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 State of Arkansas or the State Industrial Pretreatment Coordinator.
      (1)   If the user is a corporation:
         (a)   The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or
         (b)   The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
      (2)   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
      (3)   If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee;
      (4)   The individuals described in divisions (1) through (3) above may designate another authorized representative if the authorization:
         (a)   Is in writing;
         (b)   The authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company; and
         (c)   The written authorization is submitted to the Control Authority.
   BEST MANAGEMENT PRACTICES. Specific procedures developed by the Control Authority to be implemented by individual businesses, designed to reduce the loading of a particular pollutant of concern.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C, usually expressed as a concentration in milligrams per liter (mg/L).
   BUILDING DRAIN. That part or 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 (1.5 meters) outside the inner face of the building wall.
   BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
   CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U S.C. 1317) which apply to a specific category of users and which appear in 40 C.F.R. Chapter I. Subchapter N, Parts 405-471.
   CITY BUILDING INSPECTOR. That person or his/her delegated representative employed by the city whose responsibility is to enforce compliance within the city's planning area of all building codes.
   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, as specified by the Control Authority.
   CONTROL AUTHORITY. The Tontitown Water and Sewer Commission. The Commission may delegate its powers to its authorized representative, and to the extent it does, this definition shall include any designated representative.
   ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or its authorized representative.
   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 such source if the standard is hereafter promulgated in accordance with Section 307 of the Act.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   GRAB SAMPLE. An individual sample collected over a period of time not to exceed 15 minutes.
   INDIRECT DISCHARGE or DISCHARGE.  The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
   INDUSTRIAL USER. A user that discharges nondomestic wastewater into the POTW.
   INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
   INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any 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 or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations, or its biosolids (sludge) processes, use, or disposal. Such discharges include but are not limited to discharges which cause a violation of the city NPDES permit or the prevention of biosolids (sludge) use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state biosolids (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.
   MAY. Discretionary or permissive.
   MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued to a POTW or other discharger pursuant to Section 402 of the Act.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
      (1)   Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307 (c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building structure, facility, or installation is constructed at a site at which no other source is located; or
         (b)   The building, structure, facility, or installation totally replaces the processor production equipment that causes the discharge of pollutants at an existing source; or
         (c)   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 integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
      (2)   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 above but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined herein has commenced if the owner or operator has:
         (a)   Begun, or caused to begin as part of a continuous onsite construction program:
            (i)   Any placement, assembly, or installation of facilities or equipment; or
            (ii)   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
         (b)   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 division.
   NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   PASS THROUGH. A discharge which 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 or has the potential to cause a violation of any requirement of the Control Authority's NPDES permit (including an increase in the magnitude or duration of a violation).
   PERSON. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.
   pH. A measure of the acidity or alkalinity of a substance, expressed in standard units.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, biosolids (sludge), munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and certain characteristics of the wastewater [e.g. pH, TSS, turbidity, color, BOD, Chemical Oxygen Demand (COD), toxicity, or odor].
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such 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, other than a pretreatment standard, related to pretreatment and imposed on a user.
   PRETREATMENT STANDARDS or STANDARDS. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
   PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Prohibitions against the discharge of certain substances; these prohibitions appear in this chapter.
   PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is owned and operated by the Control Authority.
   PUBLICLY OWNED TREATMENT WORKS (POTW). A "treatment works," as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the Control Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
   SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
   SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   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. All facilities for collecting, pumping, treating, and disposing of sewage.
   SEWER. A pipe or conduit for carrying sewage.
   SHALL. Mandatory.
      (1)   A user subject to categorical pretreatment standards; or
      (2)   A user that:
         (a)   Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
         (b)   Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as such by the Control Authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
      (3)   Upon a finding that a user meeting the criteria in division (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from a user [and in accordance with procedures in 40 C.F.R. 403.8 (f) (6)] determine that such user should not be considered a 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 in this chapter or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge.
   STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   STATE. State of Arkansas.
   STORM DRAIN. A pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. (Sometimes termed “storm sewer”.)
   STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   TOTAL SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
   TREATMENT PLANT’S EFFLUENT. The discharge from the POTW into the receiving stream.
   USER. Any person who contributes or permits the contribution of wastewater into the POTW.
   WASTE WATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions.
   WASTE WATER TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
   WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)