929.07 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory, while the word "may" is permissive.
   (1)    "Accrued reserves" means a method of keeping accounts of the segregated resources over several years to determine the funds available to offset capital expenditures to maintain an on-going, on-line waste treatment facility.
   (2)    "Act" means the Clean Water Act (33 U.S.C. 1251 et seq., as amended).
   (3)    "Administrator" means the Regional Administrator of Region V of the U.S. Environmental Protection Agency.
   (4)    "Audit" means an audit as a separate report from other funds and shall cover the following:
      A.    Financial operations are properly conducted;
      B.    Financial reports are presented fairly;
      C.    Applicable laws and regulations have been complied with; .
      D.    Resources are managed and used in an economical and efficient manner; and
      E.    Desired results and objectivesare being achieved in a financially effective manner.
   (5)    "Authorized expenditures" means those expenditures authorized by the Village and made payable from the accounts kept for the expenditures of the user/ charge system. Expenditures from the reserve funds shall be limited to those for which the fund was created.
   (6)    "Billable Biochemical Oxygen Demand (BOD)" means a user's loading in pounds of BOD calculated using the billable flow and concentration of BOD in the waste as determined by the Village Administrator. Minimum waste strength of BOD shall be the domestic waste concentration of 200 milligrams per liter. (Ord. 84-14. Passed 6-4-84.)
   (7)    "Billable flow" means a user's recorded monthly water usage as metered by the appropriate water utility, plus metered water from wells and other sources, and less any sewer-exempt metered data. Residential users on unmetered wells and users with no history of billable flow shall have their billable flow estimated by averaging the billable flow of other residential users of the same class. Users who use master sewage meters shall have their billable flow based on the recorded flow through such meters. (Ord. 92-6. Passed 5-11-92.)
   (8)    "Billable Total Suspended Solids (TSS)" means a user's loading in pounds of TSS calculated using the billable flow and concentration of TSS in the waste as determined by the Village Administrator. Minimum waste strength of TSS shall be the domestic waste concentration of 250 milligrams per liter.
   (9)    "Biochemical Oxygen Demand (BOD)" means the quantity of oxygen, expressed in milligrams per liter (mg/1), utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees Centigrade. (Ord. 84-14. Passed 6-4-84.)
   (10)    "Board" means the Board of Public Affairs or the Village Administrator.
      (Ord. 88-27. Passed 10-8-88.)
   (11)    "Building drain - sanitary" means that part of the lowest horizontal piping of a drainage system which receives sanitary or industrial sewage only and is located inside the walls of a building and conveys the sewage to the building sewer, which begins five feet outside the building wall.
   (12)    "Building drain - storm" means that part of the lowest horizontal piping of a drainage system which receives stormwater or other clearwater discharge, but receives no wastewater from sewage or other drainage pipes, and is located inside the walls of a building and conveys the sewage to the building sewer, which begins five feet outside the building wall.
   (13)    "Building sewer - sanitary" means the extension from the building drain to the public sewer or other place of disposal and conveys only sanitary or industrial sewage. This is also known as a house connection.
   (14)    "Building sewer - storm" means the extension from the building drain to the public sewer or other place of disposal and conveys stormwater or other clearwater drainage, but no sanitary or industrial sewage. This is also known as a house connection.
   (15)    "Classes of users" means the division of wastewater treatment customers by waste characteristics and process discharge similarities or function, such as residential, commercial, institutional, industrial or governmental.
   (16)    "Collection sewer" means a sewer whose primary purpose is to collect wastewaters from individual point source discharges.
   (17)    "Combined sewage" means a combination of both wastewater and storm or surface water.
   (18)    "Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
   (19)    "Commercial user" means, for the purpose of the user charge system, a user engaged in the purchase or sale of goods or in a transaction or business or who otherwise renders a service.
   (20)    "Compatible pollutant" means BOD, suspended solids (SS), pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit, if the publicly-owned treatment works was designed to treat such pollutants and, in fact, does remove them to a substantial degree.
   (21)    "Conveyance". See Interceptor Sewer.
   (22)    "Debt service charge" means a charge levied on certain users of waste treatment works for the cost of capital improvements of such facilities.
   (23)    "Deposited" means placing funds in control of the Clerk-Treasurer, and, if such deposit is in the form of a bank check, deposit shall not be deemed collected within this definition until the applicable rules of the banks' collection procedures are fulfilled.
   (24)    "Dissolved solids" means that concentration of matter in the sewage consisting of colloidal particulate matter one micron in diameter or less, and both organic and inorganic molecules and ions present in solution.
   (25)    "Domestic level user or residential user" means, for the purposes of the user charge system, a user whose premises or building is used primarily as a domicile for one or more persons and whose wastes originate from the normal living activities of its inhabitants.
   (26)    "Easement" means an acquired legal right, less than fee simple, for the specific use of land owned by others.
   (27)    "Fecal coliform" means any number of organisms common to the intestinal tract of man and animals whose presence in sanitary sewage is an indicator of pollution.
   (28)    "Floatable oil" means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in a pretreatment facility approved by the Village Administrator.
   (29)    "Force main" means a pipe in which wastewater is carried under pressure.
   (30)    "Garbage" means solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the commercial handling, storage and sale of produce.
   (31)    "Governmental user" means any Federal, State or local governmental user of the wastewater treatment system. This definition shall include County or Regional sewer districts.
   (32)    "Incompatible pollutant" means any nontreatable waste product including nonbiodegradable dissolved solids.
   (33)    "Industrial user" means:
      A.    Any nongovernmental, nonresidential user of the treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
         Division A.   Agriculture, Forestry and Fishing.
         Division B.   Mining.
         Division D.   Manufacturing.
         Division E.   Transportation, Communications, Electric, Gas and Sanitary Services.
         Division I.   Services.
      B.    Any nongovernmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or to interfere with any sewage treatment process or which constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
   (34)    "Infiltration" means the water unintentionally entering the public sewer system, including sanitary building drains and sewers, from the ground through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
   (35)    "Infiltration/inflow" means the total quantity of water from both infiltration and inflow without distinguishing the source.
   (36)    "Inflow" means the water discharge into a sanitary sewer system, including building drains and sewers, from such sources as, but not limited to: roof leaders; cellar, yard and area drains; foundation drains; unpolluted cooling water discharges; drains from springs and swampy areas; manhole covers; cross connections from storm sewers and/or combined sewers; catch basins; storm waters; surface runoff; street wash waters, or drainage. Inflow does not include, and is distinguishable from, infiltration.
   (37)    "Institutional user" means any establishment listed in the Standard Industrial Classification Manual, 1972, as amended and supplemented, which is involved in a social, charitable, religious or educational function and which, based on a determination by the Village Administrator, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
   (38)    "Interceptor sewer" means a sewer whose primary purpose is to transport wastewater from collection sewers to a treatment facility.
   (39)    "National Pollutant Discharge Elimination Permit" means a permit issued under the National Pollutant Discharge Elimination System (NPDES) for discharge of wastewaters to the navigable waters of the United States pursuant to Section 402 of Public Law 92-500, as amended.
   (40)    "Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
   (41)    "Normal domestic strength sewage" as defined for the purposes of this chapter, means wastewater or sewage having an average daily suspended solids (SS) concentration of not more than 250 milligrams per liter and an average daily BOD of not more than 200 milligrams per liter.
   (42)    "Operation and maintenance costs" include all costs, direct and indirect, not including debt service but inclusive of expenditures attributable to administration, replacement of equipment, and treatment and collection of wastewaters, necessary to insure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long term facility management.
   (43)    "Person" means any individual, firm, company, association, society, corporation or group discharging any wastewater to the wastewater treatment facility.
   (44)    "Personal property" means, for the purpose of the user charge system, all equipment owned by the Village, and used in the transport and treatment of sewage. Such equipment must be mechanical, electronic, or electrical or have movable parts.
   (45)    "pH" means the term used to express the intensity of the acid or base condition of a solution, calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution.
   (46)    "Pretreatment" means the treatment of industrial sewage from privatelyowned industrial sources by the generator of that source prior to introduction of the waste effluent into a publicly-owned treatment works.
   (47)    "Private sewer" means a sewer which is not owned by the Village.
   (48)    "Public sewer" means a sewer which is owned and controlled by the Village and is separate from and does not include sewers owned by other governmental units.
   (49)    "Pumping station" means a station positioned in the public sewer system at which wastewater is pumped to a higher level.
   (50)    "Real property" means, for the purpose of the user charge, all fixed physical facilities owned by the Village and used in the transport and treatment of sewage which do not have movable parts, such as buildings, tanks, sewers, structures and the like.
   (51)    "Replacement costs" means the expenditures for obtaining and installing equipment, accessories or appurtenances necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
   (52)    "Replacement reserve" means an account for the segregation of resources to meet capital consumption of personal or real property.
   (53)    "Sanitary sewer" means a sewer which carries only sanitary or sanitary and industrial waste waters from residences, commercial buildings, industrial plants, and institutions and to which storm, surface and ground water are not intentionally admitted.
   (54)    "Sewage (or wastewater)" means the combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water and unintentionally admitted infiltration/inflow.
      A.    "Sanitary sewage" means the combination of liquid and water-carried wastes discharged from toilet and other sanitary plumbing facilities.
      B.    "Industrial sewage" means a combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment and shall include the wastes from pretreatment facilities and polluted cooling water.
      C.    "Combined sewage" means wastes, including sanitary sewage, industrial sewage, stormwater, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer.
   (55)    "Shredded garbage" means garbage 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 (1.25 centimeters) in any dimension.
   (56)    "Slug" means any discharge of water or wastewater in concentration of any given constituent or in any quantity of flow which exceeds for any period of duration longer than fifteen minutes more than five times the allowable concentration or flows during a normal working day (i.e., 1, 2 or 3 shift operation) and. shall adversely affect the collection system and/or performance of the wastewater treatment works.
   (57)    "Standard Methods" means the laboratory procedure set forth in the following sources: Standard Methods for the Examination of Water and Wastewater, 13th Edition, as amended, prepared and published jointly by the American Waterworks Association and Water Pollution Control Federation; Methods for Chemical Analysis of Water and Wastes, 1971, prepared and published by the Analytical Quality Control Laboratory, U.S. Environmental Protection Agency; "Guidelines Establishing Test Procedures for the Analysis of Pollutants," enumerated in 40 CFR 136.1 et seq. (1975), as amended; and/or any other procedures recognized by the U.S. Environmental Protection Agency and the Ohio Environmental Protection Agency.
   (58)    "Storm sewer" means a sewer that carries only storm waters, surface run-off, street wash, and drainage and to which sanitary and/or industrial wastes are not intentionally admitted.
   (59)    "Suspended solids (SS) or total suspended solids (TSS)" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids and is removable by laboratory filtration as prescribed in the "Standard Methods".
   (60)    "Total solids" means the sum of suspended and dissolved solids.
   (61)    "Toxic amount" means concentration of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism will cause adverse effects, such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of Public Law 92-500, as amended.
   (62)    "Unpolluted water" means water of a quality equal to or better than the effluent criteria in effect, or water that is of sufficient quality that it would not be in violation of Federal or State water quality standards if such water were discharged into navigable waters of the State. Unpolluted water would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
   (63)    "Useful life" means the anticipated term in years of physical and/or functional productivity of elements and/or the whole of the wastewater treatment system which can be reevaluated as a result of preventive maintenance, renewal which offsets physical and/or functional obsolescense, renewal of capital elements due to consumption, and physical and/or functional betterments, direct or indirect.
   (64)    "User charge system" means the system of charges levied on users for the cost of operation and maintenance, including replacement reserve requirements on new and old wastewater collection and treatment facilities.
   (65)    "Village" means the Village of Utica.
   (66)    "Village Council" means the governing body of the Village of Utica.
   (67)   "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 500 degrees centigrade for fifteen minutes.
   (68)    "Waste treatment works" means the structures, equipment, and processes required to collect, transport and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids.
   (69)    "Watercourse" means a natural or artificial channel for the passage of water, either continuously or intermittently.
   (70)    "Water works" means all facilities for water supply, treatment, storage reservoirs, water lines and services and booster stations for obtaining, treating and distributing potable water.
      (Ord. 84-14. Passed 6-4-84.)