Section 134-3 DEFINITIONS; ABBREVIATIONS.


A.    The definitions as used in Chapter 134, Sewers and Water, pertaining to sewer and water shall be as follows for both domestic and industrial users, unless otherwise specifically indicated:

    ACT or THE ACT  - The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. Section 1251 et seq.

    ADMINISTRATIVE OFFICER (ADMINISTRATOR) - The person designated by the Front Royal Town Manager, or his duly authorized deputy, to administer, implement and enforce the provisions of this Article.

    APPROVAL AUTHORITY - The Virginia Department of Environmental Quality (Virginia DEQ).

    AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER:

    1. Includes:

 a. The President, Secretary, Treasurer or Vice President of a corporation in charge of a principal business function or any other person who performs similar policy-making or decision-making functions for the industrial user;

 b. The manager of one (1) or more manufacturing,  production or operation facilities, if authority to  sign documents has been assigned or delegated to that  manager by binding written instrument;

 c.  The general partner or proprietor of a partnership,  association or sole proprietorship;

d. The director or highest official appointed or  designated to oversee the activities of a federal, state or local  government entity or a political  subdivision thereof; or
 
 e.  The managing member or other member of a limited liability company.

(Ord. 2-05 Added (e) 12-20-04-Effective Upon Passage)

    2. The individuals described above may designate another authorized representative, if the authorization is in  writing and the authorization specifies the individual or position responsible for the overall operation of the  facility from which the discharge originates, or the  authorization may specify the individual having overall responsibility for environmental matters for the user. All written authorizations must be submitted to the Town of Front Royal for inspection prior to any action being  taken by an authorized representative.

    BIOCHEMICAL OXYGEN DEMAND (BOD) - As determined by Standard Methods, the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure during a period of five (5) days expressed in terms of weight and concentration (milligrams per liter).

    BUILDING SEWER - That part of the lowest horizontal piping of a drainage system that receives the discharge from wastewater pipes and other drainage pipes inside the walls of the building and conveys it to the lateral sewer.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which applies to a specific category of users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 - 471.

    CFR - Code of Federal Regulations.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    COD (chemical oxygen demand) - The measure, expressed in mg/L of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific approved test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    COLLECTOR SEWER - A sewer designed and constructed to receive sewage from the building connections or laterals and other "collector sewers" and carry it to an interceptor sewer or the  point of disposal.  A "collector sewer" normally serves only a portion of one (1) drainage area or basin.

    COLOR - The optical density at the visual wavelength of  maximum absorption, relative to distilled water.  One- hundred-percent transmittance is equivalent to zero (0)  optical density.

    COMPOSITE SAMPLE - The sample resulting from the combination of individual wastewater samples taken at selected intervals (within a 24-hour period) based either on an increment of flow or time.

    CONTROL AUTHORITY - Refers to the Administrator of the municipal wastewater system.

    CONTROL MANHOLE - A manhole giving access to a building sewer at some point before the sewer discharge mixes with other discharges in the public sewer.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)    

    CONTROL POINT - A point of access to a source of discharge before the discharge mixes with other discharges in the public sewer.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

     COOLING WATERS - The water discharge from any use, such as air conditioning, cooling or refrigeration or to which the only  pollutant added is heat.

    DOMESTIC SEWAGE - Waterborne wastes normally discharging from the sanitary conveniences of dwellings and all other buildings and facilities, free from stormwater, surface water or industrial waste. "Domestic sewage" shall contain fewer than two hundred fifty (250) parts per million of BOD and  three hundred (300) parts per million suspended solids and shall originate from the normal bathing,  washing, cooking and toilet activities of individuals.

    DOMESTIC USER - A user of the Front Royal municipal wastewater system who discharges non-industrial, domestic wastes into said system.

    EXISTING SOURCE - Any source of discharge, the construction or operation of which commences prior to the publication of public Categorical Pretreatment Standards under Sections 307(b) and (c) (33 U.S.C. Section 1317) of the Act which would be applicable to such source if the standard is thereafter  promulgated in accordance with Section 307 of the Act.

    GRAB SAMPLE - A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

    GARBAGE - Animal and vegetable waste and residue from the preparation, cooking and dispensing of food and from the handling, processing, storage and sale of food products and produce.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    HOLDING TANK WASTE - Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.

    INCOMPATIBLE WASTE  - A waste which is not susceptible to adequate treatment by the wastewater treatment plant.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    INDUSTRIAL USER - A user of the Front Royal municipal  wastewater system which discharges nondomestic, industrial wastes into said system, as regulated by Sections 307(b), (c) and (d) of the EPA Clean Water Act.

    INDUSTRIAL WASTE - All waterborne solids, liquids or gaseous wastes resulting from any industrial manufacturing or  commercial or food-processing operation or process or from the development of any natural resource, or any mixture of these wastes with domestic sewage or water.  Any sewage which does not meet the definition of domestic sewage shall be considered  "industrial waste," regardless of the source.

    INTERCEPTOR SEWER - A sewer designed and constructed to  intercept or receive sewage from all collector sewers and  laterals within one (1) or more drainage areas and carry it to a larger "interceptor sewer" or to the point of disposal.

    INTERFERENCE - A discharge which, alone or in conjunction with a discharge or discharges from other sources either: (1) inhibits or disrupts the POTW, its treatment processes, or operations or its sludge processes, use or disposal: or (2) therefore is a cause of a violation of any requirement of the POTWs NPDES/VPDES 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 all applicable statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations), including but not limited to the following: Section 405 of the EPA Clean Water Act, the Solid Waste Disposal Act (Including Title II, more commonly referred to as the Resource Conservation and Recovery Act, and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection Research and Sanctuaries Act.

    LATERAL SEWER - See Sewer Lateral definition.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    MEDICAL WASTE - Isolation waste, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, etiologic agents, potentially contaminated  laboratory waste and dialysis waste.

    MILLIGRAM PER LITER (mg/L) - The same as parts per million when the specific gravity of the liquid is 1.0, and is a weight-to-volume ratio; the milligram per Liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    MUNICIPAL WASTEWATER SYSTEM - A treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is  owned by the Town of Front Royal, including any devices or systems used in the collection, storage, treatment, recycling and reclamation of domestic sewage or industrial waste and any conveyances which convey wastewater to a treatment plant.

    NEW SOURCE:

    1. Any source of a discharge, the construction of which commenced after the publication of proposed Categorical  Pretreatment Standards under Section 307(c) of the Act [33  U.S.C. Section 1317(c)] which will be applicable to such source if the standard is thereafter promulgated in  accordance with Section 307(c), provided that:

a. No other source is located at that site;

b. The source completely replaces the process or production equipment of an existing source at that site; or

c. The new wastewater generating process of the source is substantially independent of an existing source at that site; and the construction of the source creates a new facility rather than modifying an existing source at that site.

    2. For purposes of this definition, construction or operation has commenced if the owner or operator has:

        a. Begun or caused to begin as part of a continuous on-site construction program:

          [1] Any placement, assembly or installment 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

       b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 definition.

    NORMAL USE - Any user discharging waste of a strength less than or equal to that of normal wastewater and at a flow rate of less than twenty-five thousand (25,000) gallons per day.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    NORMAL WASTEWATER - Wastewater discharged into the public sewer in which none of the following average concentrations and flows are exceeded:

    1. BOD: Less than or equal to two hundred fifty (250) mg/L;

    2. Suspended solids: Less than or equal to three hundred (300) mg/L;

    3. Flow: Less than twenty-five thousand (25,000) gallons per day;

    4. No toxic or harmful substances are present.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    NPDES PERMIT - National Pollutant Discharge Elimination System Permit.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    PASS-THROUGH - A discharge which exits the treatment plant then enters waters of the United States in quantities or concentrations which, alone or in conjunction with an indirect discharge or discharges from other sources, is a cause of a violation of any requirement of the Town's VPDES permit (including an increase in the magnitude or duration of a violation).

    PERSON - Any individual, partnership, corporation, firm, company, association, joint-stock company, trust, estate or  any other legal entity, and his or its representatives, agents or assigns, specifically to include all federal, state or  local governmental entities.

    PLANT - The Town of front Royal Wastewater Treatment Facility.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    POLLUTANT - Any dredged spoil, solid waste, incinerator  residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical  wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and agricultural waste and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).

    PRETREATMENT STANDARD AND REQUIREMENTS - All applicable federal rules and regulations (including specifically those regulations found in 40 CFR, Chapter 1, Subchapter N, Parts 405-471) implementing Section 307 of the Federal Water Pollution Control Act and the Clean Water Act of 1977, including prohibited standards, as amended, as well as nonconflicting state and local standards. In case of conflict or regulations, the most stringent thereof shall be applied.

    PRETREATMENT OR TREATMENT - The reduction of the amount of the pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater, thereby rendering the pollutants less harmful to the municipal wastewater system prior to introducing pollutants into said  system.  The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes or by other means, but not by diluting the concentration of  pollutants, unless allowed by an applicable "pretreatment" standard.

    PROHIBITIVE DISCHARGE STANDARDS OR PROHIBITIVE DISCHARGE - Absolute prohibitions against the discharge of certain types of industrial wastewater as specifically set forth in this Article.

    RECEIVING STREAM OR WATER 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 or public or private, which are contained within, flow through or border upon the state or any portion thereof.

    SANITARY SEWER - A pipe or conduit which carries domestic sewage and/or industrial waste and to which stormwater, surface water and  groundwater and other unpolluted waters are not intentionally admitted.

    SEWER LATERAL - A pipe which receives sewage from a building and carries it to the collector or interceptor sewer.

    SIGNIFICANT INDUSTRIAL USER - This term means:

    1.  All Categorical Users; and

    2.  Non-Categorical Users that:

         a.  Discharge twenty-five (25,000) gallons or more of process wastewater per day; or

b.  Discharge process wastewater which makes up five (5) percent or more of the dry weather average hydraulic or organic capacity of the treatment works; or

c.  Have in the Town's opinion, a reasonable potential to adversely affect the treatment works (causing pass-through, interference, sludge contamination or danger to the POTW).

    SIGNIFICANT NON-COMPLIANCE - Industrial user violations meeting one or more of the following criteria:

    1. Sixty-six percent (66%) or more of wastewater  measurements taken during a six-month period exceed  the discharge limit for the same pollutant parameter by any amount.

    2. Thirty-three percent (33%) or more of wastewater measurements taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable criteria  [one and four-tenths (1.4) for BOD, TSS, fats, oils and grease, and one and two-tenths (1.2) for all other pollutants except pH].

    3. Any other discharge violation that the Town believes has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Town personnel or the  general public).

    4. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Town's exercise of its emergency authority to halt or prevent such a discharge.

    5. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction or  attaining final compliance.

    6. Failure to provide, within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on  compliance with compliance schedules.

    7.  Failure to report noncompliance.

    8. Any other violation or group of violations which the Town determines will adversely affect the operation or implementation of the pretreatment program.

(Ord. No. 2-05 Added (8) 12-20-04-Effective Upon Passage)

    SLUG LOAD OR SLUG - Any pollutants (including BOD) released in a discharge flow rate or concentration which would cause a violation of specific discharge prohibitions.

    STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE - A  classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States or the Federal Office of  Management and Budget (OMB).

    STANDARD METHODS - The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    STORMWATER - Any flow occurring during or following any form of natural precipitation or resulting therefrom, including snowmelt.

    SUSPENDED SOLIDS - Solids measured in mg/L. The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquid and which is removable by laboratory filtering.

        TOWN - The Town of Front Royal, Virginia, which may act through its Town Manager or his or her duly authorized agents.

    TO DISCHARGE  - Includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)

    TOXIC POLLUTANT - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the  Environmental Protection Agency under the provisions of Section 307 of the Act (33 U.S.C. Section 1317).

    TREATMENT PLANT EFFLUENT - Any discharge of pollutants from  the municipal wastewater system designed to provide treatment of domestic sewage and industrial waste.

    UNPOLLUTED WASTEWATER - Water containing:

    1.  No free or emulsified grease or oil.

    2.  No acids or alkalis.

    3.  No phenols or other substances producing taste or odor in the receiving water.

    4.  No toxic or poisonous substances in suspension, colloidal state or solution.

    5.  No noxious or otherwise obnoxious or odorous gases.

    6.  Not more than ten (10) mg/L each of suspended solids and BOD.

    7. Color not exceeding fifty (50) units, as measured by the platinum-cobalt method or determination as specified in Standard Methods.

(Ord. No. 2-05 Added 12-20-04-Effective Upon Passage)
    
    USEPA (or EPA) - The United States Environmental Protection Agency, or a duly authorized official of said agency.

    USER - Any person who contributes or causes or allows the contribution of sewage or industrial wastewater into the municipal wastewater system, including persons who contribute such wastes from mobile sources.

    WASTEWATER - The liquid in water-carried industrial waste or domestic sewage, whether treated or untreated, which is  contributed to the municipal wastewater system.

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

    BOD    - Biochemical Oxygen Demand
    CFR     - Code of Federal Regulations
    COD     - Chemical Oxygen Demand
    EPA     - United States Environmental Protection Agency
    gpd     - Gallons per day
    L         - Liter
    mg      - Milligrams
    mg/L      - Milligrams per liter
    O & M - Operation and Maintenance
    pCi       - Common Unit of Radioactivity
    pH        - Measure of Acidity or Alkalinity of A Substance
    POTW - Publicly Owned Treatment Works
    RCRA  - Resource Conservation and Recovery Act
    SIC     - Standard Industrial Classification
    SWDA - Solid Waste Disposal Act (42 U.S.C. Section 6901 et seq.)
    TSS     - Total Suspended Solids
    USC     - United States Code
    VPDES- Virginia Pollutant Discharge Elimination System

(Ord. No. 4-92 Amended Entire Section 4-27-92-Effective Upon Passage)
(Ord. No. 2-05 Amended Entire Section 12-20-04-Effect i ve Upon Passage)