Legal Documents of White Pine

1. Definitions. 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 an 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; or
      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. "BOD." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20°C expressed in terms of weight and concentration (milligrams per liter).
   5. "Building drain." The part of the lower horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1-5 meters) outside the inner face of the building wall.
   6. "Building sewer." The extension from the building drain to the public sewer or other place of disposal.
   7. "Categorical standards." National categorical pretreatment standards or pretreatment standard.
   8. "Combined sewer." A sewer receiving both surface runoff and sewage.
   9. "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 town's NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove such pollutants.
   10. "Control authority." The "approval authority," defined hereinabove, or the city manager if the town has an approved pretreatment program under the provisions of 40 CFR 403.11.
   11. "Conventional pollutants." Those pollutants normally found.
   12. "Cooling water." The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.
   13. "Direct discharge." The discharge of treated or untreated wastewater directly to the waters of the State of Tennessee.
   14. "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.
   15. "Garbage." Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
   16. "Grab sample." A sample that 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. "Incompatible pollutant." Any pollutant that 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 Section 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 pretreatment." Any necessary treatment processes performed on the industrial wastes by the industrial user prior to discharge into the public sewers in accordance with federal, state, and local regulations.
   21. "Industrial user." A source of indirect discharge that does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402 of the Act (33 U.S.C. 1342).
   22. "Industrial wastes." The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewer.
   23. "Inhibition." Any pollutant that might impair, effectively reduce, or terminate the biological process and/or biological operation of the sewage treatment plant.
   24. "Interference." The inhibition or disruption of the POTW treatment processes or operations that contributes to a violation of any requirement of the town'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), 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.
   25. "Monitoring." Any method of sampling and analyzing of industrial waste, discharged into the sanitary sewer by industrial users, employed by the town to enforce industrial pretreatment regulations.
   26. "National categorical pretreatment standard or pretreatment standard." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) that applies to a specific category of industrial users.
   27. "National pollution discharge elimination system or NPDES permit." A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
   28. "National prohibitive discharge standard or prohibitive discharge standard." Any regulation developed under the authority of 307 (b) of the Act and 40 CFR, Section 403.5.
   29. "Natural outlet." Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
   30. "New source." Any source whose construction is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. 1317) categorical pretreatment standard that will be applicable to such source, if such standard is thereafter published within 120 days of proposal in the Federal Register.
   31. "Pass through." Any pollutant that enters the sewage works and is not totally removed before entering the receiving stream.
   32. "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.
   33. "pH." The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
   34. "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 discharged into water.
   35. "Pollution." The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
   36. "POTW treatment plant." That portion of the POTW designed to provide treatment to wastewater.
   37. "Pretreatment requirements." Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
   38. "Priority pollutants." Shall mean any of the one hundred twenty-nine (129) pollutants that affect stream quality or stream life in the receiving stream and its subsequent waters.
   39. "Properly shredded garbage." The wastes from the preparation, cooking, and dispensing of foods which have 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 (1/2) inch (1.27 centimeters) in any dimension.
   40. "Publicly owned treatment works (POTW)." A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) that 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 town's POTW.
   41. "Public sewer." A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
   42. "Receiving stream." The natural stream or watercourse that accepts the discharge from the sewage treatment plant.
   43. "Sanitary sewer." A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
   44. "Sewage." A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
   45. "Shall" is mandatory; "may" is permissive.
   46. " 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.
   47. "State." State of Tennessee.
   48. "Storm water." Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   49. "Superintendent." The person designated by the town to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this section, or his duly authorized representatives.
   50. "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.
   51. "Town." The Town of White Pine, Tennessee, the mayor, the wastewater treatment plant superintendent, or their duly authorized representative.
   52. "Town mayor." The duly authorized representative of the Town of White Pine.
   53. "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 CWA 307(a) or other acts.
   54. "Twenty-four (24) hour flow proportional composite sample." Incremental samples with sample volumes proportional to flow are collected over a 24-hour period. This type of sample, when analyzed and compared to total flow, provides the most accurate measure of wastewater quality and pollutant loading.
   55. "User." Any person who contributes, causes, or permits the contribution of wastewater into town's POTW.
   56. "Wastewater." The liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated that is contributed into or permitted to enter the POTW.
   57. "Wastewater contribution permit." As set forth in § 18-207 (10) of this chapter.
   58. "Waters of the state." All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquafiers, 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.

2. Abbreviations. The following abbreviations shall have the designated meanings:

   BOD	-	Biochemical oxygen demand
   CFR	-	Code of Federal Regulations
   COD	-	Chemical oxygen demand
   EPA	-	Environmental Protection Agency
   l	-	Liter
   mg	-	Milligrams
   mg/l	-	Milligrams per liter
   NPDES	-	National Pollutants Discharge Elimination System
   POTW	-	Publicly owned treatment works
   SIC	-	Standard Industrial Classification
   SWDA	-	Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
   TSS	-	Total suspended solids
   USC	-	United States Code

(1978 Code, § 13-202)