(1) “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.

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

(3) Authorized Representative of the Industrial User.

(4) “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).

(5) “Building drain” means that part of the lowest horizontal piping of a drainage system which 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 feet (1.5 meters) outside the inner face of the building wall.

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

(7) “Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users and which appears in 40 CFR Chapter 1, Subchapter N, Parts 405 – 471, incorporated herein by reference.

(8) “City” means the city of North Bend or the city council of North Bend.

(9) “Color” means the optical density at the visual wave length of maximum absorption relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

(10) “Combined sewer” means a sewer that is designed as a sanitary sewer and a storm sewer.

(11) “Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.

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

(13) “Control authority” shall refer to the superintendent once the city has a pretreatment program approved by the Oregon DEQ according to the provisions of 40 CFR 403.11.

(14) “Department of Environmental Quality” or “DEQ” means the Oregon Department of Environmental Quality or, where appropriate, the term may also be used as a designation for the director of the department or other duly authorized official of the department.

(15) “Discharge” means the discharge or the introduction of pollutants into the municipal wastewater system from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

(16) “Environmental Protection Agency” or “U.S. EPA” means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the regional water management division director or other duly authorized official of said agency.

(17) “Existing source” means any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under Section 307(b) and (c) of the Act (33 U.S.C. 1317) which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

(18) “Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(19) “Grab sample” means 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.

(20) “Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, recreational vehicles and vacuum-pump tank trucks.

(21) “Industrial user” means any person which is a source of discharge.

(22) “Industrial wastewater” means a nondomestic wastewater originating from a nonresidential source.

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

(24) “Medical waste” means isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

(25) “Municipal wastewater system” or “systems” means a “treatment works” as defined in Section 212 of the Act (33 U.S.C. 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the system.

(26) New Source.

(27) “Nondomestic pollutants” means any substances other than human excrement and household gray water (shower, dishwashing operations, etc.). Nondomestic pollutants include the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor).

(28) “Pass through” means a discharge which exits the treatment plant effluent into waters of the U.S. 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 city’s NPDES (including an increase in the magnitude or duration of a violation).

(29) “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. This definition includes all federal, state, or local governmental entities.

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

(31) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and agricultural wastes.

(32) “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 prior to or in lieu of introducing such pollutants into the municipal wastewater system. This reduction or alteration may be obtained by physical, chemical or biological processes, by process changes, or by other means.

(33) “Pretreatment requirement” means any substantive or procedural requirements related to pretreatment, other than categorical standards and prohibitive discharge standards, imposed on an industrial user.

(34) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ and/or the superintendent.

(35) “Properly shredded garbage” means 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 one-half inch in any dimension.

(36) “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(37) “Receiving stream” or “water 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 of Oregon or any portion thereof.

(38) “Residential users” means persons only contributing sewage wastewater to the municipal wastewater system.

(39) “Sanitary sewer” means a conduit intended to carry liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not intentionally admitted.

(40) “Sewage” means human excrement and gray water (household showers, dishwashing operations, etc.).

(41) “Sewage works” means all facilities for collecting, pumping, treating, and disposing of sewage.

(42) “Sewer” means a pipe of conduit for carrying sewage.

(43) “Shall” is mandatory; “may” is permissive.

(44) Significant Industrial User.

(45) “Slug load” means any pollutant (including BOD) released in a nonroutine, episodic, or noncustomary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in NBCC 13.12.020.

(46) “State” means the state of Oregon.

(47) “Storm sewer” (sometimes termed storm drain) means a sewer designed to carry only stormwaters, surface run-off, street wash waters and drainage.

(48) “Stormwater” means any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.

(49) “Superintendent” means the person designated by the city to supervise the operation of the municipal wastewater system and who is charged with certain duties and responsibilities by this chapter or his duly authorized representative.

(50) “Suspended solids” or “total suspended solids (TSS)” means 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.

(51) “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 provision of Section 307 of the Act (33 U.S.C. 1317).

(52) “Treatment plant” means that portion of the municipal wastewater system designed to provide treatment of sewage and industrial waste.

(53) “Treatment plant effluent” means any discharge of pollutants from the municipal wastewater system into waters of the state.

(54) “User” means 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.

(55) “Wastewater” means the liquid and water-carried industrial wastes, or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which is contributed to the municipal wastewater system.

(56) “Watercourse” means a channel in which a flow of water occurs either continually or intermittently. (Ord. 1934 § 2.1, 2005; Ord. 1770 § 1, 1991; Ord. 1698 § 1, 1985; Ord. 1104 § 1, 1958)