, such as air conditioning, cooling and refrigeration systems.
      DAILY AVERAGE LIMIT. A discharge limit based on the average of the analysis results of all samples taken from an industrial waste source over the course of the operating day.
      DAY. One 24-hour calendar day unless otherwise specified.
      DIRECTOR. The Director of Public Works or his or her authorized designee.
      DISCHARGE. To deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.
      DRAINAGE WATER. Storm water; surface water; roof run-off water; drainage from downspouts; water from yard drains; water from foundations and ponds; water from lawn sprays, rainwater leaders and areaways; overflows from cisterns and water tanks; swimming pool water; and swimming pool filter backwash water.
      ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States Environmental Protection Agency.
      EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards which will be applicable to the source if the standard is thereafter promulgated in accordance with § 307 of the Act.
      EXTRA STRENGTH WASTEWATER. Wastewater having a suspended solids (SS), chemical oxygen demand (COD) or biochemical oxygen demand (BOD) content in excess of that found in normal waste, but which is otherwise acceptable for discharge to the POTW in accordance with the requirements of this chapter.
      GARBAGE. Solid waste from domestic or commercial preparation, cooking, dispensing or manufacturing of food or from the handling, storage and sale of produce.
      GENERATOR. A person who causes, creates, generates, stores or otherwise produces liquid waste, excluding a person storing liquid waste in a mobile tank or fixed storage tank for temporary storage.
      GRAB SAMPLE. A single sample taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
      GREASE TRAP. A receptacle, structure or mechanical device used by a generator to intercept, collect, separate and restrict the passage of free and emulsified fat, oil, grease, organic, inorganic, greasy or fatty liquid, semi-liquid, semi-solid or solid waste from wastewater prior to discharge to the POTW.
      GREASE TRAP WASTE. Free and emulsified fat, oil, grease organic, inorganic, greasy or fatty liquid, semi-liquid, semi-solid or solid waste collected by and removed from a grease trap.
      GRIT TRAP. A receptacle, structure or mechanical device used by a generator to intercept, collect, separate and restrict the passage of petroleum-based oil and grease waste, and inorganic or other solids or semi-solids from wastewater prior to discharge to the POTW.
      GRIT TRAP WASTE. Petroleum-based oil and grease waste and inorganic or other solids and semi-solids collected by and removed from a grit trap.
      GROUND WATER. Subsurface and subsoil water; artesian well water; water from ground water remediation sites; and subsurface leachates captured from municipal landfills.
      HOLD-HAUL TANK. A storage tank installed to hold industrial waste that is prohibited from being discharged to the POTW, the contents of which must be hauled to a disposal site. A HOLD-HAUL TANK shall not be connected to the sanitary sewer.
      INDIRECT DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source regulated under § 307(b), (c) or (d) of the Act.
      INDUSTRIAL WASTE. Any amount of liquid waste and waterborne liquid, gaseous and solid substances discharged or disposed of from any industrial, manufacturing, trade or commercial establishment including nonprofit organizations, governmental agencies or business activities. The term shall not include sewage discharged from sanitary conveniences on the premises unless the sewage is commingled with wastewater containing industrial waste or other prohibited waste.
      INSTANTANEOUS MAXIMUM ALLOWABLE LIMIT. The maximum concentration or loading of an allowable pollutant, determined from the analysis of a discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
      INTERFERENCE. A discharge which, alone or in conjunction with a discharge from other sources, inhibits or disrupts the POTW, its treatment processes or operations or the processing, use or disposal of sludge; and therefore is a cause of a violation of the city’s permit or of the City of Austin’s NPDES permit, or of the prevention of sewage sludge use or disposal in compliance with the terms of any of the following statutory provisions, or regulations or permits issued thereunder, or more stringent state or local regulations: § 405 of the Act, the federal Solid Waste Disposal Act, including, without limitation, Title II thereof commonly referred to as the Resource Conservation and Recovery Act (“RCRA”), any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
      MEDICAL WASTES. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
      MONTHLY AVERAGE LIMIT. A discharge limit based on the average of the analysis results of all samples taken during a calendar month using approved methods for both sampling and analysis.
      MUNICIPAL USER. A political subdivision or municipal corporation that discharges wastewater to the POTW.
      NEW SOURCE. The following for purposes of this chapter:
         (a)   Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is commenced after the publication of the proposed pretreatment standards under § 307(c) of the Act which will be applicable to the source if the standards are thereafter promulgated in accordance with that section; provided that:
            1.   The building, structure, facility or installation is constructed at a site at which no other source is located;
            2.   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
            3.   The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
         (b)   Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of divisions (a)2. or 3. above, but otherwise alters, replaces or adds to existing process or production equipment; and
         (c)   Construction of a NEW SOURCE, as defined herein, has commenced if the owner or operator has:
            1.   Begun or caused to begin as part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment;
            2.   Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or
            3.   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.
      NONCONTACT COOLING WATER. Water used for cooling that does not come into contact with any raw material, intermediate product, waste product or finished product.
      NORMAL WASTEWATER. Waste which, when analyzed, indicates that:
         (a)   The concentration of BOD in the waste will not exceed 200 milligrams per liter (mg/l) average over any 24-hour period or will not contribute BOD at a rate which would exceed 1,668 pounds of BOD per million gallons of wastewater per day;
         (b)   The concentration of suspended solids (SS) in the water will not exceed 200 milligrams per liter (mg/l) average over any 24-hour period or will not contribute suspended solids at a rate which would exceed 1,668 pounds of suspended solids per million gallons of wastewater per day; or
         (c)   The concentration of COD in the waste will not exceed 450 milligrams per liter (mg/l) average over any 24-hour period or will not contribute COD at a rate that would exceed 3,735 pounds of COD per million gallons of wastewater per day.
      OTHER WASTE. Solid or viscous substances such as, but not limited to, ashes, cinders, sand, concrete, mud, straw, shavings, metal, glass, rags, feathers, tar, asphalt, plastics, rubber, rubber products, wood, whole non-human blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, carbide wastes, slops, chemical residues, paint residues, asbestos, bulk solids, grass clippings or tree trimmings.
      OWNER or OCCUPANT. When used in this chapter, the person who owns real property or pays or is legally responsible for payment of water and/or wastewater charges made against a plot, parcel of land, building, office or other real property or premises, if connected to the water distribution system and/or the wastewater collection system maintained by the city, or who should pay or be legally responsible for the payment if so connected.
      PASS THROUGH. A discharge that exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s permit or of the City of Austin’s NPDES permit, including an increase in the magnitude or duration of a violation.
      PERMIT. Any permit issued to the city by the City of Austin allowing the discharge of wastewater into the City of Austin’s POTW. If the City of Austin has issued more than one permit, the term PERMIT shall include all permits. The term PERMIT shall also include any extension, renewal, revision, amendment or modification thereof.
      PERSON. Any individual, association, firm, trust, partnership, corporation, joint-stock company, joint venture, court appointed receiver or conservator, consortium or any other legal or commercial entity; any group of the foregoing, organized or united for a business purpose; or any governmental agency or entity or political subdivision.
      pH. A measure of the acidity or alkalinity of a solution expressed in standard units.
      POLLUTANT. A substance that alters the physical, thermal, chemical, radiological or biological quality or properties of water or that contaminates water to the extent that the water is rendered harmful to humans, animal life, vegetation or property or to the public health, safety or welfare or that impairs the usefulness or public enjoyment of the water for any lawful purpose including, but not limited to, dredged soil, solid waste, incinerator residue, swimming pool filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials,  radioactive materials, heat, wrecked or discarded equipment, appliances or manufactured goods, rock, sand, dirt, municipal, agricultural and industrial waste and certain characteristics of wastewater (e.g., pH, temperature, suspended solids, turbidity, color, BOD, COD, toxicity or odor).
      POLLUTION. Alteration of the physical, thermal, chemical, radiological or biological quality of, or contamination of any water to the extent that the water is rendered harmful, detrimental or injurious to humans, animal life, vegetation or property or to the public health, safety or welfare, or that impairs the usefulness of the water for any lawful or reasonable purpose.
      POTW. See PUBLICLY OWNED TREATMENT WORKS.
      PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the properties of pollutants in wastewater prior to, or in lieu of, introducing the pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
      PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a person discharging wastewater to the POTW other than a pretreatment standard.
      PRETREATMENT STANDARD(S). Prohibited discharge standards, categorical pretreatment standards and local limits.
      PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Those prohibitions against the discharge of certain substances contained in this chapter.
      PROHIBITED WASTE. Any waste prohibited from discharge to the POTW, except in accordance with the provisions of this chapter.
      PUBLICLY OWNED TREATMENT WORKS or POTW. A “treatment works”, as defined by § 212 of the Act that is owned by the city or that the city has secured the right to discharge into by contract, permit or otherwise. This definition includes, without limitation, any and all pipelines, equipment, devices or systems used, alone or in combination, for the collection, conveyance, storage, treatment, recycling and reclamation of wastewater, sewage or industrial waste.
      RECEIVING STREAM. The waterway into which a wastewater treatment plant operated by the city discharges treated effluent or, the waterway into which a wholesale wastewater provider with whom the city has contracted for wholesale wastewater transportation and treatment services discharges treated effluent.
      SANITARY CONVENIENCE. Any plumbing fixture (except for a food waste disposal unit) not required to have a sand and/or grease trap (interceptor) according to provisions of the Plumbing Code.
      SANITARY SEWER. A pipe or conduit owned, controlled or subject to the jurisdiction of the city, designed to collect and transport wastewater.
      SEPTIC TANK WASTE. Sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
      SEWAGE. Water which contains, or which has been in contact with, organic and inorganic contaminants such as human or animal wastes, vegetable matter, cooking fats and greases, laundry and dishwashing detergents and other chemical compounds and waste products.
      SEWER SYSTEM. All of the property involved in the operation of a sanitary sewer utility. It includes land, wastewater lines and appurtenances, pumping stations, treatment works, wastewater treatment plants and general property.
      SIGNIFICANT INDUSTRIAL USER or SIU.
         (a)   A person subject to categorical pretreatment standards;
         (b)   A person that either:
            1.   Discharges an average of 25,000 gallons per day or more of process water to the POTW (excluding sewage from sanitary conveniences, noncontact cooling water and boiler blowdown wastewater);
            2.   Contributes a process wastestream that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
            3.   Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the operation of the POTW or for violating any pretreatment standard or requirement.
         (c)   Provided, however, that, upon a finding that a person meeting the criteria in division (b) above has no reasonable potential for adversely affecting the operation of the POTW or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from the person, and in accordance with the procedures in 40 C.F.R. § 403.8(f)(6), determine that the user should not be considered a significant industrial user.
      SIU. See SIGNIFICANT INDUSTRIAL USER.
      SLUG LOAD or SLUG. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards established in this chapter.
      STANDARD INDUSTRIAL CLASSIFICATION. A classification pursuant to the Standard Industrial Classification Manual issued by the Office of Management and Budget.
      STORM SEWER. Any sewer owned, controlled or subject to the jurisdiction of the city designed to carry storm and surface water, street wash and drainage water.
      SURCHARGE. The additional sewerage service charge levied against any person for discharging extra strength wastewater into a sanitary sewer. This charge is intended to defray the added cost of sampling, testing, transporting and treating extra strength wastewater. This charge shall be in addition to the usual monthly charge for wastewater service.
      SUSPENDED SOLIDS or SS. The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquid which is removable by laboratory filtering expressed in milligrams per liter.
      TREATMENT PLANT UPSET. An inhibition, impairment or disruption of a wastewater treatment plant, its treatment processes or operations, or its sludge processing, use or disposal which is a cause of or significantly contributes to:
         (a)   A violation of any requirement of the treatment plant’s NPDES permit (including an increase in the magnitude or duration of a violation);
         (b)   The prevention of sewage sludge use or disposal by the treatment plant in accordance with all applicable federal and state laws and regulations and this code and any other applicable ordinances of the city;
         (c)   A decrease in the quality of the effluent being discharged from the treatment plant; or
         (d)   A decrease in the performance of the treatment plant processes or operations.
      USER or INDUSTRIAL USER. A source of indirect discharge.
      WASTE. One or more pollutants.
      WASTEWATER. All liquids and waterborne waste, drainage water and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated.
      WASTEWATER DISCHARGE PERMIT. A permit issued by the Director authorizing the discharge of wastewater to the POTW in accordance with the terms and conditions of the wastewater discharge permit and this chapter.
      WASTEWATER TREATMENT PLANT. Any arrangement of devices or structures used for treating wastewater.
      WATERCOURSE. Any natural or artificial channel for the passage of water.
   (B)   The meaning of all terms used in this chapter that are not defined above shall be as defined in Title 40 of the Code of Federal Regulations.
(Ord. 970318A, passed 3-18-1997)