Chapter 13.02
DEFINITIONS

Sections:

13.02.010    Definitions generally.

13.02.010 Definitions generally.

Unless the context specifically indicates otherwise, the meaning of terms used in the utility code are as follows:

“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.

“Air gap” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device, and the flood level rim of such vessel. All approved air gaps shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel, and in no case less than one inch. When an air gap is used at the service connection to prevent the contamination or pollution of the public potable water system, an emergency bypass shall be installed around the air gap system, and an approved reduced pressure principle device shall be installed in the bypass system.

“Alternative sewage disposal system” means alternative wastewater treatment process(es) and technique(s) which are proven methods providing for the reclaiming and reuse of water and productively recycled wastewater constituents, or otherwise eliminate the discharge of pollutants. (See Appendix E of the Innovative and Alternative Technology Guidelines, EPA Innovative and Alternative Technology Assessment Manual, MCD53).

“ASTM” means the standard specifications or methods of the American Society for Testing Materials of the serial designation indicated by the number, and, unless otherwise stated, all references refer to the latest adopted revision of such specification or method.

“Authorized or duly authorized representative of the user” means:

1. If the user is a corporation:

a. The president, secretary, treasurer. or a vice-president of the corporation in charge of a principal business function or another person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3. If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

4. The individuals described in subsections (1) through (3) of this defintion may designate a duly authorized representative if 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 environmental matters for the company, and the written authorization is submitted to the city.

“Auxiliary water supply” means any water supply on or available to the premises, other than the city’s approved public potable water supply. These auxiliary waters may include water from another provider’s public potable water supply, or any natural source(s) such as a well, spring, river, stream, harbor, etc., or “used waters” or “industrial fluids.” These waters may be polluted or contaminated, or they may be objectionable and constitute an unacceptable water source over which the city does not have sanitary control.

“Back-siphonage” means the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system, from any source other than its intended source, caused by the sudden reduction of pressure in the potable water supply system.

“Backflow” means the flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable water supply from any source or sources other than its intended source.

“Backflow preventer” means a device or means designed to prevent backflow or back-siphonage.

“Best management practices” or “BMP” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in 40 CFR 403.5(a)(1) and (b), the requirements of this chapter, and to control site runoff, spillage or leaks, sludge or waste removal, or drainage from raw materials storage, as further provided in SMC 13.52.490. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“BOD (biochemical oxygen demand)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams/liter (mg/l). (EPA Standard Methods 5210(8) shall be used for any tests of BOD).

“Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building, and conveys it to the building sewers, beginning five feet (one and one-half meters) outside the inner face of the building walls.

“Building service line” means all water service piping on the customer’s side of the main service meter where the meter is within the public right-of-way or easement. Also, all other service connection piping between the meter and the main located on private property (excluding water meters) where the city does not have existing agreements to maintain and replace such piping.

“Building sewer” means that part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system, or other point of disposal.

“Business day” or “working day” means Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding any city-recognized holidays.

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

“City” means the city of Silverton.

“COD (chemical oxygen demand)” means the quantity of oxygen, expressed in milligram per liter, utilized by decomposition of organic and inorganic contaminants, dissolved or suspended in water, during a two-hour oxidation test. (EPA Standard Methods 5220(D) shall be used for any tests of COD).

“Commercial business” means a business establishment which furnishes goods or services to either the general public or other commercial operations.

“Controlled cross-connections” means a connection between a potable water system and a nonpotable water system, with an approved backflow-prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.

“Cross-connection” means any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system. Other types of cross-connections include but are not limited to connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or changeover devices, sliding multiport tube, and solid connections.

“Customer” means the owner, agent, tenant or other authorized representative responsible for occupancy of the premises that is served by a city utility system. A person, corporation, association or agency which rents or leases premises shall be considered an agent of the property owner; also a “user.”

“Developer” means any person, company or corporation who purchases or holds an interest in real property with the intent to increase the value thereof by the installation of utilities, construction of a building or buildings, grading, ditching, improving or enhancing the ground or structures for the purpose of resale.

“Director” means the public works director for the city or the director’s designee.

“Domestic flow” means volume used during peak-hour usage at a minimum residual gauge pressure of 20 psi.

“Domestic wastewater” means wastewater of the type commonly introduced into a treatment works by residential users.

“Double-check valve assembly” means an assembly of two independently operating approved check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing agency for backflow-prevention devices. To be approved, these devices must be readily accessible for the in-line maintenance and testing.

“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

“Existing source” means any source of discharge that is not a “new source.”

“Garbage” means the solid animal and vegetable waste from the domestic and commercial preparation, cooking and dispensing of food, and from handling, storage and sale of produce.

“Indirect discharge” or “discharge” means the introduction of pollutants into the sewage treatment plant from any nondomestic source.

“Industrial facility” means an establishment primarily engaged in manufacturing, processing or fabrication of goods.

“Industrial user” means any nongovernmental, nonresidential user of a publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:

Division A – Agricultural, Forestry and Fishing.

Division B – Mining.

Division D – Manufacturing.

Division E – Transportation, Communication, Electric, Gas and Sanitary Services.

Division I – Services.

“Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sewage treatment plant, its treatment processes or operations or its sludge processes, use or disposal; and, therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, 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.

“Living unit” means any of the following:

1. A single-family dwelling;

2. A habitable unit of multifamily dwelling(s), including an apartment; or

3. A condominium.

“Local limit” means the specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

“Mains” means distribution pipelines that are part of the city water system.

“Multiuser” means a customer supplied with water service to more than one living unit, commercial business or industrial facility, or combination thereof, from one water service connection.

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

“New source” means:

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 or Chapter 13.52 SMC of the utility code, that will be applicable to such source if such pretreatment standards are thereafter promulgated in accordance with that section or chapter; 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.

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 subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

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

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment; or

ii. 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

b. 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 section.

“Nonpotable water” means water that is not safe for human consumption, or which is of questionable potability.

“NPDES permit” means the city National Pollutant Discharge Elimination System permit.

“Operation and maintenance” means activities required to assure the dependable and economical function of the treatment works.

1. “Operation” means control of the unit processes and equipment which make up the treatment works. This includes financial and personnel management, records, laboratory control, process control, safety and emergency operation planning.

2. “Maintenance” means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement of equipment as needed.

“Pass through” means a discharge which exits the sewage treatment plant 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’s NPDES permit, including an increase in the magnitude or duration of a violation.

“Permittee” means a user who receives a wastewater permit pursuant to Chapter 13.52 SMC.

“Person” means any individual, firm, company, association, society, group or corporation.

“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

“Potable water” means any water which, according to recognized standards, is safe for human consumption.

“Premises” means the integral property or area, including improvements thereon, to which water service is or will be provided.

“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

“Pretreatment standards” means prohibited discharge standards, categorical pretreatment standards, and local limits.

“Private sewer” means a privately owned and maintained lateral sewer system normally six or eight inches in diameter, installed to serve multi-unit structures on single-ownership properties, which cannot legally be further divided, such as apartments, mobile home parks, schools and condominiums.

“Prohibited discharge standards” means the prohibitions set forth in SMC 13.52.020 through 13.52.050.

“Properly shredded garbage” means the wastes from the preparation, cooking and disposing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

“Property owner” means the owner of the premises who is also the ultimate responsible party for all customer charges and fees. The property owner may also be the customer for any given premises.

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

“Reduced pressure principle device” means an assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shutoff valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and city-approved testing agency for backflow-prevention assemblies. The device shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the device. These devices must be readily accessible for in-line maintenance and testing, and be installed in a location where no part of the device will be submerged.

“Replacement” means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.

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

“Service connection” means a water connection or sewer connection as the context indicates.

“Service connection charge” means the fee levied to pay for the cost of labor, materials and any inspection required during the construction of a utility service line from the water or sewer main to the property that is to be served, with the charges to be itemized on a standard city billing form.

Sewage, Sewerage, or Sewer Water. See “Wastewater.”

“Sewage treatment plant” means publicly owned facilities for collecting, pumping, treating and disposition of sewage which is owned by the city. This definition 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.

“Sewer” means a pipe or conduit for carrying sewage.

“Sewer connection” means a public sewer that has been constructed to the property line or right-of-way line from a public main for the sole purpose of providing a connection for the building sewer.

“Significant industrial user” means:

1. An industrial user subject to categorical pretreatment standards; or

2. An industrial user that:

a. Discharges an average of 25,000 gpd or more of process wastewater to the sewage treatment plant (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

b. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the sewage treatment plant; or

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the sewage treatment plant’s operation or for violating any pretreatment standard or requirement.

3. Upon a finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the sewage treatment plant operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

“Significant noncompliance” has the meaning set forth in SMC 13.52.350.

“Slug load” or “slug discharge” means any discharge of water, sewage or industrial waste at a flow rate or concentration which could cause a violation of the prohibited discharge standards in SMC 13.52.090. This includes 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 violate the sewage treatment plant’s regulations, local limits or permit conditions.

“Stormwater” means a sewer designed to carry only stormwaters, surface runoff and street wash waters, and drainage.

“Surface water” means all natural water whose surface is exposed to the atmosphere, including natural drainage ways, stream corridors, rivers, ponds, wetlands, and impoundments.

“System development charge” means the fee or charge assessed to each commercial business, industry or living unit for the right to connect to the city’s sewer or water system, and which is used for expansion of those systems.

“Temporary service” means service of limited duration.

“TSS (total suspended solids)” means the total suspended matter that floats on the surface, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering. (EPA Standard Methods 2450(D) shall be used for any tests for TSS).

“Useful life” means the period during which a treatment works is planned and designed to be operated.

User. See “Customer.”

“User service charge” means a charge levied on customers that may be a combination of a base fee, a usage fee and a fixed fee as set by resolution and/or ordinance.

“Utility” or “utility system” means sewer, water and stormwater management services provided by the city of Silverton.

“Utility code” has the meaning set forth in SMC 13.01.010.

“Utility rate” is the rate established by city council to cover the cost of providing utility system services.

“Utility service” means services provided for water, stormwater and sewer.

“Wastewater” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such incidental groundwater, surface water and stormwater as may be present.

“Wastewater permit” means a permit issued by the city to an industrial user pursuant to Chapter 13.52 SMC.

“Water connection” means the pipe, valves, fittings and meter by means of which the city conducts water from its main to and through a meter(s), but not including piping from the meter to the premises served.

“Water main” means water pipe and all necessary valves, fittings, hydrant connections and other appurtenances used for the distribution of water.

“Water system” means all municipally owned facilities of the city used to supply, process and distribute drinking-quality water to each customer service connection or temporary service.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015)