Legal Documents of Baxter

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

1. "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.).
2. "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.
3. "Authorized representative of 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 above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
4. "Biochemical Oxygen Demand (BOD)." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at twenty degree Centigrade (20 C) expressed in terms of weight and concentration (milligrams per liter (mg/l)).
5. "Building sewer." A sewer conveying wastewater from the premises of a user to the POTW.
6. "Categorical standards." The national categorical pretreatment standards or pretreatment standard.
7. "City." The City of Baxter or the Board of Mayor and Councilmen, City of Baxter, Tennessee.
8. "Compatible pollutant." BOD, suspended solids, pH, fecal coliform bacteria, and such additional pollutants as are now or may in the future be specified and controlled in the city's NPDES permit for its wastewater treatment works where sewer works have been designed and used to reduce or remove such pollutants.
9. "Control authority." The term "control authority" shall refer to the "approval authority," defined hereinabove; or the board of mayor and councilmen if the city has an approved pretreatment program under the provisions of 40 CFR § 403.11.
10. "Cooling water." The water discharge from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
11. "Customer." Any individual, partnership, corporation, association, or group who receives sewer service from the city under either an express or implied contract requiring payment to the city for such service.
12. "Direct discharge." The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.
13. "Domestic wastewater." Wastewater that is generated by a single-family, apartment or other dwelling unit or dwelling unit equivalent, or commercial establishment containing sanitary facilities for the disposal of wastewater and used for residential or commercial purposes only.
14. "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 the said agency.
15. "Garbage." Solid wastes generated from any domestic, commercial or industrial source.
16. "Grab sample." A sample which is taken from a waste stream on a one (1) time basis with no regard to the flow in the waste stream and without consideration of time.
17. "Holding tank waste." Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
18. "Incompatible pollutant." Any pollutant which is not a "compatible pollutant" as defined in this section.
19. "Indirect discharge." The discharge or the introduction of non-domestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).
20. "Industrial user." A source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
21. "Interference." The inhibition or disruption of the municipal wastewater 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 U.S.C. § 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), being 42 U.S.C. §§ 6901 et seq., the Clean Air Act, being 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. § § 2601 et seq., 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 municipal wastewater treatment system.
22. "National categorical pretreatment standard or pretreatment standard." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.
23. "NPDES (National Pollution Discharge Elimination System." The program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into navigable waters, the contiguous zone, and the oceans pursuant to § 402 of the Federal Water Pollution Control Act, being 33 U.S.C. § 1342, as amended.
24. "New source." Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the federal register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
25. "Person." Any individual, 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. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
26. "pH." The logarithm (base ten (10)) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
27. "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 discharge into water.
28. "Pollution." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
29. "POTW treatment plant." That portion of the POTW designed to provide treatment to wastewater.
30. "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, biological processes, or process changes or other means, except as prohibited by 40 CFR § 40.36(d).
31. "Pretreatment requirements." Any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.
32. "Publicly Owned Treatment Works (POTW)." A treatment works as defined by § 212 of the Act (33 U.S.C. § 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 chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City of Baxter who are, by contract or agreement with the City of Baxter, users of the city's POTW.
33. "Shall" is mandatory; "may" is permissive.
34. "Slug." Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentrations of flows during normal operation or any discharge of whatever duration that causes the sewer to overflow or back up in an objectionable way or any discharge of whatever duration that interferes with the proper operation of the wastewater treatment facilities or pumping stations.
35. "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.
36. "State." The State of Tennessee.
37. "Storm sewer or storm drain." A pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes. It may, however, carry cooling waters and unpolluted waters, upon approval of the city.
38. "Stormwater." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
39. "Superintendent." The person designated by the board of mayor and councilmen to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
40. "Suspended solids." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids and that is removable by laboratory filtering.
41. "Toxic pollutant." Any pollutant or combination of pollutants listed as toxic in regulations published by the administrator of the Environmental Protection Agency under the provision of Clean Water Act § 307(a), being 33 U.S.C. § 1317(a), or other Acts.
42. "Twenty-four (24) hour flow proportional composite sample." A sample consisting of several sample portions collected during a twenty-four (24) hour period in which the portions of a sample are proportioned to the flow and combined to form a representative sample.
43. "User." Any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
44. "Wastewater." The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which is contributed into or permitted to enter the POTW.
45. "Wastewater treatment systems." Defined the same as POTW.
46. "Waters of the state." All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and other bodies of accumulation of water, surface or underground, natural or artificial, public or private, that are contained within, flow through, or border upon the state or any portion thereof. (2011 Code, § 18-202, modified)