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For the purposes of this chapter, the following words, phrases, abbreviations, terms and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine:

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

“Applicant” means a person who applies for sewer service or a sewer connection.

“Approval authority” means the Oregon Department of Environmental Quality (DEQ).

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/L)).

“Building sewer” means a sewer conveying wastewater from the premises of a user to the POTW.

“City” means the City of Millersburg, a municipal corporation of the State of Oregon.

“City Engineer” means the person designated by the Millersburg City Manager who is charged with certain duties and responsibilities by this chapter, or the duly authorized representative.

“City Manager” means the person designated by the Millersburg City Council to act as the administrative head of the City government and who is charged with certain duties and responsibilities by this chapter, or the duly authorized representative.

“Commercial unit” means each portion of a commercial use that has plumbing fixtures connected to the sanitary sewer system and which is designated for occupancy based upon a property right. Property right for the purposes of this definition includes ownership, a leasehold interest, or any contractually based right to occupancy of 12 or more hours in any 24-hour period.

“Commercial user” means any person who contributes, causes, or permits the contribution of wastewater into the City’s POTW which by nature of the services rendered is of a dissimilar volume or chemical makeup than that of a domestic user. Examples of commercial users may include, but are not limited to, restaurants, grocery stores, and car washes.

“Control authority” means the City Manager for the City of Millersburg.

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

“Direct discharge” means the discharge of treated or untreated wastewater directly to the waters of the State of Oregon.

“Director” or “Director of Public Works” means the person designated by the Albany City Manager to supervise the Albany Public Works Department and who is charged with certain duties and responsibilities by this chapter, or the duly authorized representative.

“Discharge” means the discharge or introduction of pollutants into the municipal wastewater treatment system from any user.

“Discharger/industrial discharger” means any nondomestic user who discharges an effluent into the wastewater treatment system by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

“Domestic sewage” or “domestic wastewater” means the liquid and waterborne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private sewage disposal system.

“Domestic user” means any person who contributes, causes, or permits the contribution of wastewater into the City’s POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 75 gallons per capita per day, 0.20 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day. Generally, there are only trace quantities of other organic or inorganic solids or chemicals.

“Domestic water supply” means any water supply system which serves potable water and may include, for the purposes of this chapter, wells which supply potable water.

“Dwelling unit,” for the purpose of calculating fees and charges associated with this chapter, shall be defined as any place of human habitation designed for occupancy based upon separate leases, rental agreements, or other written instruments.

“Environmental Protection Agency (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.

“Garbage” means the residue from the preparation and dispensing of food, and from the handling, storage, and sale of food products and produce.

“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.

“Industrial user” means any person, including a waste hauler, who discharges wastewater that is not domestic wastewater.

“Industrial waste” means solid, liquid, or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery, or processing of natural resources.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes; use or disposal; and

(b) Is a cause of a violation of any requirements of the 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 (or more stringent State or local regulations): Section 405 of 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.

“National pretreatment standard” is defined in 40 CFR 403.3(j) as any regulation containing pollutant discharge limits promulgated by the EPA under Section 307(b) and (c) of the Clean Water Act applicable to industrial users, including the general and specific prohibitions found in 40 CFR 403.5.

“Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

“Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.

“Pass through” means the occurrence of an indirect discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, 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).

“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 the context.

“pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

“Plumbing fixture” means approved receptacle or devices intended to receive water, liquids or other permissible wastes, and which discharge the same into the soil pipe, waste pipe, or special waste pipe with which they are connected and shall include all floor drains.

“Pollutant” means any dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater 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.

“Pretreatment” 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.

“Prohibited discharges” means absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ, and/or the City Engineer.

“Publicly owned treatment works (POTW)” means any wastewater treatment works and the sewers, conveyances, and appurtenances discharging thereto, owned and operated by the City.

“Septage” means either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Septage does not include liquid or solid material removed from a septic tank, cesspool, or similar holding tank that receives industrial waste and does not include grease removed from a grease trap at a restaurant.

“Service lateral” means any pipe between the main sewer lines of the City and the user’s plumbing facilities.

“Sewage” means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, storm, or other waters as may be present.

“Sewer” means any pipe, conduit, ditch, or other device used to collect and transport wastewater from the generating source.

“Sewer connection permit” means a permit issued to connect buildings or structures to a public sewer.

“Sewer, public” means a sewer provided by or subject to the jurisdiction of the City. It also includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge into the City sanitary sewer system, even though those sewers may not have been constructed with City funds.

“Sewer, sanitary” means a sewer that conveys only wastewater and into which storm, surface, and groundwaters are not intentionally admitted.

“Sewer, storm” means a sewer that conveys storm, surface, and groundwaters and into which wastewaters are not intentionally admitted.

“Sewer system facility plan” means the current version of the facility plan for the development of the wastewater treatment plant and sanitary sewer system as amended or updated.

“Sewer use charge” means the assessment levied on all users of the public sewer system.

“Sewerage” means the system of sewers and appurtenances for the collection, transportation, and pumping of wastewater.

Shall, May. “Shall” is mandatory; “may” is permissive.

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

“Total 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.

“Toxic pollutant” means one of the pollutants or combination of those pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency under the provisions of Section 307 (33 U.S.C. 1317) of the Act.

“Treatment plant” means that portion of the municipal wastewater treatment system designed to provide treatment to wastewater.

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

“Utility” means the City of Millersburg, a municipal corporation of the State of Oregon.

“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated, which are contributed into or permitted to enter the POTW.

“Wastewater treatment system” means any wastewater treatment works and the sewers, conveyances, and appurtenances discharging thereto, owned and operated by the City. Same as publicly owned treatment works (POTW).

“Waters of the State” means 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, or any portion thereof. (Ord. 156, passed 8-13-2019)