Chapter 12.02
DEFINITIONS

Sections:

12.02.010    Acronyms and abbreviations.

12.02.020    General terms defined.

12.02.010 Acronyms and abbreviations.

ABPA – American Backflow Prevention Association;

ASME – American Society of Mechanical Engineers;

ASSE – American Society of Sanitary Engineering;

ASTM – American Society for Testing and Materials;

BMP – Best management practices;

BOD5 – Biochemical oxygen demand;

CIU – Categorical industrial user;

COD – Chemical oxygen demand;

CDPS – Colorado Discharge Permit System;

DIA – Development improvements agreement;

EPA – Environmental Protection Agency;

EQU – Equivalent residential unit;

GMC – Gunnison Municipal Code;

LDC – Land Development Code;

NEC – National Electric Code;

OWTS – Onsite wastewater treatment system;

pH – A measure of the acidity or alkalinity of a solution, expressed in standard units;

POTW – Publicly owned treatment works;

SIC – Standard Industrial Classification;

SU – Standard units;

TSS – Total suspended solids;

WQS – Water quality standards;

WWTP – Wastewater treatment plant. (Ord. 4-2021 § 1 (Exh. A), 2021).

12.02.020 General terms defined.

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

“Accessory dwelling unit” means a dwelling unit as an accessory use to an otherwise allowed single-family dwelling unit that is the principal use on a lot or parcel; may be attached to or detached from the principal dwelling. Minimum size shall be 300 square feet and maximum size shall be 720 square feet. See Section 3.3, paragraph H, of the Land Development Code.

“Active date” means the first day that a backflow prevention assembly or backflow prevention method is used to control a cross-connection in each calendar year.

“Air gap” means a physical separation between the freeflowing discharge end of a potable water supply pipeline and an open or nonpressure receiving vessel installed in accordance with standard ASME A112.1.2.

“Ashes” means all byproducts left of something after it has been burned, wood waste burned in devices commonly called “tepee burners” or “silos,” and other such burners commonly used in the wood products industry, and other high-temperature materials.

“Assessment district (local improvements)” means a legally formed district having definite boundaries and formed to finance the construction of a particular improvement or improvements.

“Backflow” means the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the city’s water distribution system from any source or sources other than its intended supply.

“Backflow contamination event” means backflow into the city’s water system from an uncontrolled cross-connection such that the water quality no longer meets the Colorado Primary Drinking Water Regulations or presents an immediate health and/or safety risk to the public.

“Backflow prevention assembly” means any mechanical assembly installed at a water service line or at a plumbing fixture to prevent a backflow contamination event; provided, that the mechanical assembly is appropriate for the identified contaminant at the cross-connection and is an in-line field-testable assembly.

“Backflow prevention method” means any method and/or nontestable device installed at a water service line or at a plumbing fixture to prevent backflow contamination.

“Behind meter” means all electrical wiring and facilities, not including the meter base, toward the premises’ side.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other acceptable utility design, construction, monitoring and inspection practices.

“Biochemical oxygen demand (BOD5)” means, in accordance with sanitary sewer operations, the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures (five days at 20 degrees centigrade) expressed in terms of weight and concentration (mg/L).

“Break in service” means a period of time when utility service is discontinued and there is no person accepting responsibility for payment of services.

“Building drain” means that part of the lowest horizontal piping of a drainage system that receives the discharge from other sanitary sewer drainage pipes inside the walls of the building and conveys it to the building sewer service line.

“Building sewer service line” means the sewer service line extension which the property owner owns and maintains from the building drain to the physical tap at the public sewer main. Building sewer service line may be located within private property, easement, or public rights-of-way.

“Business or commercial building” means any building housing one or more spaces or rooms or rental units from which a mercantile pursuit, transaction, industry, occupation, trade or commerce is conducted for the primary purpose of financial gain.

“Capital improvements” means new facilities, expansion or extensions of utilities which are not considered general maintenance, repair, or operations.

“Certified cross-connection control technician” means a person who possesses a valid backflow prevention assembly tester certification from either the ASSE or the ABPA.

“Chemical oxygen demand (COD)” means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures and expressed in terms of weight and concentration (mg/L).

“City’s water supply system” means the city’s water distribution system, piping, connection fittings, valves and appurtenances within a building, structure, or premises. “Water supply systems” are also referred to commonly as “premises plumbing systems.”

“Colorado Discharge Permit System (CDPS)” means the state of Colorado program for issuing, conditioning, and denying permits for the discharge of pollutants from point sources into waters of the state pursuant to Section 25-8-101 et seq., C.R.S. 1973 as amended, and 402 of the Clean Water Act (33 U.S.C. § 1342).

“Composite sample” means a representative flow-proportioned sample generally collected within a 24-hour period and combined according to flow. Time-proportional sampling may be approved or used by the city where time-proportional samples are believed representative of the discharge.

“Connection” means access to a public street, alley, electrical service, irrigation system improvements, or a physical connection via tap to public potable water or sewer service.

“Connection permit” means written authorization to connect to the sewer main or expand the number of fixtures that will drain into the city sewer system.

“Construction costs” means actual costs borne by the developer of master planning, right-of-way acquisition, engineering and design, labor, materials, and all other documented amounts paid for the actual installation of a utility, as well as administrative costs not to exceed five percent of all costs as detailed in a sworn affidavit from the developer.

“Construction costs of distribution facilities” means the combined costs of all facilities necessary to the distribution extension or reinforcement, including satisfactory right-of-way.

“Construction payment” means the amount advanced by an applicant to the city to pay all construction costs in excess of free construction allowance.

“Containment” means the installation of a backflow prevention assembly or a backflow prevention method at any connection to the city’s water system that supplies an auxiliary water system, location, facility, or area such that backflow from a cross-connection into the city’s water system is prevented.

“Containment by isolation” means the installation of backflow prevention assemblies or backflow prevention methods at all cross-connections identified within a customer’s water system such that backflow from a cross-connection into the public water system is prevented.

“Contractor” means an individual or business that is qualified and has been authorized to complete work within city rights-of-way or on city-owned and maintained infrastructure.

“Controlled” means having a properly installed, maintained, and tested or inspected backflow prevention assembly or backflow prevention method that prevents backflow through a cross-connection.

“Cooling water, contact” means water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product.

“Cooling water, noncontact” means water used for cooling purposes, which does not come in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.

“Cross-connection” means any connection that could allow any water, fluid, or gas, such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer’s water system into a public water system’s distribution system or any other part of the city’s water system through backflow.

“Customer, commercial electric” means a person using electricity in connection with the operation of business establishments for all purposes, including stores, offices, motels, restaurants, and industrial concerns, but not including buildings, structures, trailers or mobile or modular homes, which are used for residential purposes only.

“Customer, commercial refuse” means a person whose tract or parcel of land with improvement thereon, other than “customers, residential refuse” as defined herein, within the city.

“Customer, commercial water and/or sewer” means a person receiving potable water from which a mercantile pursuit, transaction, industry, occupation, trade, or commerce is conducted for the primary purpose of financial gain. The term includes professional, real estate, insurance offices and when a single water meter serves a dwelling consisting of three or more dwelling units.

“Customer, contract” means a person taking delivery of electricity at primary voltage or a person using 3,000,000 gallons of water per year, or commercial refuse customer or sanitation district.

“Customer, contract light” means a person using electricity in connection with dusk-to-dawn lighting service with controlled security lights per contract with the city.

“Customer, electric” means the person or organization responsible for the electric utility account for the premises and includes authorized employees or agents of the customer.

“Customer, residential electric” means a person whose residential dwelling unit is individually metered by unit to measure the amount of electricity used for domestic purposes.

“Customer, residential refuse” means a person whose tract or parcel of land within the city is improved with at least one, but not more than eight, residential dwelling units. Each unit will be considered as a customer.

“Customer, residential water and/or sewer” means a person whose residential dwelling unit is individually metered by unit to measure the volume of potable water used for domestic purposes.

“Daily maximum discharge limit” means the maximum allowable concentration of a pollutant(s) that may be discharged during a 24-hour period or as specified in a wastewater discharge permit. Where daily maximum limitations are expressed in units of mass, the discharge is the total mass discharged over the sampling period.

“Default of payment” or “delinquent” means bills for any utility charges remaining unpaid 30 days or more from the date of billing are considered in default of payment and delinquent.

“Developer” means a person, persons, partnership, corporation, or other legal entity requesting extension of a city utility.

“Developer, initial” means a person constructing or contracting for construction of an extension of utilities to provide service to a particular development.

“Developer, subsequent” means a person seeking to connect to the city’s utilities after completion of a utility extension by a developer.

“Direct discharge” means the discharge of treated, partially treated, or untreated wastewater directly to the waters of the state.

“Distribution extension” means distribution facilities including primary and secondary distribution lines, transformers, service lines, and all appurtenant facilities excepting meters and meter installation facilities necessary to supply service to additional customers.

“Distribution line” means primary distribution lines, transformers, and all appurtenant facilities, excluding service lines, meters, and meter installation facilities.

“Distribution reinforcement” means increase in size of existing facilities necessitated by applicant’s estimated electric requirements.

“Domestic or sanitary wastes” means liquid, solid, and semisolid wastes from the noncommercial preparation, cooking, and handling of food and/or containing only human excrement and similar matter from the sanitary conveyances of dwellings, commercial buildings, industrial facilities, and institutions. Grease trap wastes are specifically excluded from this definition.

“Domestic septage” means the liquid or solid material removed from a septic tank, cesspool, or portable toilet or similar system that holds only domestic sewage. “Domestic septage” does not include liquid or solid material removed from any system that receives either commercial wastewater or industrial wastewater. It does not include grease removed from a restaurant or commercial grease trap.

“Dwelling” means a room or combination of rooms containing living, sleeping, cooking, eating and bathroom facilities, sufficient for occupancy by one or more persons on a permanent basis.

“Dwelling, single-family” means a dwelling which is occupied by a single family and is supplied by a separate service line or a single dwelling comprised of multiple living units where each living unit is supplied by a separate service line.

“Energy charge” means the rate multiplied by the kilowatts per hour (Kwh) consumed.

“Energy diversion” means the act of “bypassing,” “tampering,” or “unauthorized metering,” as those terms are defined in Section 40-7.5-101, C.R.S.

“Equivalent residential unit (EQU)” means the unit of measurement determined by the average monthly water use per single-family residence, or 280 gallons per day.

“Fee, capital improvement” means a one-time fee charged to pay for the installation and replacement of the water or sewer system infrastructure.

“Fee, commercial service” means a fee set forth in the fee table that is based on a market adjustment and operational costs to provide commercial refuse and trash services.

“Fee, connection” means a fee charged by the city for materials and labor to complete the physical tap on the city’s water/sewer distribution/collection main for the building water/sewer service line connection. This fee is separate from the utility investment fee.

“Fee, utility investment” means a one-time fee charged to pay for: capacity in the sewer collection and treatment systems, installation and replacement of 12-inch diameter and larger wastewater collection system infrastructure, or capacity in the water distribution system and water treatment facilities.

“Floatable oil” means oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.

“Free construction allowance” means that portion of necessary construction made by public works at its expense.

“Front side of meter” means all electrical wiring and facilities, including the meter base and meter, toward the service side.

“Garbage” means all discarded food, animal and vegetable matter, slop, and materials from dwellings, rooming houses, motels, hotels, clubs, restaurants, boarding houses, eating places, shops, and places of business.

“Grab sample” means an individual sample that is collected from a waste stream without regard to the flow and over a period of time not to exceed 15 minutes.

“Hauled wastes” means any waste transported to the POTW by truck or rail. Hauled waste may include domestic septage, chemical toilet waste, grease and sand trap waste, and nonhazardous commercial and industrial waste.

“Hazardous waste” means any waste containing substances or characteristics listed as such pursuant to 40 CFR Part 261.

“Immediately accessible” means access to something that does not require moving objects other than the access cover and where removal of the access cover does not require tools to open.

“Indirect discharge” means discharge or the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act, including holding tank waste discharge to the POTW.

“Industrial wastes” means the liquid, solid, and semisolid wastes from industrial manufacturing processes, trade, or business and does not include domestic or sanitary wastes unless specifically regulated by applicable standards.

“Infiltration and inflow” means any ground water or surface water entering the sanitary sewer collection system from, but not limited to, the following: sump pump discharge, faulty plumbing, surface drainage, roof drainage, pipe joint or pipe failure.

“Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time.

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

1.    Inhibits or disrupts the WWTP treatment processes, operations, or sludge processes, use, or disposal;

2.    Causes a violation of any requirement of the WWTP’s CDPS permit; or

3.    Prevents sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

“Licensed plumber” means a plumber as defined in and licensed pursuant to the Colorado Revised Statutes.

“Local limit” means specific discharge limits or BMPs developed and enforced by the city upon industrial users to implement the general and specific prohibitions and the wastewater discharge limitation listed in Chapter 12.80 GMC. Local limits are pretreatment standards and are listed in Chapter 12.80 GMC.

“Master account holder” means the property owner or authorized representative of the property owner responsible for refuse account management and payment.

“Monthly service charge” means a monthly fee charged to each customer regardless of the monthly volume or energy charge.

“Multifamily” means a single residential connection to the city’s water distribution system from which three or more separate dwelling units are supplied water.

“National Electric Code (NEC)” means regulations as adopted by the State Electrical Board pursuant to Section 12-23-104, C.R.S.

“Natural outlet” means any outlet, including storm sewers, into a watercourse, pond, ditch, lake, or other body of surface or ground water.

“Net metering” means, for billing purposes, the net consumption as measured at the city’s service meter.

“New source” means as defined in 40 CFR § 403.3(m) and is hereby incorporated by reference.

“Normal domestic strength wastewater” means wastewater that when analyzed by methods approved under 40 CFR Part 136 contains no more than 250 mg/L of suspended solids (TSS) and 250 mg/L of BOD5.

“Onsite wastewater treatment system (OWTS)” means a means of treating residential wastewater.

“Opened for public use (street or alley)” means a street or alley legally platted or accepted by the city as a street or alley and which is being used by the general public as such.

“Operation and maintenance” means all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

“Owner, homeowner or occupant” means a person occupying and/or owning a residential dwelling, unit, building, facility or real property which is served by city utility service (water, sewer, electric, etc.).

“Pass-through” means a discharge which exits the WWTP 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 violation of any requirement or the city’s CDPS permit or of the receiving water’s WQS regardless of whether the WQS is part of the city’s permit, including an increase in the magnitude or duration violation.

“pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units (SU), and is the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution. pH measurements must be taken with a calibrated meter either in-situ or within 15 minutes of sample collection. Colorimetric methods, including pH paper, are not acceptable.

“Photovoltaic or wind pilot program” means the city’s program to accommodate the installation of photovoltaic or wind generation equipment on the city’s electric distribution system for the purpose of providing residential and commercial electric customers an option to own said equipment which is tied to the city’s electric grid.

“Point of service” means the point of connection between the facilities of the serving utility and the premises served.

“Pollutant” means any dredged spoil, solids, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive material, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD5, COD, toxicity, or odor) discharged into or with 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 prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR § 403.6(d).

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, and shall include conditions of a wastewater discharge permit.

“Pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to users. This term includes prohibited discharge prohibitions established pursuant to 40 CFR § 403.5 and Chapter 12.80 GMC. In cases of differing standards or regulations, the more stringent shall apply.

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

“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned, in this instance, by the city. This includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. For the purposes of this title, POTW shall also include any sewers that convey wastewaters to the POTW from indirect dischargers outside the city who are, by contract or agreement with the city, users of the city’s POTW.

“Rate” means the amount charged per unit of commodity or service.

“Receiving water quality standards” means requirements for the POTW’s treatment plant effluent established by applicable state or federal statutes or regulations for the protection of receiving water quality. Such requirements shall include effluent limitations, and waste discharge standards, requirements, limitations, or prohibitions which may be established or adopted, from time to time.

“Recreational vehicle waste” means any sewage from gray and sewer holding tanks such as recreational vehicles, fifth wheel and travel trailer campers, and slide-in pickup campers.

“Recyclable material” means all materials accepted for recycling by the Gunnison County recycling program.

“Refund of construction payment” means the amount of construction payment returned to the applicant or the applicant’s assignees by the city.

“Representative sample” means a sample from a waste stream that is as nearly identical as possible in composition to that in the larger volume of wastewater being discharged from the facility on a normal operating day.

“Residential refuse” means disposable materials generated by households.

“Rubble” means large brush, wood, cardboard boxes or parts thereof, large and/or heavy yard trimmings, discarded posts, crates, motor vehicle tires, scrap metal, bedsprings, water heaters, refrigerators, stoves, discarded furniture, and all other household goods or items, and discarded building materials; provided, that rubble shall not include demolition materials resulting from the destruction or remodeling of a building or a major part of any building.

“Service charge” means a fee to be paid to the city in the amount of $100.00 per connection, to be deducted from reimbursements from subsequent developers, which represents the reasonable costs incurred by the city in administering the reimbursement procedure set forth herein.

“Service connection” means a sewer line intended for discharging wastewater into the city’s POTW and commencing at a structure or facility and terminating at a sewer main.

“Service line” means the secondary overhead or underground electric circuit and associated facilities located between the distribution line and customer point of service. A service line provides service for a customer’s exclusive use.

“Service upgrade” means an increase in the wire capacity in amperage.

Sewage. See “Wastewater.”

“Sewer district” means a legal entity formed in accordance with Colorado Revised Statutes having as one of its purposes the collection, transportation, or treatment of wastewater.

“Sewer main or collection system” means that portion of the city’s POTW used for the collection and transportation of wastewater to treatment facilities and which has been installed for the express purpose of allowing service connections to be made thereto.

“Sewer, private” means the building sewer/service line from the connection to the city main and any building drains upstream of it.

“Sewer, sanitary” means a sewer which carries domestic and/or nondomestic wastewater or sewage and to which storm, surface, and ground waters are not intentionally admitted, including the pipe or conduit system and appurtenances, for the collection, transportation, pumping, and treatment of sewage. This definition shall also include the terms “public sewer,” “sewer system,” “POTW sewer,” and “sewer.”

“Sewer service check valve” means a valve to prevent backflow of sewage where the elevations of open building drain plumbing fixtures are below the elevation of the manhole cover of the next upstream manhole in the public sewer; such fixtures shall be protected by a sewer service check valve installed in the building drain/building sewer service line.

“Sewer tap” means the physical connection of the building/sewer service line into the sewer main.

Significant Noncompliance (SNC). Any user is in significant noncompliance if its violation meets one or more of the criteria as defined at 40 CFR § 403.8(f)(2)(vii).

“Slug” means any discharge wastewater of which, in concentration of any given constituent or in quantity of flow, exceeds more than typical residential or commercial discharge previously reviewed and approved by the city.

“Slug load or slug discharge” means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates the city’s regulations, local limits, or permit conditions.

“Special event” means any activity, commercial, civic or otherwise, which obtains a city special events permit or which has a duration of no more than seven days.

“Standard Industrial Classification (SIC)” means classification pursuant to the “Standard Industrial Classification Manual” issued by the Executive Office of the President, Office of Management and Budget, as it may be revised from time to time.

“Storm drain” means a drain or sewer for conveying water, ground water, subsurface water, or unpolluted water from any source.

“Storm sewer” means publicly owned facilities by which storm water is collected or conveyed, including but not limited to any roads, with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

“Storm water” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation, including snowmelt.

“Suspended solids” means total particulate matter that either floats on the surface of, or is suspended in, water, wastewater, or other liquids, and that is removable by laboratory filtering.

“Temporary service charges” means the amount the applicant, prior to connection, pays to the city not subject to refund, for the city’s estimated costs of installing and removing the meter less the salvage value of materials used. City utility facilities placed at other than the permanent location shall be considered as temporary service.

“Total suspended solids (TSS)” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and that is removable by laboratory filtering.

“Toxic pollutant” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provisions of Section 307(a) of the Act (33 U.S.C. § 1317(a)) or as otherwise listed at 40 CFR Part 122, Appendix D.

“Trash” means all debris, waste, brush, leaves, grass, weeds, waste paper, boxes, glass, cans, offal, cuttings from trees, lawns, and gardens, and other refuse and waste materials other than garbage or rubble.

“Uncontrolled” means not having a properly installed and maintained and tested or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention assembly or backflow prevention method does not prevent backflow through a cross-connection.

“User” means any person who uses or is connected to one or more utilities of the city.

“User, categorical industrial” means an industrial user subject to a categorical pretreatment standard that appears in 40 CFR Chapter I, Subchapter N, Parts 405-471.

“User, commercial” means a person or business within the city that generates refuse other than residential refuse.

“User, industrial” means a source of indirect discharge, or any other industrial or commercial facility or business that has a sewer connection to the POTW whether or not the user discharges nondomestic wastewater.

“User, nonsignificant industrial” means any user which does not meet the definition of a significant industrial user, but is otherwise required by the city through permit, order or notice to comply with specific provisions of these rules and is so notified by the city.

“User, residential” means a person or business whose tract or parcel of land within the city is improved with at least one residential dwelling unit(s) that generates residential refuse.

“User, significant industrial” means an industry subject to categorical pretreatment standards under 40 CFR § 403.6 and 40 CFR Chapter I, Subchapter N, except those defined as nonsignificant categorical industrial users, and that:

1.    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); or

2.    Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

3.    Is designated by the director on the basis that the industry has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

“Utility easement” means an acquired legal right for the specific use, whether public or private, of land owned by others which may include all or a portion of real property.

“Volume charge” means the rate multiplied by the volume of water consumed.

“Wastewater” means liquid and water-carried industrial wastes and/or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, together with any ground water, surface water, and storm water that may unintentionally be present, which are contributed to the POTW.

“Wastewater facilities” means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent and sludge.

“Wastewater, normal domestic” means wastewater that has a biochemical oxygen demand (BOD) concentration of not more than 300 mg/L and a suspended solids (SS) concentration of not more than 300 mg/L. Normal domestic wastewater is considered to have a concentration which may generally range from approximately 125 to 300 mg/L of both BOD and SS.

“Wastewater treatment plant (WWTP)” means that portion of the POTW which is designed to provide treatment of municipal sewage.

“Water distribution main” means that dedicated portion of the waterworks system which transmits and distributes water of the city from treatment facilities (wells) and storage facilities to the users, excluding service lines. Water distribution mains are a minimum of six inches in diameter.

“Water quality standards” means provisions of state, territorial, authorized tribal or federal law approved by EPA that describe the desired condition of a water body and the means by which that condition will be protected or achieved.

“Water service line, building” means that portion of the waterworks located on the building side of the curb stop, which may be located in rights-of-way, easement or private property, connecting the user’s building or premises to the water service line; includes all piping to the user’s building(s).

“Water service line, city” means that portion of the waterworks which is located within the public street right-of-way, utility easement, or access dedicated to and accepted by the city, from physical tap on the water main to the curb stop to which one or more water service lines/buildings are connected, which connects to a water distribution main.

“Waterworks” means any and all rights and property of the city concerning water and water supply facilities. Any and all devices, facilities, structures, equipment or works owned or used by the city for the purpose of collection, storage, transmission, treatment, regulation or distribution of potable water, including land, wells, distribution mains, pumping facilities, metering devices and their appurtenances.

“Wedge” means a clamp connection between service line to service point. (Ord. 7-2022 §§ 1, 2, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).