Unless the context specifically indicates otherwise, the following terms and phrases, as
used in this article, shall have the meaning hereinafter designated:
(1) Act or “the Act”: The Federal Water Pollution Control Act, also known as the Clean Water Act, (CWA) , as amended, 33 U.S.C. 1251, et seq.
(2) Approval Authority: The Director of the West Virginia Department of Environmental Protection (WV-DEP).
(3) Authorized Representative of an Industrial User: An authorized representative of an Industrial 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 industrial User is a partnership or proprietorship, respectively; (3) A duly authorized representative of the individual designated in either (1) or (2) above if such representative is responsible for the overall operation of the facilities from which an industrial discharge originates and a written authorization from individual designated in either (1) or (2) above is submitted to the Director of Public Works.
(4) 5 Day Biochemical Oxygen Demand (BOD5): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20°C (degrees centigrade). The quantity is expressed in terms of concentration, mass/volume: [mg/L].
(5) Building drain: That part of the lowest 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 customer service line.
(6) Categorical Pretreatment Standard or Categorical Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317; 40 CFR, Chapter 1, Subchapter N, parts 405-471), applicable to a specific category of Industrial Users.
(7) City: The City of Vienna, Wood County, West Virginia, a municipal corporation incorporated under the laws of the State, or the City Council of Vienna.
(8) Combined sewer: A sewer receiving, by intent, both surface runoff and sewage.
(9) Compatible Pollutant: Biochemical Oxygen Demand (BOD5), Suspended Solids, pH and fecal coliform bacteria; plus any additional pollutants identified if the PUB's POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by that City's NPDES permit.
(10) Cooling Water: The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(11) Control Authority: Whereas the Parkersburg Utility Board ("PUB") has an approved Pretreatment Program under the provisions of 40 CFR 403.11, the term "Control Authority" shall herein refer to PUB.
(12) Customer: An individual, person, tenant, property owner, corporation, partnership, association or group utilizing wastewater collection services furnished by the City to a property.
(13) Customer service line: The extension from the building drain of any structure to the lateral of a sanitary sewer controlled by the City.
(14) Director: Chief administrative officer of a State or Interstate water pollution control agency with a NPDES permit program approved pursuant to section 402(b) of the Act (33 U.S.C. 1342) and an approved State pretreatment program.
(15) Direct Discharge: For the purposes of this article, the term "direct discharge" means the discharge of untreated wastewater directly into the City's collection system. The discharge of treated wastewater into the system is considered to be an "indirect discharge" which is defined in paragraph (27) of this section.
(16) Director of Public Works: The person employed by the City and charged with the duty of operating and maintaining the wastewater facilities of the City.
(17) Domestic user: A "customer" of the City's collection system permitted to discharge, directly into the system, untreated, domestically generated wastewater.
(18) Domestic (domestically generated) wastewater or sewage: Sanitary sewage or wastewater discharge from households, residential, or improved properties having pollutant characteristics typical of normal toilet waste and ordinary domestic or residential use of water.
(19) Environmental Protection Agency, USEPA 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 the agency.
(20) Existing Source: Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
(21) Garbage: Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
(22) Governing body: The Mayor and Council, together, who are charged with the responsibility of enacting ordinances and determining the public policy for the City.
(23) Grab Sample: A sample which is taken from a waste stream on a one time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
(24) Holding Tank Waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(25) Improved property: Any property located within the City upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary (domestic) sewage and/or industrial wastes are or may be discharged.
(26) Incompatible Pollutant: All pollutants other than compatible pollutants as defined in paragraph (9) of this section which may interfere with PUB's POTW operations, may pass through the POTW untreated, or otherwise cause the POTW to violate the terms of its NPDES permit.
(27) Indirect Discharge: The discharge or introduction of wastewater into the City's collection system from a non-domestic or industrial source regulated under sections 307(b), (c) or (d) of the Act (33 U.S.C. 1317), including holding tank waste discharged into the system, where the discharge has been pretreated to remove pollutants or to meet other pretreatment limitations prior to discharge into the collection system.
(28) Industrial Discharge Permit: A permit issued in accordance with the requirements specified in Section 925.12.
(29) Industrial User: A source of discharge, either direct or indirect, of non-domestic or industrial pollutants or waste which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402, of the Act (33 U.S.C. 1342).
(30) Industrial waste: Any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows.
(31) Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources results in the inhibition or disruption of the POTW's treatment processes or operations, or which contributes to a violation of any requirement of the City's, or Parkersburg's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 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.
(32) Lateral: That part of the sewer system extending from a main sewer located in the street to the property line; or, to the edge of a sewer right-of-way in which the main sewer is located. If no such lateral shall be provided, then "Lateral" shall mean that portion of, or place in, a main sewer which is provided for connection of any customer service line.
(33) National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. 1317; 40 CFR, Chapter 1, Subchapter N, Parts 405-471.), applicable to a specific category of Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
(34) National Pollution Discharge Elimination System or NPDES Permit: A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(35) Natural outlet: Any outlet, including storm sewers and combined sewers, which flows into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(36) New Source:
(i) Any source, building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction or use of which is commenced after the publication of proposed regulations under section 307(c) of the Act (33 U.S.C. 1317) which will be applicable to such source if said standards are thereafter promulgated in accordance with that section, or to such a source where a Categorical Pretreatment Standard is or will be applicable, 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 process or 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.
(ii) 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 subsection (i) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(iii) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous onsite construction program:
(1) Any placement, assembly, or installation of facilities or equipment; or
(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
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 paragraph.
(37) Non-domestic wastewater: Sanitary sewage or wastewater discharge, discharged from any source, which has characteristics in flow or composition, or has pollutant content different from that which results from the typical, normal, or ordinary domestic use of water.
(38) Non-domestic User: A "customer" of the City permitted to discharge into the sewer system, either directly or indirectly, non-domestic wastewater.
(39) Owner: Any person, corporation, partnership or association vested with ownership, legal or equitable, sole or partial, in any real property.
(40) Pass Through: A discharge which exits the City's collection system 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 requirements of the City's or Parkersburg Utility Board's NPDES penmit, including an increase in the magnitude or duration of a violation.
(41) Person: Any individual, User, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. Where indicated by the context, the masculine gender shall include the feminine; the singular shall include the plural.
(42) pH: The logarithm to the base 10 of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution and written as Standard Units (S.U.).
(43) 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.
(44) Pollution: The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(45) Pretreatment or Treatment: The reduction of the amount of pollutants, the elimination of the pollutants, or the alteration of the nature of pollution properties in wastewater to a less harmful state prior to, or in lieu of, introducing such pollutants into the City's collection system. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means except as prohibited by 40 CFR 403.6(d).
(46) Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment, other than a Pretreatment Standard, imposed on a User.
(47) Pretreatment Standard(s): Prohibitive Discharge Standards, Categorical Pretreatment Standards, and local limits.
(48) Prohibitive Discharge Standards or Prohibitive Discharges: Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. These Standards contain absolute prohibitions against the discharge of certain substances and appear in Section 925.10.
(49) Publicly Owned Treatment Works (POTW): A treatment works as defined by section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the PUB. This definition includes any sewers, devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes, and any conveyances which convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewater(s) to the POTW from Persons residing outside Parkersburg who are by contract, permit or agreement with Parkersburg, Users of Parkersburg's POTW.
(50) POTW Treatment Plant: That portion of the POTW designed to provide treatment to wastewater.
(51) Public sewer: A sewer that is controlled by the City and in which all owners of abutting properties have equal rights.
(52) Receiving waters: As applied in this article, any watercourse situated within the service area of the City which comes under the jurisdiction of the "Control Authority".
(53) Right-of-way or Easement: An acquired legal right for the specific use of land owned by others.
(54) Sanitary sewage: Normal water-carried household and toilet wastes from any improved property. The preferred term is wastewater, also referred to as "domestic" sewage.
(55) Sanitary sewer: A sewer controlled by the City which carries liquid and water-carried wastes from private residences, commercial buildings, industrial plants and institutions, and to which storm, surface and ground waters are not intentionally admitted.
(56) Sewer system: All wastewater facilities and conveyances, owned by the City, for collecting, pumping, treating and disposing of sanitary sewage and/or industrial wastes.
(57) “Shall” is mandatory; “may” is permissive.
(58) Significant Industrial User (SIU): Any User of the City's collection system who:
(i) (a) Is subject to Categorical Pretreatment Standards [40 CFR Chapter 1, Subchapter N, Parts 405-471 , and 40 CFR 403.6; or
(b) Has a discharge flow of 25,000 gallons or more of process wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewaters) to the City's collection system per average work day; or
(c) Discharges a process waste stream which constitutes 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(d) Has in its wastes toxic or hazardous pollutants as defined either pursuant to Section 307 of the Act or the Statutes and Rules of the State of West Virginia; or
(e) Is either found to be and/or designated as such by the City acting as the Control Authority (40 CFR 403.12(a)), the West Virginia Department of Environmental Protection (DEP), or the U.S. EPA on the basis that the industrial User has a reasonable potential for adversely affecting or otherwise having a significant impact, either singly or in combination with other contributing industries, upon the POTW's operation, the wastewater treatment system, the quality of sludge, the system's effluent quality, the air emissions generated by the system, or by causing the City or the POTW to violate any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).
(ii) Upon a finding that a User meeting any of the criteria in subsection (i) above has no reasonable potential for adversely affecting the POTW or its operation, 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 a User, and in accordance with procedures in 40 CFR 403.8(f) (6), determine that such a User should not be considered a Significant Industrial User.
(59) Single Family Dwelling: Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living for a family or other group of persons living together, or by persons living alone.
(60) Slug or slug load: Any discharge of wastewater which, with regard to any given constituent or in the quantity of flow, exceeds for any period of duration longer than 15 minutes, more than five (5) times the average twenty-four (24) hour concentration of constituent(s) or flows which occur during normal operation, or which would cause a violation of prohibitive discharge standards provided in Section 925.10.
(61) Standard Industrial Classification (SIC): A classification given to a commercial or industrial business entity pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President's Office of Management and Budget, 1972.
(62) State: State of West Virginia.
(63) Storm sewer; storm drain: A sewer which carries storm and surface waters and drainage, but excludes wastewater and industrial wastes.
(64) Storm Water: Any flow occurring during or following any form of natural precipitation and resulting therefrom.
(65) Total Suspended Solids (TSS): The total suspended solid or semi-solid matter which is visible, in suspension in or that floats on the surface of water, wastewater or other liquids, and which is removable by laboratory or other appropriate filtering methods. Included are the larger floating particles consisting of sand, grit, clay, fecal solids, paper, and sticks of wood, particles of food and garbage, and similar materials.
(66) Total Toxic Organics.(TTO): Total Toxic Organics is defined as the sum of the masses or concentrations of specific toxic organic compounds found in an industrial User's process discharge at a concentration greater than 0.01 mg/L. Each Categorical Standard lists the specific toxic organic compounds that are to be included in the summation to define TTO for the category.
(67) Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations or standards promulgated by the Administrator of the U.S. EPA under the provision of CWA 307 (a) or other Acts.
(68) User: Any individual, person, or group, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or other legal entity, or their legal representatives, agents or assigns who discharges, causes or allows the discharge of wastewater into the City's sewer system.
(69) Manager - Utility Board: The person designated by the Parkersburg Utility Board to supervise the operation of the POTW, and who is charged with certain duties and responsibilities, acting in behalf of the Board, as the chief administrative officer of the POTW system and also as the authorized representative of the Parkersburg Utility Board, or his duly authorized representative.
(70) Wastewater: The liquid or water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which is discharged into or permitted to enter into the City's collection system.
(71) Wastewater facilities: The structures, equipment, and processes required to collect, carry and treat domestic and industrial wastes and to dispose of the resulting effluent and sludges.
(72) Waters of the State: All streams, lakes, ponds, marshes, water courses, 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.
(73) Watercourse: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. O-3-08. Passed 7-24-08.)