Legal Documents of Newport

For the purpose of this ordinance the following phrases and words shall have meaning assigned below, except in those instances where the content clearly indicates a different meaning:

1. "Act" or "the Act" means Federal Water Pollution Control Act, also known as the Clean Water Act of 1977.
2. "Approval authority," means 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. "BOD (denoting Biochemical Oxygen Demand)" shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligrams per liter.
4. "Board." The Newport Utilities Board.
5. "Building sewer," means the sewer conveying wastewater from the building drain to the public sewer or other place of disposal.
6. "Categorical standards." National pretreatment standards.
7. "City," means the City of Newport, Tennessee, a municipal corporation.
8. "Combined sewer" shall mean a sewer receiving both surface runoff and sewage.
9. "Compatible wastes," biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria; plus any additional pollutants identified in the publicly-owned treatment works NPDES permit, for which the publicly-owned treatment works is designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.
10. "Connection" shall mean any physical tie or hookup made to a sewer line owned, operated and maintained by the board.
11. "Control authority." The term "control authority" shall refer to the "approval authority," defined hereinabove; or the general manager if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.
12. "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.
13. "Direct discharge." The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.
14. "Domestic use" of the facilities of the wastewater treatment 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 used for residential purposes only.
15. "Environmental Protection Agency" or "EPA," means the agency of the United States or where appropriate the term may also be used as a designation of the administrator or other duly authorized officials of said agency.
16. "Extra strength wastewater" shall mean any wastewater that has any characteristic or combination of characteristics exceeding the characteristics of normal domestic wastewater and that require effort or expenditure over and above that required for treatment of normal domestic wastewater.
17. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
18. "General manager." The General Manager of the Newport Utilities Board.
19. "Holding tank waste." Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
20. "Incompatible wastes," all pollutants other than compatible wastes defined within.
21. "Indirect discharge" means the discharge or the introduction of non-domestic pollutants from any source regulated under section 307(b) or (c) of the Act, (33 USC 1317), into the POTW (including holding tank waste discharged into the system) for treatment before direct discharge to the waters of the state.
22. "Industrial user," means a source of indirect discharge which does not constitute a "discharge or pollutant" under regulation issued pursuant to section 402 of the Act.
23. "Industrial wastes" are the liquid wastes, other than domestic wastewater resulting from processes or operations employed in industrial commercial establishments.
24. "Interference," means inhibition or disruption of sewer treatment system processes or operations or which contribute to the violation of any requirement of the city's NPDES permit. The term includes presentation of sewage sludge use or disposal by the POTW in accordance with section 405 of the Act or any criteria, guidelines or regulations developed pursuant to Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substance 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 POTW.
25. "Maximum concentration," a maximum amount of a specified pollutant into the volume of water or wastewater.
26. "National Pollutant Discharge Elimination System or NPDES permit," a permit issued to a POTW pursuant to 402 of the Act.
27. "National pretreatment standards" or "pretreatment standards," means regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act which applies to industrial users and/or this ordinance.
28. "Natural outlet" shall mean any point of discharge into a water course, pond, ditch, lake, stream, or other body of surface or ground water.
29. "New source," any source, the construction of which is commenced after the publication of proposed regulations prescribed in section 307(c) categorical pretreatment standards which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of a proposal and 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.
30. "Normal domestic wastewater," shall be regarded as normal for the city, if analyses show daily average concentrations of suspended solids, BOD, animal and vegetable oil and grease, and ammonia which do not exceed the limitations on wastewater strength as established herein; and if it contains only compatible pollutants as defined herein.
31. "Person" or "owner." Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, government entity, or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular should include the plural where indicated by the context.
32. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. A pH value indicates the degree of acidity or alkalinity.
33. "Pollution." The man-made or man-induced alteration of the of the chemical, physical, biological, and radiological integrity of water.
34. "Premises." A parcel of real estate or portion thereof including any improvements thereon which is determined by the superintendent to be a single user for purposes of receiving, using, and paying for services.
35. "Pretreatment." The reduction of the amount of pollutants, the elimination of the pollutants, or the alteration of the nature of pollutant properties and 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, changes or by other means, except if prohibited by 40 CFR section 403.6(d).
36. "Publicly Owned Treatment Works" or "POTW," a treatment works as defined by section 212 of the Act, which is owned in this instance by the board. This definition includes any sewer that conveys wastewater to such a treatment works, that does not include pipes, sewers or other conveyances not connected to the facility providing treatment.
37. "Public sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
38. "Sanitary sewer" is a sewer intended to receive domestic wastewater and industrial waste, without the admixture of surface water and stormwater.
39. "Sanitary wastewater" shall mean wastewater discharging from the sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories or institutions, and free from storm and surface water.
40. "Shall" is mandatory; "may" is permissive.
41. "Significant industrial user" shall mean any industrial user of the board's wastewater treatment system whose flow exceeds twenty-five thousand (25,000) gallons per day or whose discharge has a significant impact on the operation and performance of the POTW.
42. "Standard Industrial Code (SIC)," a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
43. "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.
44. "Superintendent." The person designated by the general manager to supervise the operation of the publicly owned treatment works.
45. "Suspended solids" shall mean solids that either float on the surface of or are in suspension in wastewater, and which are measurable as prescribed by "standard methods" and expressed in milligrams per liter.
46. "Toxic pollutant," any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator or the Environmental Protection Agency under provisions 33 USC 1317.
47. "Treatment works." Any devices and systems used in the storage, treatment, recycling and reclamation of domestic wastewater and industrial wastes of a liquid nature including interceptor sewers, outfall sewers, sewer collection systems, pumping, power or other equipment and appurtenances; extension, improvements, remodeling, additions and alterations thereof; elements essential to provide reliable recycle supply such as a stand-by treatment unit and clear well facilities; and any works, including land, that will be an integral part of a treatment process or is used for ultimate disposal of residues resulting from such treatment; and including combined stormwater and sanitary sewer systems.
48. "Twenty-four (24) hour flow of proportional composite sample." A sample consisting of several effluent proportions collected during a twenty-four (24) hour period in which the portions of a sample are proportional to the flow and combined to form a representative sample.
49. "Unpolluted water." Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the State of Tennessee or the Environmental Protection Agency having jurisdiction thereof for disposal to storm or natural drainage, or directly to surface waters.
50. "User," shall mean any occupied property or premise having a connection to the sewer system or having access thereto.
51. "Waste," includes sewage and any and all other waste substances, liquid, solid, or gaseous, or radioactive, associated with human habitation, of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers or whatever nature prior to, and for purposes of, disposal.
52. "Wastewater" shall mean the water carried wastes from residences, business buildings, institutions and industrial establishments, singular or in any combination, together with such ground, surface and storm water as may be present.
53. "Wastewater constituents and characteristics." The individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters as served to define, classify or measure the contents, quantity, quality and strength of wastewater.
54. 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. # _____, Oct. 1980)