§ 154-196. Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

(1)

Act or the Act : The federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. § 1251, et. seq., as it may be amended.

(2)

Ammonia (NH ₃ ): A colorless gaseous alkaline compound of nitrogen and hydrogen that is very soluble in water.

(3)

Authorized representative of industrial user :

a.

If the industrial user is a corporation, authorized representative shall mean the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation.

b.

If the industrial user is a partnership or a sole proprietorship, the authorized representative shall mean a general partner or proprietor, respectively.

c.

If the industrial user is a federal, state, or local governmental facility, the authorized representative shall mean the director or highest designated official overseeing the activities of the facility.

d.

The commissioner may allow the individuals described in subparagraphs (a) and (b) above to designate another authorized representative if the authorization is in writing, and if 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 environmental matters for the company.

(4)

Biochemical oxygen demand: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° Celsius expressed in terms of weight or concentration (milligrams per liter, mg/1).

(5)

Building sewer: A sewer conveying wastewater from the premises of a user to the water pollution control facilities.

(6)

Bypass: The diversion (both intentional and accidental) of wastestreams from any portion of any pretreatment system.

(7)

Categorical pretreatment standard or categorical standard: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

(8)

Chemical oxygen demand: A measure of the oxygen-consuming capacity of inorganic and organic matter present in water and wastewater. It is expressed as the amount of oxygen in milligram per liter by weight consumed from a chemical oxidant in a specific test.

(9)

City: The City of Atlanta, Georgia.

(9.1)

Collection system: Sewers, force mains, pump stations, ejector stations and other equipment for the conveyance of wastewater to a publicly-owned treatment works.

(10)

Combined sewer: A sewer receiving both storm water and wastewater.

(11)

Commissioner: The commissioner of the department of watershed management or his/her duly authorized assistant, agent, or representative, or such person as the mayor may designate to carry out the functions set forth herein.

(12)

Compliance: The level of conformity with all applicable regulations. There are three levels of compliance:

a.

Consistent compliance.

b.

Infrequent noncompliance.

c.

Significant noncompliance.

(13)

Composite sample: The accumulation of a number of individual samples over a period of time, so taken as to represent the nature of the wastewater.

(14)

Constituents: The combination of particles, chemicals, or conditions which exist in the wastewater.

(15)

Customer: Every person who is responsible for contracting (expressly or implicitly) with the city in obtaining, having or using water or wastewater connections with, or sewer taps to the city wastewater system and in obtaining, having or using water or other related services furnished by the city for the purpose of disposing of wastewater through said system. The term "customer" shall also include illicit users of the water or wastewater systems.

(15.1)

Dilute: To make any pollutant, pollution, waste or wastewater thinner or weaker by adding water or any other substance.

(16)

Direct discharge: The discharge of treated or untreated wastewater directly to the waters of the State of Georgia.

(17)

Domestic wastewater: That wastewater discharged into the wastewater system from domestic sources such as toilets, washing machines, dishwashers, sinks, showers, and bathtubs from normal household usage.

(18)

Effluent: The treated flow discharged from a water pollution control facility.

(19)

Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency, or where appropriate, the term may also be used to designate the administrator or other duly authorized official of said agency.

(20)

Existing source: Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed Categorical Pretreatment Standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act.

(21)

Flammable: As defined by existing City of Atlanta Fire Department regulations.

(22)

Floatable oil and grease: Oil, fat or grease in a physical state such that it will separate from wastewater by treatment in an American Petroleum Institute (API) type oil/water gravity separator.

(23)

Food processing industry: Any user whose primary business is the preparation of food products. Users are identified as having SIC Codes in the range 2011-2099, including but not limited to baking products, canned products, dairy products, grain mill products, sugar and confectionery products and meat products.

(24)

Food service establishment: Any restaurant, eatery, food caterer, cafeteria, or other institution processing and serving food.

(25)

Grab sample: A sample which is taken from a wastewater stream on a one-time basis with no regard to the flow in the wastewater stream and over a period of time not to exceed 15 minutes.

(26)

Grease and oil: The group of substances with similar physical characteristics, which includes fatty acids, soaps, fats, waxes, oils and any other material that can be solvent extracted and is not volatilized during evaporation of the solvent.

(27)

Grit: Matter consisting of sand, gravel, cinders, or other heavy solid materials that has settling velocities or specific gravity's greater than those of organic putrescible solids normally encountered in domestic wastewater.

(28)

Health department: The Fulton County Board of Health, or any successor agency.

(29)

Holding tank waste: Any waste from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

(30)

Industrial user: A source of discharge of industrial wastewater into water pollution control facilities.

(30.1)

Indirect discharge: The discharge of treated or untreated wastewater to the publicly owned treatment works (POTWs) of the city.

(31)

Industrial wastewater: Wastewater in which the solid, liquid and gaseous wastes from process of industry, manufacture, trade or business, or from the development or recovery of any natural resource (as distinct from domestic or sanitary wastes) is found.

(32)

Industrial waste surcharge: The additional service charge assessed against industrial users in the city whose wastewater characteristics exceed established limits for COD, TKN, and TSS.

(33)

Infiltration: Groundwater and surface water which leaks into the wastewater system through cracked pipes, joints, manholes or other openings.

(34)

Inflow: Water that flows into the wastewater system from the surface, streams, roof drains, down spouts, or other such sources.

(35)

Influent: The wastewaters arriving at the water pollution control treatment facility.

(36)

Interference: An inhibition or disruption of operation or maintenance of the water pollution control facilities, city wastewater treatment processes or operations, or sludge processes, use or disposal:

a.

Which is a cause of or significantly contributes to a violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation); or

b.

Which causes or significantly contributes to an increase in the discharge of pollutants above normal conditions or an increase in the cost of operation of the POTW above normal conditions; or

c.

Which causes or significantly contributes to the prevention of sludge use or disposal by the city in accordance with the Georgia Water Quality Control Act, and any permits or regulations issued thereunder. Section 405 of the Act, (33 U.S.C. § 1345), the federal Solid Waste Disposal Act (SWDA), the federal Clean Air Act, and the federal Toxic Substances Control Act. An industrial user significantly contributes to such interference or prevention of sludge use or disposal in accordance with above-cited authorities whenever such user:

1.

Discharges a daily pollutant loading in excess of that permitted by the provisions of this article or by federal or state law;

2.

Discharges wastewater which substantially differs in nature or constituents from a user's average discharge; or

3.

Knows or has reason to know that the user's discharge, along or in conjunction with discharge from other sources, would result in a NPDES permit violation by the city or would prevent sludge use or disposal in accordance with the above-cited authorities as they apply to the city's selected method of sludge management.

(36.1)

Maintenance, operations and management ("MOM") program: A program for the efficient and proper operation and maintenance of the sewer collection system and includes, but is not limited to, a collection system contingency and emergency plan, an operations plan, a grease management plan, a maintenance management plan and a training program for appropriate personnel of the department of public works.

(37)

Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, cultures and dialysis wastes.

(38)

Metered water: The amount of water used by the customer as measured by a city water meter, or other approved metering device.

(39)

Milligrams per liter (mg/1): The units for expressing weight per unit volume and when multiplied by the factor 8.34, mg/l is equivalent to pounds per million gallons of water. For a water solution, mg/l is equivalent to parts per million (ppm) on a weight basis.

(40)

National pollutant discharge elimination system permit: A permit issued pursuant to section 402 of the Act (33 U.S.C. § 1342).

(41)

New source: 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:

a.

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

b.

The building, structure, facility or installation totally replaces the process or 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 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.

1.

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 paragraphs (41)(b), or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

2.

Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

d.

Begun, or caused to begin, as part of a continuous onsite construction program:

1.

Any placement, assembly, or installation 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

e.

Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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 paragraph.

(42)

Noncontact cooling water: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product or to which the only pollutant added is heat. Examples are water discharged from any use such as air conditioning, cooling, or refrigeration.

(43)

Nondomestic user: Any user of the Atlanta water pollution control facilities who discharges wastewater from a structure other than a residential unit.

(44)

Nondomestic wastewater: The wastewater generated from nondomestic users as distinct from domestic or sanitary wastes.

(45)

Pass-through: Any 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).

(46)

Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or its legal representatives, agents, or assigns. This definition includes all federal, state and local governmental entities.

(47)

pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution. A measurement of the acidity or alkalinity of a substance expressed on a scale of 0—14 standard units, with 0 being highly acidic and 14 being highly alkaline.

(48)

Pollutant: Any dredged material, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, or agricultural waste discharge into water.

(49)

Pollution: The man-made or man-induced detrimental alteration of the chemical, physical, biological and radiological integrity of water or soil.

(50)

Pretreatment or treatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties to a less harmful state, prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater treatment system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by process changes or other means, except as prohibited by 40 CFR § 403.6(d).

(51)

Publicly-owned treatment works (POTW): A treatment works as defined by section 212 of the Act, (33 U.S.C. § 1292), including any devices or systems designed, intended, or used in the collection, storage, treatment, recycling, and reclamation of wastewater.

(52)

Pumpage: The wastes removed from a container by pumping.

(53)

Receiving waters: Those waters into which wastewaters are discharged.

(54)

Sanitary sewer: A sewer which carries wastewater from which storm, surface, and ground waters are excluded.

(55)

Self-monitoring: Monitoring by an industrial user of the regulated discharge of that industrial user at the expense of the user.

(56)

Septage: Any wastes removed from a portable toilet, chemical toilet, holding tank, or septic tank.

(57)

Septic tank: A subsurface impervious tank designed to temporarily retain sewage or similar waterborne wastes together with:

a.

A sewer line constructed with solid pipe, with the joints sealed, connecting the impervious tank with a plumbing stub out; and

b.

A subsurface system of trenches, piping and other materials constructed to drain the clarified discharge from the tank and distribute it underground to be absorbed or filtered.

(58)

Severe property damage: The substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(59)

Sewer: A pipe or conduit in which all owners of abutting properties have equal rights and which is controlled by a public entity.

(60)

Sewer assessment rate: The average cost per foot of all lateral sewers constructed in the city during the previous year, exclusive of house connection, and adjusted for unusual or extraordinary costs.

(61)

Sewer meter: Those devices approved by the commissioner for the purpose of establishing the quantity of wastewater discharged by a premise or person.

(62)

Sewer service charge: The charge assessed against the persons in the city that are connected to, or have access to, the city water pollution control facilities.

(63)

Significant industrial user or SIU .

a.

Except as provided in paragraph (63)(b) of this section, 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, Subchapter N; and

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 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such 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)).

b.

Upon a finding that an industrial user meeting the criteria in subparagraph (a)(1)(2) of this section 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 received from an industrial user or POTW, and in accordance with 40 CFR § 403.8(f)(6), determine that such industrial user is not a significant industrial user.

(64)

Slug loading: Any pollutant released in a discharge of such volume or strength as to cause interference in the water pollution control facility.

(65)

Standard industrial classification (SIC): A classification pursuant to the most current Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.

(66)

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 Environment Federation.

(67)

Storm sewer: A sewer which carries storm and surface waters and drainage, but excludes domestic and industrial wastewaters.

(68)

Suspended solids: 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.

(69)

TKN: Total nitrogen as measured by the Kjeldahl technique, expressed in milligrams per liter by weight.

(70)

Toxic: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provision of the Clean Water Act, section 307(a) or other acts.

(70.1)

Trucked or hauled pollutants: Any dredged material, spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, or agricultural waste discharge transported by truck, rail or dedicated pipeline.

(71)

User: Any person who contributes, causes, or permits the contribution of wastewater into the city's water pollution control facilities.

(72)

Waste: Includes sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

(73)

Wastewater: A combination of the water-carried wastes from residences, business buildings, institutions, and commercial establishments, together with those ground, surface, and storm waters as may be present.

(74)

Water meter: Those devices approved by the commissioner for the purpose of establishing the quantity of water used by a premise or person.

(75)

Water pollution control facilities: All facilities for collecting, pumping, or treating wastewater or storm water.

(Ord. No. 1998-71, § 2, 10-13-98; Ord. No. 1999-30, §§ 2, 3, 2-9-99; Ord. No. 2006-53, § 37, 8-29-06; Ord. No. 2013-67(12-O-0563), § 1, 12-11-13 )