§ 941.02 DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABBREVIATIONS. The following abbreviations shall have the designated meanings:
      BOD 5      5-day biochemical oxygen demand
      CFR      Code of Federal Regulations
      COD      Chemical oxygen demand
      DNR      Department of Natural Resources of the State of West Virginia
      DWR      Division of Water Resources of the DNR
      EPA      U.S. Environmental Protection Agency
      l      Liter
      mg      Milligrams
      mg/l      Milligrams per liter
      NPDES   National Pollutant Discharge Elimination System
      POTW      Publicly owned treatment works
      SIC      Standard industrial classification
      SWDA      Solid Waste Disposal Act, 42 USC 6901, et seq.
      USC      United States Code
      TSS      Total suspended solids
   ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.
   APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER. 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, in five days at 20°C, expressed in terms of weight and concentration (milligrams per liter (mg/l)).
   BOARD. The Sanitary Board of the city created for the construction, administration, operation and maintenance of the wastewater collection, treatment and disposal facilities of the city.
   BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system carrying wastewater which receives discharge from soil, waste and other drainage pipes inside the walls of the building, and conveys it to the building sewer, which begins five feet 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, also called “house connection.”
   CHEMICAL OXYGEN DEMAND (COD). The quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures expressed in milligrams per liter.
   CITY. The City of Weirton, West Virginia or Council of Weirton.
   CLEAN WASTEWATER or UNPOLLUTED WATER. Water of a quality equal to or better than the effluent criteria established by the NPDES permit, or water that would not cause violation of receiving water quality standards and would not be improved by discharge to the sanitary sewers and wastewater treatment facilities provided.
   COMBINED SEWER. A sewer which is designed to carry sanitary wastewater, industrial wastewater and storm water.
   COMPATIBLE POLLUTANTS. BOD, suspended solids, 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 such pollutants to a substantial degree. Examples of such additional pollutants may include: COD; total organic carbon; phosphorus and phosphorus compounds; nitrogen and nitrogen compounds; fats, oils and greases of animal or vegetable origin; except as limited under § 941.06(I).
   CONTROL AUTHORITY. This term shall have the same definition as “approval authority” hereinabove, or the Superintendent if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.
   CONTROL MANHOLE. A structure that is accessible for the purpose of observing, measuring and sampling the wastewater flow in a building sewer. A CONTROL MANHOLE may be used for inspecting and/or maintaining the building sewer.
   COOLING WATER. The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other sources. It shall be free from odor and oil and shall contain no pollutants other than heat. COOLING WATER shall be considered industrial wastewater if it is discharged to the sanitary sewer system.
   COUNTIES. Hancock and/or Brooke Counties, West Virginia.
   DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
   EFFLUENT. Wastewater, water or other liquid, after some degree of treatment, flowing out of any treatment device or facilities.
   ENVIRONMENTAL PROTECTION AGENCY (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 such agency.
   EPA METHODS.  Methods for Chemical Analysis of Water and Wastes, 1971, Environmental Protection Agency, Analytical Quality Control Laboratory, Cincinnati, Ohio.
   FACILITIES PLANNING AREA (SERVICE AREA). The area which has been delineated by the Division of Water Resources of the West Virginia Department of Natural Resources for sanitary sewer service, and which is shown and fully described in the Weirton Regional Facilities Plan.
   FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
   GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. PROPERLY 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 in any dimension.
   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.
   GREASE and OIL. Any material which is extractable from an acidified sample of a wastewater by freon, hexane or other designated solvent.
   HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
   INCOMPATIBLE POLLUTANT. Any pollutant which is not a “compatible pollutant”, as defined in this section.
   INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 USC 1317), into the POTW, including holding tank waste discharged into the system.
   INDUSTRIAL PLANT. Any facility which discharges industrial wastewater. Associated service industries shall be considered as industrial plants. For example, commercial power plants (electric), commercial laundries, restaurants, hotels, filling stations, water works and other establishments having industrial wastewater discharge.
   INDUSTRIAL USER. Any nongovernmental, nonresidential user of a publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under Division A-Agriculture, Forestry and Fishing; B-Mining; D-Manufacturing; E-Transportation and Public Utilities; and I-Services.
   INDUSTRIAL WASTEWATER. This term, sometimes called process wastewater, means the liquid wastes from industrial manufacturing processes, trade or business establishments, or from the development, recovery or processing of natural resources, as distinct from “sanitary or domestic wastewater.”
   INFLUENT. Wastewater, raw or partially treated, flowing into any wastewater treatment device or facilities.
   INTERCEPTOR SEWER. A sewer which receives wastewater from one or more lateral or local sanitary sewers.
   INTERFERENCE. The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act (33 USC 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.
   MAJOR INDUSTRIAL USER. An industrial user which contributes greater than 10% of the design flow or design pollutant loading of the POTW (see also “significant industrial user”).
   NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STAN-DARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 USC 1347) which applies to a specific category of industrial users.
   NATIONAL PROHIBITIVE DISCHARGE STANDARDS or PROHIBITIVE DISCHARGE STANDARDS. Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.
   NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT. A permit issued pursuant to § 402 of the Act (33 USC 1342).
   NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   NEW SOURCE. Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 USC 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 than 120 days after proposal, a NEW SOURCE means any source, the construction of which is commenced after the date of promulgation of the standard.
   NORMAL STRENGTH WASTEWATER. For the purpose of determining surcharges, means wastewater having an average daily suspended solids concentration of not more than 250 mg/l, an average daily BOD5 of not more than 200 mg/l and containing not more than 100 mg/l of freon soluble matter (grease and oil).
   OWNER. Any person in title or having any interest in real property in the Facilities Planning Area, including any of the sanitary sewer districts and their extensions and/or drainage area or areas now existing or subsequently created by Council or covered by contract providing for city service to the area under contract.
   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. 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 weight of hydrogen ions in grams per liter of solution. Low values indicate the presence of acids or acid forming salts. High values indicate the presence of alkaline material. A pH of 7.0 is considered neutral.
   POLLUTION. The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
   PRETREATMENT or TREATMENT. The reduction of the amount of pollutants, the elimination 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. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or other means, except as prohibited by 40 CFR 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). A treatment works as defined by § 212 of the Act (33 USC 1292), which is owned in this instance by the city. 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. For the purposes of this article, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
   POTW TREATMENT PLANT. That portion of the POTW designed to provide treatment to wastewater.
   PUBLIC SEWER. A common sewer which is owned and controlled by a public authority.
   SANITARY OR DOMESTIC WASTEWATER (SEWAGE). A combination of water-carried wastes from residences, business buildings, institutions, commercial, industrial and manufacturing establishments contributed by reason of human occupancy.
   SANITARY SEWER. A sewer which carries wastewater and to which storm, surface and ground waters are not intentionally admitted.
   SEWERS. Any pipe or conduit for conveying wastewater.
   SEWER DISTRICT. Any of the sanitary sewer districts and their extension or extensions and/or any drainage area or areas now existing or subsequently created by Council, or covered by contract providing for city service to the area under contract.
   SHALL is mandatory, MAY is permissive.
   SIGNIFICANT INDUSTRIAL USER. Any industrial user of the city's wastewater disposal system who has a discharge flow equivalent to 25,000 gallons or more per average work day of sanitary wastewater; or has a flow greater than 5% of the flow in the city's wastewater treatment system (POTW); or has in his wastes toxic pollutants as defined pursuant to § 307 of the Act or state statutes and rules; or is found by the city, the West Virginia Department of Natural Resources, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing users, on the wastewater treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
   SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment plant.
   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.
   STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
   STATE. The State of West Virginia.
   STORM SEWER or STORM DRAIN. A sewer which carries storm, surface waters and drainage, but which excludes sanitary wastewater and industrial wastewater, other than polluted wastewater and cooling water.
   STORM WATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SUPERINTENDENT or MANAGER. The person designated by the Sanitary Board to supervise the operation and maintenance of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
   SUSPENDED SOLIDS. The total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in “Standards Methods” and referred to as “nonfilterable residue.”
   TOTAL SOLIDS or TOTAL RESIDUE. The sum of suspended and dissolved solids.
   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 the city's POTW.
   VOLATILE ORGANIC MATTER. The material in the wastewater solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
   WASTEWATER. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried domestic or industrial wastes from dwellings, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater 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.
('71 Code, § 941.02) (Ord. 647, passed 5-11-81)
Cross-reference:
   Other definitions, see § 947.02