Legal Documents of Halls

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, enacted by Public Law 92-500, October 18, 1972, 33 USC 1251 et seq.; as amended by PL 95-217, December 28, 1977; PL 97-117, December 29, 1981; PL 97-440, January 8, 1983; and PL 100-04, February 4, 1987.
2. "Approval authority." The Commissioner of the Tennessee Department of Environment and Conservation.
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, five (5) days at 20° centigrade expressed in terms of weight and concentration.
5. "Building sewer." A sewer conveying wastewater from the premises of an industrial user to the POTW.
6. "Categorical pretreatment standards." See National Pretreatment Standard or Pretreatment Standard.
7. "Categorical industrial user." An industrial user subject to categorical or national pretreatment standards.
8. "Chronic violation." The term used to describe violations of an industrial wastewater discharge permit when the limit for any one parameter listed in the permit is exceeded by any magnitude for sixty-six (66) percent or more of the total industrial self-monitoring plus control authority compliance monitoring measurements made in the six-month period covered by the semi-annual report required by the approval authority.
9. "Cooling water." The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
10. "Control authority." The term "control authority" shall refer to the Superintendent of the Halls Water Plant or his authorized representative.
11. "Conventional pollutants." Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), fecal coliform bacteria, oil and grease, and pH (40 CFR 401.16).
12. "Daily maximum limits." The maximum allowable discharge of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged 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.
13. "Direct discharge." The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.
14. "Domestic wastewater." Wastewater that is generated by a single family, apartment or other dwelling unit, or dwelling unit equivalent, containing sanitary facilities for the disposal of wastewater and used for residential purposes only and/or restroom wastes from commercial, institutional and industrial users.
15. "Environmental Protection Agency, 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 said agency.
16. "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.
17. "Holding tank waste." Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
18. "Indirect discharge." The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, into the POTW (including holding tank waste discharged into the system).
19. "Industrial user (IU)." A source of nondomestic waste. Any nondomestic source discharging pollutants to the POTW.
20. "Industrial wastewater discharge permit." As set forth in § 18-618.
21. "Instantaneous maximum limit." The maximum allowable concentration of a pollutant determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
22. "Interference." An indirect discharge which, alone or in conjunction with an indirect discharge or discharges from other sources, both:
    
    1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
    2. Therefore, 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) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder: Section 405 of the Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA) , the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act (40 CFR 403.3).
23. "National pretreatment standard or pretreatment standard." Any regulation promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to a specific category of industrial users and provides limitations on the introduction of pollutants into POTW's (40 CFR 403.6 and 405-471). This term includes the national prohibited discharge standards under 40 CFR 403.5, including local limits [40 CFR 403.3 (j)].
24. "National prohibitive discharges." Prohibitions applicable to all nondomestic dischargers regarding the introduction of pollutants into POTW's set forth in 40 CFR 403.5.
25. "New source." Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed national pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
    
    1. The building, structure, facility or installation is constructed at a site at which no other source is located, or
    2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or
    3. The production of 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.
       1. Construction on the 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 this paragraph but otherwise alters, replaces, or adds to existing process or production equipment.
       2. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
          
          1. Begun, or caused to begin as part of a continuous on-site 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
          2. Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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.
26. "National Pollutant Discharge Elimination System or NPDES permit." A permit issued to a POTW pursuant to Section 402 of the Act.
27. "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.
28. "pH." The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
29. " Pollution." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
30. "Pollutant." Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage 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.
31. "Pretreatment." 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. [40 CFR Section 403.3(q)].
32. "Pretreatment requirements." Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user, including but not limited to discharge limits, sampling requirements, analytical requirements, reporting requirements, and compliance schedules.
33. "Prohibited discharge." Discharge of a pollutant which may cause pass-through or interference to the POTW, pursuant to 40 CFR 403.5.
34. "Publicly Owned Treatment Works (POTW)." A treatment works as defined by Section 212 of the Act 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 wastewaters to the POTW from persons outside the town, who are, by contract or agreement with the town, users of the POTW.
35. "POTW treatment plant." That portion of the POTW designed to provide treatment to wastewater.
36. "Shall" is mandatory: "May" is permissive.
37. "Sanitary sewer." A sewer pipeline that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
38. "Significant industrial user." Any industrial user of the POTW who:
    
    1. Is a categorical industrial user, or
    2. Has a discharge flow to the POTW of 25,000 gallons or more per average work day of process wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater), or
    3. Has a process wastewater discharge flow or conventional pollutant waste load greater than 5% of the base flow or waste load in the POTW system, or
    4. Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or Tennessee Statutes or rules, or
    5. Is found by the town, Tennessee Department of Environment and Conservation or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the POTW system's effluent quality, or air emissions generated by the POTW system.
39. "Significant noncompliance (SNC)." Any violation of pretreatment requirements which meet one or more of the following criteria:
    
    1. Violations of wastewater discharge limits.
       1. Chronic violations, as defined in § 18-602(8),
       2. Technical Review Criteria (TRC) violations, as defined in § 18-602(42),
       3. Any other violation(s) of an industrial wastewater discharge permit effluent limit that the control authority believes has caused, alone or in combination with other discharges, interferences (e.g., slug loads) or pass-through; or endangered the health of the POTW personnel or the public, or
       4. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
    2. Violations of compliance schedule milestones, contained in an enforcement order by 90 days or more after the schedule date. Milestones may include but not be limited to dates for starting construction, completing construction and attaining final compliance.
    3. Failure to provide reports for compliance schedules, self-monitoring data or categorical standards (baseline monitoring reports, 90-day compliance reports and periodic reports) within 30 days from the due date.
    4. Failure to accurately report noncompliance.
40. "Significant violation." A violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period; or which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under CFR 403.8(f)(2)(vi)(B) and 403.8(f)(2)(vii).
41. "State." State of Tennessee.
42. "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, 1987.
43. "Storm water." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
44. "Surcharge." A fee charged to industrial users in excess of the normal sewer user charge to cover the additional expenses incurred by the POTW for treating conventional pollutants of a higher concentration than the POTW treatment plant was designed to treat, but which do not cause an interference with the POTW.
45. "Suspended solids." The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
46. "Technical Review Criteria (TRC) Violation." The term used to describe violations of an industrial wastewater discharge permit when:
    
    1. The limit for biochemical oxygen demand, total suspended solids, ammonia nitrogen, fats, oil and grease is exceeded by 140 percent for thirty-three (33) percent or more of the total industrial self-monitoring plus control authority compliance monitoring measurements made in the six-month period covered by the semi-annual report required by the approval authority.
    2. The limit for any other pollutant, except pH, is exceeded by 120 percent for thirty-three (33) percent or more of the total industrial self-monitoring plus control authority compliance monitoring measurements made in the six-month period covered by the semi-annual report by the approval authority.
47. "Town." The Town of Halls and/or the Mayor and Aldermen of the Town of Halls.
48. "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 Section 307(a) of the Act (40 CFR 403 Appendix B).
49. "User." Any person who contributes, causes or permits the contribution of wastewater into the town's POTW, including the owner of any private property having a building sewer connected to the POTW sewer system.
50. "Wastewater." The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
51. "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 of any portion thereof.