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

“Act” or “The Act” means the Federal Water Pollution Control Act, also known as The Clean Water Act, 33 U.S.C. §1251 et seq., as amended.

“Administrative fine” means a fine assessed by the Director against a User for violating one or more of the provisions of this Chapter.

“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. A.S.T.M. The American Society for Testing and Materials.

“Authorized representative of an industrial user” may be:

a. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

b. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

c. 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.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty degrees centigrade (20/C), usually expressed in terms of weight and concentration (milligrams per liter (mg/L). Laboratory determinations shall be made in accordance with procedures set forth in standard methods.

“Biosolid” means a primarily organic solid product, produced by wastewater treatment processes that can be beneficially recycled. (Previously referred to as “sludge”.)

“Building or lateral sewer” means a sewer conveying the wastewater of a user from a resident building or other structure to a POTW sewer line, including direct connections to a POTW sewer where permitted by the POTW. A lateral sewer is a building sewer line. The lateral sewer extends from the outside wall of a building to a POTW line.

“Business classification code (BCC)” means a classification of dischargers based on the 1972 Standards Industrial Classification Manual, Bureau of the Budget of the United States of America.

“Categorical pretreatment standards or categorical standards” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307 b. and c. of the Act (33 U.S.C. §1317) as amended, which apply to a specific category of user and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. National Categorical Pretreatment Standards or Pretreatment Standards.

“Categorical user” means any user subject to categorical pretreatment standards or categorical standards.

“Chemical oxygen demand (COD)” means the oxygen equivalent of that portion of organic matter in a wastewater sample that is susceptible to oxidation by a strong chemical oxidant.

“City” means the City of Lindon, Utah. “In the City” shall mean and include all territory over which the City now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

“City Manager” means the City Manager of the City of Lindon, or his or her designee.

“Chlorine Demand” means the amount of chlorine required to produce a free chlorine residual of 0.1 mg/L after a contact time of 15 minutes as measured by the DPD (N,N, Diethylp-Phenylene-Diamine) Method on a sample at a temperature of 20 degrees centigrade in conformance with standard methods.

“Compatible Pollutant” means Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the Publicly Owned Treatment Work’s NPDES permit, where the POTW is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by its NPDES permit.

“Construction standards” means the general construction requirements adopted by the POTW for installation of wastewater facilities.

“Contamination” means an impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the environmental and/or public health through poisoning or through the spread of disease, as described in Standard Methods.

“Control authority” means the term “control authority” shall refer to the “Approval Authority”, defined herein above; or the Director, if the POTW has an approved Pretreatment Program under provisions of 40 CFR, 403.11.

“Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, to which the only pollutant added is heat.

“Council” means the City Council of the City of Lindon, Utah.

“Direct Discharge” means the discharge of treated or untreated wastewater directly into the waters of the State of Utah.

“Director” means the director of public works of the City of Lindon or his duly appointed deputy, agent or representative.

“Discharger” means any person who discharges or causes the discharge of wastewater into a POTW sewer system.

“Easement” means an acquired legal right for the specific use of land owned by others.

“Environmental Protection Agency, or EPA” means 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.

“Floatable oil" means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

“Garbage” means every waste accumulation of animal, fruit or vegetable matter, or food, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fruit, vegetables or edible materials.

“Grab sample” means 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.

“Holding tank sewage” means any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, sealed vaults, and vacuum-pump tank trucks.

“Incompatible pollutant” means all pollutants other than compatible pollutants as defined under compatible pollutant.

“Indirect discharge” means the discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b), (c), or (d) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank sewage discharged into the system). Industrial user. Any user that discharges wastewater from commercial and/or industrial processes.

“Industrial waste permit” means a permit to deposit or discharge industrial waste into any sanitary sewer under jurisdiction of the City.

“Industrial waste surcharge” means a charge, as outlined in Article 7, levied on industrial users of the wastewater treatment works for the additional cost of treating waste discharges of abnormal strength wastewater. This charge includes capital, as well as operating and maintenance costs.

“Industrial wastes” means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

“Inspector” means an authorized inspector of the City.

“Interference” means the inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the POTW NPDES Permit. The term includes prevention of sewage biosolid use or disposal by the POTW in accordance with Section 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 biosolid management plan prepared pursuant to Title IV of SWDA) applicable to the method of treatment and disposal or use employed by the POTW.

“Main sewer” means a sewer that receives wastewater from the collecting sewer.

“Manager” means the POTW Manager or his designated representative.

“Maximum cap” means the maximum cap designates when the user will be considered in violation of their permit.

“National categorical pretreatment standard or pretreatment standard” means 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) which applies to a specific category of Industrial User.

“National prohibitive discharge standard or prohibitive discharge standard” means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.

“Natural outlet” means any outlet, including storm sewers and combined sewer overflows, into a water course, pond, ditch, lake or other body of surface or groundwater.

“New source” means 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 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 sight 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 or wastewater generating processes of the building, structure, facility or installation is 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.

“National pollution discharge” means elimination system or NPDES Permit. A permit issued pursuant to section 402 of the Act (33 U.S.C. 1342).

“Pass through” means a discharge which exits the POTW into the waters of the United States in quantities which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.

“Person” means 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, the singular shall include the plural where indicated by context.

“pH” means a measure of the acidity or alkalinity of a solution, numerically equal to 7 for neutral solutions, increasing with increasing alkalinity and decreasing with increasing acidity. The pH scale commonly in use ranges from 0 to 14.

“Pollution or pollutant” means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water, including, but not limited to, any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage biosolids, 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.

“Potential heavy metal contributor” means (“PHMC”). Any User that may, through normal business operations, discharge heavy metals into the POTW. Examples of PHMC Users include, but are not limited to:

•. Automotive repair shops, including auto body and transmission businesses

•. Bus Depots

•. Radiator repair shops

•. Tire centers

•. Battery Outlets

•. Car and Truck washes

•. Machine shops

•. Equipment rental centers

•. Small engine repair shops

•. Recreational rental and/or repair centers

•. Any industry that has process flow with detectable metal concentrations.

•. Schools that teach mechanics or engine repair

“Pretreatment or treatment” 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 of alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR Section 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.

“Pretreatment standards or standards” means prohibited discharge standards, categorical pretreatment standards, and local limits.

“Process wastewater” means any wastewater discharge which during manufacturing or processing comes into direct contact with, or results from the production or use of, any raw material, intermediate product, finished product, byproduct, or waste product.

“Process wastewater pollutants” means pollutants present in process wastewater. Properly shredded garbage. The wastes from the preparation, cooking and dispensing of food that 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 ½ inch (1.27 centimeters) in any dimension.

“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1291) which the city owns or has contractual rights to use, having statutory authority to collect and treat wastewater. This definition includes the wastewater treatment plant, all lift stations, all equipment, machinery and appurtenances to the plant and the lift stations, and any wastewater lines and appurtenances used in the conveyance of wastewater to the treatment plant, except building or lateral sewer lines. For the purposes of this Chapter, POTW shall also include any wastewater lines that convey wastewater to the POTW from persons outside the POTW boundaries who are by contract or agreement with the POTW actual users of the POTW.

“POTW governing authority” means the term”POTW Governing Authority” shall refer to the City Council for those portions of the POTW owned by Lindon City, and to the Orem City Council for those portions of the POTW owned by Orem City.

“POTW treatment plant” means that portion of the Publicly Owned Treatment Works designed to provide treatment for wastewater.

“Receiving water quality requirements” means requirements for the POTW’s treatment plant effluent established by the POTW or by applicable State or Federal regulatory agencies for the protection of receiving water quality. Such requirements shall include effluent limitations, and waste discharge standards, requirements, limitations, or prohibitions which may be established or adopted from time to time by State or Federal laws or regulatory agencies.

“Residential user” means a user under 25,000 gallons per month which is free from industrial waste, and of such character as to permit satisfactory disposal without special treatment into the public wastewater system. Disposal flow of a residential user is based on the winter-time culinary water usage.

“Sanitary sewer” means the pipe or conduit system and appurtenances, for the collection, transportation, pumping, and treatment of wastewater. This definition shall also include the terms “public sewer”, “sewer system”, “POTW sewer” and “sewer”.

“Sewer” means a pipe or conduit that carries wastewater or drainage water.

“Significant Industrial User” means (1) Any industrial users subject to categorical pretreatment standards; or (2) any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater), contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plan, or has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standards or requirement (see 40 CFR 403.3(t)); or (3) an industrial user that has in its wastes, toxic pollutants as defined pursuant to Section 307 of the Act or Utah Statutes and rules, or (4) an industrial user that is found by the POTW, Utah State Water Pollution Committee, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of biosolids, the system’s effluent quality, or air emissions generation by the system.

“Sludge” means settleable solids separated from liquids during natural or manmade processes.

“Slug” means a slug discharge is any discharge of non-routine, episodic nature, including but not limited to an accidental spill or non-customary batch discharge (see 40 CFR 403.8(f)(2)(v)).

“Standard methods” means Procedures described in the latest edition of “Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation, or such other procedures as may be adopted by the POTW, State of Utah.

“Standard industrial classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. Storm sewer. A sewer that carries only storm, surface and ground water drainage.

“Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.

“Surcharge mode” means Surcharge mode designates when the user will begin being subject to surcharges.

“Suspended solids” means 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 in accordance with procedures set forth in Standard Methods.

“Toxic pollutants” means any pollutant or combination of pollutants listed in Schedule I as toxic or in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act.

“Unpolluted water” means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

“User” means any person who contributes, causes or permits the contribution of wastewater into the POTW.

“Viscosity” means the property of a fluid that resists internal flow by releasing counteracting forces.

“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, institutions, recreational vehicles and other human occupied premises. The term shall include the substance commonly referred to as sewage or sewerage.

“Wastewater facilities” means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

“Wastewater strength” means the quality of wastewater discharged as measured by its elements, constituents and characteristics.

“Wastewater treatment works” means an arrangement of devices and structures for treating wastewater, industrial wastes, and biosolids. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollution control plant.”

“Watercourse” means a natural or artificial channel for the passage of water either continuously or intermittently.

“Waters of the State” means all streams, lakes, ponds, marshes, water courses, 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 or any portion thereof.