Legal Documents of Bulls Gap
Code of Bulls Gap
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Code of Bulls Gap
Title 18 Water and Sewers
Chapter 1 General Wastewater Regulations
Title 18 Water and Sewers
Chapter 1 General Wastewater Regulations
Bulls Gap
Title 18 : Water and Sewers
Chapter 1 : General Wastewater Regulations
18-103 : Definitions.
- The "Act" is 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 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.
- "Approved POTW pretreatment program" and "POTW pretreatment program" means a program administered by a POTW that meets the criteria established in the regulation (403.8 and 403.9) and which has been approved by a regional administrator or state director.
- "Authorized agent or representative of the industrial user"
- If the industrial user is a corporation, "authorized representative" shall mean:
- 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;
- The manager of one (1) or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
- If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively;
- If the industrial user is a federal, state, or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his designee;
- The individuals described in subsections (a) to (c) above may designate another authorized representative if the authorization is in writing, 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 the written authorization is submitted to the director of the bureau of water quality.
- If the industrial user is a corporation, "authorized representative" shall mean:
- "Baseline Monitoring Report (BMR)" - A report submitted by Categorical Industrial Users (CIUs) within one hundred eighty (180) days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the applicable categorical standard (40 CFR § 403.12(b)).
- "Board" shall mean the public utilities board of the Town of Bulls Gap, Tennessee.
- "BOD," (Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures ("standard methods") in five (5) days at twenty degrees (20°) Centigrade (sixty-eight degrees (68°) Fahrenheit) expressed in milligrams per liter.
- "Categorical pretreatment standards" - Limitations on pollutant discharges to POTWs promulgated by EPA in accordance with section 307 of the Clean Water Act, that apply to specific process wastewater discharges of particular industrial categories (40 CFR § 403.6 and 40 CFR parts 405 to 471).
- "City" shall mean the Town of Bulls Gap, Tennessee.
- "Combination sewer" shall mean a sewer receiving all wastewater including a surface runoff.
- "Compatible pollutant" means BOD, suspended solids, nitrogen, animal and vegetable oil and grease, pH, and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this town's NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove such pollutants.
- "Composite sample" - Sample composed of two (2) or more discrete samples. The aggregate sample will reflect the average water quality covering the compositing or sample period.
- "Connection" shall mean any physical tie or hookup made to a sewer line owned, operated and maintained by the board.
- "Connection charge" shall mean that charge levied to defray the expenditure required to process the application, make the connection, inspect the sewer lateral and service and approve the discharge permit.
- "Cooling water" shall mean the water used for heat exchange and discharged from any system of condensation, air conditioning, cooling, refrigeration, or other such system, but which has not been in direct contact with any polluting material.
- "Customer" shall mean any person who receives sewer service from the board under either an express or implied contract requiring such person to pay the board for such service.
- "Daily maximum limitations"- The maximum allowable discharge of pollutants during a twenty-four (24) hour period. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharge over the course of the day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
- "Director" means the chief administrative officer of a state or interstate water pollution control agency with an NPDES permit program approved pursuant to section 402(b) of the act and an approved pretreatment
- "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.
- "Discharge monitoring"- The EPA uniform national form, including any subsequent additions, revisions or modifications for reporting of self-monitoring results by permittees. The form must be used by approved states as well as by EPA.
- "Domestic use" of the facilities of the wastewater control system shall be defined and limited to single-family, multi-family, apartment or other dwelling unit or dwelling unit equivalent containing sanitary facilities for the disposal of domestic wastewater and use for residential purposes only.
- "Environmental Protection Agency or EPA" shall mean 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 said agency.
- "Extra strength wastewater" shall mean any wastewater that has any characteristic or combination of characteristics exceeding the characteristics of normal domestic wastewater and that requires effort or expenditure over and above that required for treatment of normal domestic wastewater.
- "Flow Weighted Average (FWA) formula"- A procedure used to calculate alternative limits where wastestreams combine after treatment but prior to the monitoring point.
- "Flow proportional composite sample"- Combination of individual samples proportional to the flow of the wastestream at the time of sampling.
- "Grab sample"- A sample which is taken from a wastestream on a one-time basis with no regard to the flow of the wastestream and without consideration of time.
- "Holding tank waste" - means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tanker trucks.
- "Incompatible pollutant" means any pollutant which is not a "compatible pollutant" as defined in this section.
- "Indirect discharger"- A non-domestic discharger introducing pollutants to a publicly owned treatment works.
- "Industrial user" shall mean a source of indirect discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402 of the Act.
- "Industrial wastes" are the liquid wastes, ether than domestic wastewater, resulting from processes or operations employed in industrial or commercial establishments.
- "Inspector" shall mean the inspector of the Town of Bulls Gap, Tennessee.
- "Interference" is the inhibition or disruption of the municipal wastewater treatment processes or operations which contributes to a violation of any requirements of the town's NPDES permit. The term includes prevention of sewage sludge use of disposal by the POTW in accordance with section 405 of the Act, 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 methods of disposal or use employed by the municipal wastewater treatment system.
- "Manager of public utilities" or "manager" shall mean the manager of the public utilities board for the Town of Bulls Gap, Tennessee, or his authorized representative.
- "Monthly average"- The arithmetic average value of all samples taken in a calendar month for an individual pollutant parameter. The monthly average may be the average of all grab samples taken in a given calendar month, or the average of all composite samples taken in a given calendar month.
- "National categorical pretreatment standard or pretreatment standard" shall mean any regulation containing pollutant discharge limits promulgated, by EPA in accordance for section 307(b) and (c) of the Act, which applies to the specific category or industrial users.
- "Natural outlet" shall mean any point of discharge into a waste course, pond, ditch, lake, stream, or other body of surface or ground water.
- "New source" shall mean any source, the construction of which is commenced after the publication of proposed regulations prescribing a section 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. A new source means any source, the construction of which is commenced after the date of promulgation of the standard.
- "Normal domestic wastewater" shall contain a daily average of not more than 400 mg/l of suspended solids; 400 mg/l of BOD; 40 mg/l nitrogen; 100 mg/l animal and vegetable oil and grease; and which contains only compatible pollutants as defined herein.
- "NPDES permit" or "permit" means a permit issued to a POTW pursuant to section 402 of the Act (33 U.S.C. § 1342).
- "NPDES state" means a state (as defined in 40 CFR § 122.2) or interstate water pollution control agency with an NPDES permit program approved pursuant to section 402(b) of the Act.
- "Pass-through" means 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 a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
- "Person," "enterprise," "establishment," or "owner" shall mean 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 should include the feminine, the singular should include the plural where indicated by context.
- "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. A stabilized pH will be considered as a pH, which does not change beyond the specified limits of five to ten (5 - 10) when the waste is subjected to aeration.
- "Pretreatment" means 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 by other means, except as prohibited by 40 CFR § 403.6(d).
- "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
- "Publicly Owned Treatment Works (POTW)" means a treatment works as defined by section 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the town. 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 waste waters to the POTW from persons outside the (town) who are, by contract or agreement with the (town), users of the (town's) POTW,
- "Public sewer" shall mean a sewer controlled by public authority.
- "Sanitary sewer" is a sewer intended to receive domestic wastewater and industrial waste, without the admixture of surface water and storm water.
- "Sanitary wastewater" shall mean wastewater discharging from the sanitary conveniences of dwelling, including apartments and hotels, office buildings, factories, or institutions, and free from storm and surface water.
- "Sewer" shall mean a pipe or conduit for carrying; wastewater.
- "Sewer lateral" shall consist of the pipe line extending from any sewer main of the town to private property.
- "Sewer service charge" and "wastewater service charge" shall be synonymous and shall mean the amount charged to the customer for operation, maintenance and capital improvements for the wastewater control system.
- "Shall" is mandatory; "may" is permissive.
- "SIC" means the Standard Industrial Classification of users based upon the SIC manual prepared by the office of management and budget.
- "Significant industrial user" - as defined by 40 CFR § 403.3 shall means:
- All industrial users subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR chapter I, subchapter N; and
- Any other industrial user that: discharges an average of twenty five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority as defined in 40 CFR § 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR § 403.8(f)(6)).
- "Significant non-compliance" shall mean having violations which meet one (1) or more of the criteria as listed in this chapter and defined in 40 CFR 403.8(f)(2)(vii).
- "Significant Noncompliance (SNC)" - (40 CFR § 403.8(f)(2)(vii)) Industrial user violations meeting one (1) or more of the following criteria:
- Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit of the average limit for the same pollutant parameter;
- Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutants parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the application TRC (TRC-1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
- Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other dischargers, interference or pass-through (including endangering the health of POTW personnel or the general public);
- Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under this section to halt or prevent such a discharge;
- Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
- Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
- Failure to accurately report noncompliance;
- Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
- "Slug loading" shall mean 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.
- "Standard methods" shall mean Standard Methods for the Examination of Water and Wastewater, latest edition, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
- "Storm sewer" or "storm drain" shall mean a pipe or conduit, ditch or canal which carries storm and surface waters and drainage, cooling water or other unpolluted water, but excludes wastewater.
- "Submission" means:
- A request by a POTW for approval of a pretreatment program to the EPA or a director;
- A request by a POTW to the EPA or a director for authority to revise the discharge limits in categorical pretreatment standards to reflect POTW pollutant removal; or
- A request to the EPA by an NPDES state for approval of its state pretreatment program.
- "Suspended solids" shall mean the total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids, and which is removed by laboratory filtering.
- "Time proportional composite sample"- A sample consisting of a series of aliquots collected from a representative point in the discharge stream at equal times intervals over the entire discharge period on the sampling day.
- "Toxic pollutant" shall be any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of the CWA (307)(a) or other Acts.
- "Twenty-four (24) hour, flow proportional composite sample" means a sample consisting of several effluent portions collected during a twenty-four (24) hour period in which the portions of sample are proportionate in the flow and combined to form a representative sample.
- "Unpolluted water or waste" shall mean any water or wastewater containing no free or emulsified grease or oil; acid or alkali, phenols, or other substances imparting taste and odor in receiving waters; toxic and poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases and/or other polluting materials.
- "User" shall mean any occupied property or premises having a connection to the sewer system or having access thereto.
- "Wastewater" shall mean the water carrying wastes from residences, businesses, buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and stormwater as may be present.
- "Wastewater control system" shall mean all facilities for collecting, pumping, treating, and disposing of wastewater.
- "Wastewater treatment plant" shall mean any arrangement of devices and structures used for treating wastewater or in the case of the town plant, may also be referred to as POTW (Publicly Owned Treatment Works).
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"Wye" shall mean any mechanical connection for a service lateral.
Standard methods: terms not otherwise defined herein shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. (Ord. #02-16-99-1, March 1999)
Date Last Updated: 11/01/2017
Codification Date: 11/01/2017
Officials at Date of Last Codification:
Mayor - Michael Solomon
Vice Mayor - Jimmy Sexton
Aldermen - Betsy Shipley
Aldermen - Gaylon Williams
Aldermen - Susan Williams
Recorder - Lorraine Heck