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Unless the context specifically indicates otherwise, the following terms and phrases, as used in sections 6.501 to 6.596 of this code shall have the following meanings.

Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251, et seq.

Authorized representative of industrial user. An authorized representative of an industrial user shall be:

(a) A president, vice-president, secretary or treasurer in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, if the industrial user is a corporation.

(b) A general partner or proprietor if the industrial user is a partnership or sole proprietorship, respectively; or

(c) A duly authorized representative of the individual designated in (a) or (b) provided the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates or a position of equivalent responsibility or having overall responsibility for environmental matters for the company, is made in writing by an individual designated in (a) or (b) and such authorization is provided to the city prior to or together with any reports signed by an authorized representative as provided in 40 CFR 403.12(1) or required by the city manager.

BOD (Biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per liter.

CFR. The referenced Code of Federal Regulations provision.

City manager. The city manager of the city of Eugene, or the city manager’s designee.

City wastewater system. A treatment works as defined by section 212 of the Act. This definition includes any publicly owned sewer that convey wastewater to the treatment plant, whether or not a part of the regional sewerage facilities as defined in the Intergovernmental Agreement executed by the cities of Eugene and Springfield and Lane County as of February 9, 1977, as amended (Intergovernmental Agreement), but does not include the city stormwater system.

Constituent. Any pollutant regulated by section 6.501 to 6.596 of this code or by any permit issued pursuant to section 6.551 of this code, or any volume discharge limits established by a permit issued pursuant to section 6.551 of this code.

Cooling water. The water discharged from any use to which the only pollutant added is heat.

DEQ. The Oregon Department of Environmental Quality.

Discharge. The deposit of pollutants into the city wastewater system, whether deliberate or as an unintended result of any action or failure to act.

Discharge permit. A wastewater discharge permit or a mobile waste hauler permit.

Domestic waste. Wastewater derived from ordinary living processes, free from process wastewater and which will permit satisfactory disposal without special treatment into the city wastewater system.

EPA. The United States Environmental Protection Agency.

Immediate or Immediately. Immediate or immediately means as soon as reasonably possible but in no event longer than 24 hours.

Industrial user. Any person, including a mobile waste hauler, who discharges wastewater from a source other than a single or multiple dwelling unit directly connected to the city wastewater system.

Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, either:

(a) Inhibits or disrupts the city, its wastewater system treatment processes or operations, or its sludge processes, use or disposal; or

(b) Is a cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of 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 Clean Water Act, 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 or regulations promulgated by the city manager.

Mobile waste hauler. A person who, by contract or otherwise, collects wastewater, including domestic waste and septage waste, for transportation to and discharge into any portion of the city wastewater system. “Domestic waste” and “septage waste” as used herein have the meaning found in section 6.506.

Mobile waste hauler permit. A permit issued pursuant to section 6.551 of this code.

NPDES permit. National Pollution Discharge Elimination System permit issued pursuant to ORS 468.740 and the Act.

New significant industrial user. Any person discharging from any building, structure, facility or installation (source), the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) ot 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 of 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.

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

Pass through. A discharge which exits the city wastewater system 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 city wastewater system NPDES permit (including an increase in the magnitude or duration of a violation).

Person. Any individual, partnership, joint-venture, firm, company, cooperative, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity. The masculine gender shall include the feminine and the singular shall include the plural.

pH. The logarithm (base 10) of the reciprocal of the hydrogen ion activity expressed in moles per liter of solution.

Pollutant. Any element or compound discharged into the city wastewater system except water unless the water has been heated, cooled or irradiated.

Pollution. The alteration of the chemical, physical, biological or radiological state of water.

Pollution management practices. Schedules of activities, requirements or prohibitions of practices, operating procedures, maintenance procedures, and other management procedures used to reduce the amount of pollutants entering the city wastewater system.

Pollution prevention. Source reduction and other practices that reduce or eliminate the creation of pollutants through:

(a) Increased efficiency in the use of raw materials, energy, water, or other resources, or

(b) Protection of natural resources by conservation.

Pretreatment. The reduction or elimination of pollutants in wastewater prior to discharge.

Process wastewater. Water which, during manufacturing or processing, comes into contact with or results from the production of or use of any raw material, intermediate product, finished product, byproduct or waste product.

Restricted substance. Pollutants listed in section 6.511 of this code, or as prescribed by the city manager pursuant to section 6.516 of this code.

Sample. Any portion of wastewater representing a discharge, which may be a grab sample, or a composite of several samples representing the sewer discharge over a period of time.

Septage waste. Domestic waste extracted from a sewage containment system.

SIC number. A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, through the effective date of this ordinance.

Significant industrial user. Any industrial user which:

(a) Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N or rules promulgated by the city manager, or

(b) Discharges an average of at least 25,000 gallons per day of wastewater (excluding domestic waste, boiler blowdown, and noncontact cooling water) in any period of 12 consecutive calendar months, or

(c) Discharges process wastewater, which on any day in any period of 12 consecutive calendar months constitutes at least five percent of the average daily dry weather hydraulic or organic capacity of the city wastewater system, or

(d) Is determined by the city manager to have a reasonable potential for adversely affecting the city wastewater system’s operation or for violating any pretreatment standards.

Slugload. Any discharge of a non-routine episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.

Standards. The limitations and requirements established by federal, state and local laws and regulations for discharges to the city wastewater system.

Suspended solids. The total elements and compounds which float on the surface of, or are suspended in, wastewater and which are removable by laboratory filtration.

Toxic pollutant. Any pollutant or combination of pollutants identified pursuant to section 307(a) and section 502 of the Act or otherwise listed as toxic in regulations previously promulgated by the EPA, or as identified by the city manager.

Wastewater. Liquid or water-carried pollutants including any stormwater that may be present, whether treated or untreated, which is discharged, flows, or infiltrates into the city wastewater system.

Wastewater discharge permit. A permit issued pursuant to section 6.551 of this code.

(Section 6.506, formerly Section 6.405 added by Ordinance No. 19130, enacted April 13, 1983; and amended by Ordinance No. 19791, enacted July 8, 1991; amended by Ordinance No. 19913, enacted April 26, 1993, effective May 26, 1993; renumbered by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993; amended by Ordinance No. 19940, enacted November 17, 1993, effective December 17, 1993; and Ordinance No. 20075, enacted January 27, 1997, effective February 26, 1997.)