(B) Definitions. For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If this section expressly provides a different definition than ordinances or resolutions of the city, this section shall prevail. Certain terms are listed with reference to a specific statute or rule, which definitions are incorporated by reference.

• Act or The Act. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) amended.
• Affirmative Defense. The meaning and scope of 40 CFR 403.5(a)(2).
• Applicable Pretreatment Standards. For any specified pollutant, city prohibitive discharge standards, specific limitations on discharge, state pretreatment standards or categorical pretreatment standards, whichever standard is more stringent.
• Approval Authority. Oregon Department of Environmental Quality (DEQ).
• As Amended. The latest version of a statute, rule, or ordinance in effect on the date this sub-chapter is adopted. Citation of any statute or rule shall be deemed to be to the amended version.
• As Approved by the City.  The written approval by an authorized employee of the city, according to the provisions of this sub-chapter and other applicable standards, and based upon a written request by a user or permittee.
• Authorized Representative of a User. If the industrial user is a corporation, Authorized Representative shall mean:

(1) The president, secretary or a vice president of the corporation in charge of principal business function or any other person who performs similar policy or decision-making functions for the corporation; or

(2) The manager of one or more manufacturing, production or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(a) If the industrial user is a partnership, association or sole proprietorship, Authorized Representative shall mean a general partner or the proprietor.

(b) If the individual user is representing federal, state or local governments, or an agent thereof, an Authorized Representative shall mean a director or highest official, appointed or designated to oversee the operation and performance of the activities of the government facility.

(c) The individuals described in the divisions above may designate another Authorized Representative of the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company, and the authorization is submitted to the city.

• Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 ° C., expressed in terms of weight and concentration (milligrams per liter or mg/l).
• Building Drain. That part of the lowest horizontal piping of a drainage system which received the discharge from soil;, waste and other drainage pipes inside the walls of the building and conveys it to the building sewers, beginning five feet (1.5 meters) outside the inner face of the building walls.
• Building Sewer.The extension from the building drain to the public sewer or other place of disposal.
• Bypass. The intentional diversion of one or more waste streams or processes from any portion of an industrial user's treatment facility.
• Categorical Pretreatment Standards or Categorical Standards. Any regulations containing pollutant discharge limits promulgated by the USEPA in accordance with Sections 307 (b) and (c) of 33 U.S.C. 1317 which apply to a specific category of industrial users and which appears in 40 CFR Chapter 1, Sub-chapter N, Parts 405-47 incorporated herein by reference.
• Change in Use. Changes defined in development, and shall include conversion from residential to any other use including multi-family uses, and shall include an increase to change in the sewage strength, pH, character or potential discharge of hazardous substances.
• City. The City of Hermiston, Oregon, and shall consist of the City Manager or designated representative unless specifically referred to the City Council in the sub-chapter.
• Clarifier. An interceptor for oil and grease with sedimentation provision.
• Collection System. The system of public sewers to be operated by the city and designed for the collection of sanitary sewage.
• Color. The optical density at the visual wave-length of maximum absorption relative to distilled water. 100% transmittance is equivalent to zero optical density.
• Commercial. All buildings or structures which are not defined for the purposes of these sections as residential or industrial in keeping with the city's zoning and building code provisions.
• Commercial User. Any premises used for commercial business purposes that are not an industry as defined in this sub-chapter.
• Commercial Independent Discharge. Any business or industry that possesses an independent licensed and permitted wastewater discharge system. Any classification must maintain independent facilities with approval of appropriate regulatory agencies and provide discharge of domestic waste to the public treatment works.
• Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.
• Control Authority. The City of Hermiston, Oregon, or city.
• Cooling Water. The water discharged from any use to which the only pollutant added heat, such as air conditioning, heat exchangers, non-contact cooling water or refrigeration.
• Customer. Any individual, firm, company, association, society, corporation, group or owner, who receives utility services from the city such as water and sewer.
• Department of Environmental Quality (DEQ). Where appropriate, the term may be used as a designation for the Director of the Department or other duly authorized official of the Department.
• Development. The conversion or change in character of occupancy or use a building which would place the structure in a different building group as defined in the Uniform Building Code; the erection of a new structure; the demolishing of existing building for the conversion of property to a differing use; the creation of gasoline pumps, drive-up windows, traffic islands or similar alterations which channelize, alter or increase the traffic volume or pattern on adjacent roadways. Development, for purposes of this sub-chapter, shall not mean interior remodeling, repairs or maintenance of improvements to any existing structure that does not increase the volume of the structure. Specifically, exempted under the sub-chapter are building facades, roof or exterior wall repair or replacement, heating, ventilating or electrical alterations or activities similar in character.
• Development Site. An area consisting of a parcel or tract of land specifically identified by a person, as the land to be altered or developed. All required area to meet parking standards and similar requirements for a particular development shall be included in the tern however, the total property ownership of the proponent will not be considered on the site, if is not necessary to the development.
• Discharge. The Discharge or the introduction of pollutants into the municipal wastewater system from any non-domestic source regulated under Section 307 (b), (c) or (d), of the Act.
• Domestic or Sanitary Waste. The liquid and water-borne wastes derived from the ordinary living processes, free from industrial wastes and of the character as to permit satisfactory disposal, without special treatment, into the city wastewater system or by means of a private sewage disposal system.
• Dwelling Units. Any housing unit with sanitary and kitchen facilities design to accommodate one or more residents, multiple housing units, mobile homes and trail, spaces, but excluding commercial or transient housing units such as a hotel and motel units and retirement homes with ten or more units under one roof, containing therein a dining room facility regularly open a minimum of six days per week and designed for the use of the residents and their guests. Independent laundry facilities serving multi-family, mobile homes and trailer units shall be considered a Dwelling Unit.
• Environmental Protection Agency (USEPA or EPA). The U.S. Environmental Protection Agency.Where appropriate the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of the agency.
• Existing Source. 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 33 U.S.C. 1317 of the Act which will be applicable to the source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
• Garbage. All refuse and solid wastes, including ashes, rubbish in cans, debris generally; dead animals, street cleanings and industrial wastes and things ordinarily and customarily dumped; solid wastes from the domestic and commercial preparation, cooking, dispensing of food; and from the handling, storage and sale of produce, but not including sewage and body waste.
• 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 over a period of time not to exceed 15 minutes.
• Grease.Animal- or vegetable-derived oil or Grease.
• Indirect Discharge or Discharges. The meaning of 40 CFR 403.3(g).
• Industrial User or User. Any person which is a source of indirect discharge which also has the same meaning as defined in 40 CFR Part 403.3 (h).
• Industrial Wastewater . Any non-domestic wastewater originating from a non-residential source.
• Interceptor. A device designed and installed so as to adjust, separate and retain deleterious, hazardous or undesirable matter from sewage and to permit normal sewage liquid wastes to discharge from the user's premises into the public sewer system.
• Interference.  A discharge which, alone or in conjunction with a discharge or discharge from other sources both:

(1) Inhibits or disrupts the municipal wastewater system, its treatment processes operations, or its solids handling processes; use or disposal; and

(2) Therefore is a cause of a violation of any requirements of the NPDES permit (including an increase in magnitude or duration of a violation) or of the prevention of biosolids use or disposal in compliance with the following statutory provisions and regulations of permit issued thereunder (or more stringent state or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including Title H, 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, as defined in 40 CFR 403.3 (i).

• Local Limits/Specific Pollutant Limitations. Enforceable local requirements developed by POTW's to address federal standards as well as state and local regulations.
• Medical Wastes. Isolation wastes, infectious agents, human blood and blood byproduct pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
• National Pretreatment Standard, Pretreatment Standard, or Standard.. The meaning of 40 CFR Sec. 403.30 (j).
• National Prohibitive Standard or Prohibitive Discharge Standard . Any regulation developed under the authority of Section 307 (b) and (c) of the Act, 40 CFR 403.5, DEQ or by the city which prohibits the discharge of certain types or characteristics of wastewater.These prohibitions can be general or specific.
• New Source.

(1) 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 the source, if the standards are thereafter promulgated in accordance with this section provided that:

(a) The building, structure, facility or installation is constructed at a site where no other source is located;

(b) The building, structure, facility or installation completely replaces the process production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site in determining whether there are substantially independent factors as the extent to which a 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.

(2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure facility or installation meeting the criteria of the divisions above but otherwise alters, replaces or adds to existing process or production equipment.

(3)Construction of a New Source as defined under this division 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 installation of facilities or equipment; or

2. Significant site preparation work including clearing, excavation or removal existing buildings, structures or facilities which is necessary for the placement, assembly or installation of New Source facilities or equipment;

(b) Entered into a binding contractual obligation for the purchase of facilities equipment that 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 division.

• Non-Domestic Pollutants (Industrial). Any substances other than human waste and household gray water (shower, dish washing operations, etc.)
• National Pollutant Discharge Elimination System (NPDES). Permit program of USEPA.
• Operation and Maintance (O&M). All activities, goods and services which are necessary to maintain the proper capacity and performance of the treatment works for which works were designed and constructed. Operation and Maintance shall include replacement as defined hereinafter.
• Other Wastes. Include wastes other than human waste, but are not limited to ashes, cinders, industrial sludges, sand, mud, straw, insoluble shavings, metal, glass, rag feathers, tar, creosote, waste antifreeze, plastics, wood, animal paunch contents, offal, blood, bones, meat trimmings and wastes, fish or fowl heads, entrails, trimmings and wastes, lard, tallow, baking dough, chemicals, paint residues, cannery waste bulk solids, hair and fleshing or plastic or paper dishes, cups or food or beverage containers, whether whole or ground.
• Owner.The person(s) who may hold title to or lease the property for which was service has or will be provided.
• Pass Through. The occurrence of an indirect discharge which exits the POTW into water of the United States in quantities or concentrations which, alone or in conjunction with 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. 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.The logarithm (base ten) of the reciprocal of the concentration of the hydrogen ion expressed in grams per liter of solution, indicating the acidity or alkalinity of the solution.
• Pollutant. Any substance discharged into the system that, if discharged directly, would alter the quality of the water of the state to a degree which unreasonably affects the water for beneficial use.
• Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants properties in wastewater prior to or in lieu of introducing the pollutants into the municipal wastewater system.The reduction or alteration may be obtained by physical, chemical or biological processes, by process changes or by other means.
• Pretreatment Requirement. Any substantive or procedural requirements related to pretreatment, other than national pretreatment standards, imposed on an industrial user.
• Prohibited Discharge Standard. Absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ and/or the Director.
• Properly Shredded Garbage.The wastes from the preparation, cooking and dispensing of foods that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than a half-inch (1.27 centimeters) in any dimension.
• Public Sewer. A sewer, either sanitary or storm, in which all owners of abutting property have equal rights, and which is controlled by public authority.
• Publicly Owned Treatment Work (POTW). A “treatment works” as defined Section 212 of the Act (33 U.S.C. 1292), which is owned by the state or municipality.The 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 wastes and any conveyances which convey wastewater to a treatment plant.The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
• 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, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
• Replacement. Acquisition and installation of equipment, accessories appurtenances that are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
• Sanitary Sewer. A sewer that carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
• Service Areas. The area served by the treatment works and for which there is no uniform user charge system.
• Sewage. Water-carried human wastes or a combination of water-carried wastes from residences, commercial buildings, institutions and industrial establishments, together with the ground, surface, storm or other waters as may be present.
• Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage.
• Sewer. A pipe or conduit for carrying sewage.
• Shall. Is mandatory; “May” is permissive.
• Significant Industrial User. Except as provided in division (3) below, the term Significant Industrial User means:

(1) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Sub-chapter N;

(2) Any other industrial user that discharges an average of 25,000 gallons per day or more process wastewater to the POTW (excluding sanitary, non-contact cooling and boiling blow-down wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather, hydraulic or organic capacity of the POTW treatment plant; or is designated as by the Control Authority as defined in 40 CFR 403.12 (a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)); and

(3) Upon finding that an industrial user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12 (a)) may at any time, on its own initiative or in response to a petition receive from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that the industrial user is not a significant user.

• Slugload. Any pollutant including BOD and COD, released in a non-routine, episodic, non-customary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in §51.092.
• Storm Drain or Storm Sewer. A sewer which carries stone and surface waters and drainage, but excludes sewage and industrial waste, other than unpolluted cooling waters.
• Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
• Suspended Solids or Total Suspended Solids (TSS). 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.
• Treatment Plant. The portion of the POTW designed to provide treatment of sewage and industrial wastes.
• Toxic Pollutants or Pollutants. Those substances listed in 40 CFR Part 122, Appendix D, which is expressly incorporated herein, and any other substance(s) which, either singly or by interaction, may injure or interfere with any wastewater treatment process; may constitute a hazard to humans or animals; or may exceed any limitation adopted as a Categorical Pretreatment Standard.
• Upset. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this regulation, or limitation of a discharge permit, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless improper operation thereof.
• USEPA.The United States Environmental Protection Agency.
• User. Any person who contributes, causes or permits the contribution of wastewater into the city wastewater collection system and treatment facility. User is also defined as the person who is responsible for the payment of the sewer system charge.
• User Charge. The periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance.
• Waste. Wastewater and all other Waste substances, liquid, solid or gaseous Waste resulting from any industrial, manufacturing, trade or business process or from the development recovery or processing of natural resources.
• Wastewater. Waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
• Wastewater System or System or City Wastewater System or City System . All city treatment works; all city sewers, pipes, and other conveyances discharging thereat and all devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature.This shall include any portion of the system owned and maintained by a city.
• Watercourse. A channel in which a flow of water occurs, either continuous or intermittently.

  (Ord. 1941, passed 11-24-97)