1. “Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.

2. “Ammonia Nitrogen (NH3)” means the total free ammonia nitrogen measured as nitrogen and expressed in milligrams per liter.

3. “Authorized Representative of the Industrial User” means

4. “Available sewer” means any sewer that can be used without the need to acquire easements and where sufficient grade and capacity exists to serve the property and where the public sewer is within 150 feet of the property.

5. “Biochemical Oxygen Demand (BOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).

6. “Best Management Practices or BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in MMC 13.05.010(A) and (B) in accordance with 40 CFR 403.5(a)(1) and (b). 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.

7. “Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes within or adjoining the building or structure, and conveys the same to the building sanitary sewer.

8. “Building Official” means the building official for the city, or his or her duly authorized representative or agent.

9. “Building sewer” means the portion of a sanitary sewer system extending from the street right-of-way or public easement line to the building cleanout, or if no cleanout exists, to a point five feet outside the building. The building sewer receives the discharge of the building drain and conveys it to a public sewer.

10. “Building storm sewer” means that part of the piping of a stormwater drainage system which begins at the connection to the building storm drain at a point five feet outside the established line of the building or structures, and conveys stormwater, surface water, and other unpolluted water to the public storm sewer, street, and other point of disposal.

11. “Business building” means and includes buildings used wholly or in part for the conducting of any commercial, retail, or wholesale business or service agency, but this enumeration shall not be deemed exclusive, and all other buildings or premises used for any commercial purpose other than a residence or for manufacturing and industrial purposes shall be deemed a business building.

12. “Categorical Industrial User” means an Industrial User subject to a Categorical Pretreatment Standard or categorical standard.

13. “Categorical Pretreatment Standards” 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.

14. “Chemical Oxygen Demand (COD)” means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

15. “City” means the municipality of McMinnville, Oregon, a municipal corporation of the state of Oregon, acting through the city council or any board, committee, body, official or person to whom the city council shall have lawfully delegated the power to act for or on behalf of the city.

16. “Collection system” means facilities maintained by the city for collection, pumping, conveying and controlling wastewater.

17. “Combined sewer” means a sewer that is designated as both a sanitary sewer and a storm sewer.

18. “Composite sample” means a sample made up of a number of combined individual grab samples collected at uniform intervals based on an increment of either time or flow.

19. “Control manhole” means a manhole installed as required by the Director under the provisions of Chapters 13.04 through 13.12 MMC; or if no manhole has so been installed, the term “controlled manhole” means such a point, as shall be determined by the Director to which industrial wastewater is produced on the premises and discharged into a sanitary sewer are accessible for testing.

20. “Cooling water” means the water discharged from any use to which the only pollutant added is heat.

21. “Daily maximum” means the maximum value of a particular parameter recorded from effluent samples collected during a calendar day.

22. “Daily Maximum Limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

23. “Defects” mean cracks, broken pipe, crushed pipe, open or offset joints, root intrusion, or other imperfection in a sanitary sewer pipe which can potentially allow entry of ground water into the sanitary sewer system. Defects shall also include direct connections as defined below.

24. “Direct connections” mean the connections of roof drains, foundation drains, or similar conduits to the sewer lateral or main which may allow entry of rain, surface drainage, or ground water into the sanitary sewer system.

25. “Direct discharge” means the discharge of treated or untreated wastewater directly into the waters of the state of Oregon.

26. “Director” means the community development Director or his or her duly authorized representative or agent.

27. “Discharge” means the deposit of pollutants into the city sewerage system.

28. “Dormitory,” “fraternity,” or “sorority” means a building designed, intended, or used for accommodation for students or living groups of unrelated persons which may or may not furnish meals with said accommodation.

29. “Drainage water” means stormwater, ground water, surface drainage, subsurface drainage, spring water, well overflow, roof drainage or other like drainage other than wastewater or industrial wastewater.

30. “Dwelling unit” means a facility designed for permanent or semi-permanent occupancy and provided with minimum kitchen, sleeping, and sanitary facilities for one family.

31. “Engineer” means an engineer licensed by the state of Oregon.

32. “Environment” means any naturally occurring river, stream, creek, or other waterway, and land mass, the atmosphere, or any subsurface water, aquifer, or groundwater or any manmade edifice directly or indirectly connected to the waterways, land masses, atmosphere, or groundwater as herein listed.

33. “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.

34. “Equivalent Dwelling Unit” (EDU) means a nonresidential unit which is deemed equivalent to a residential dwelling unit as provided herein or as provided in the Oregon State Plumbing Specialty Code.

35. “Existing source” means any source of discharge that is not a “New Source.”

36. “Fixture Unit” (FU) means fixture load values for drainage piping and shall be as specified in MMC 13.08.050(A)(2). and as specified in the Oregon State Plumbing Specialty Code and Administrative Rules.

37. “Flow” means the daily total of wastewater flow from an industrial or residential source.

38. “Frontage” shall be measured along the adjacent street or along the sewer itself where it traverses a parcel. Frontage measurements will be only for those portions of a parcel being developed including parking lots, lesser structures, and general improvement. The balance of the parcel shall be subject to future charges at rates then in force.

39. “Garbage” means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.

40. “Governmental building” means and includes buildings used wholly or in part by the city service districts, Yamhill County, the State, and the United States Government or any agency of the before-mentioned governmental divisions.

41. “Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

42. “Grace period” means the 90 calendar day period beginning on the date of the notice of a defect. The city may make incentives available during the grace period to encourage property owners to replace defective building sewers. Penalty assessments shall begin at the end of the grace period.

43. “Holding tanks or septic tank waste” means waste from chemical toilets, campers, trailers, coffee stands, or septic tanks.

44. “Indirect discharge” means the introduction of pollutants into a POTW from any nonresidential source regulated under Section 307(b), (c), or (d) of the Act.

45. “Industrial or manufacturing building” means and includes buildings used wholly or in part for the manufacturing and fabrication of any article or thing.

46. “Industrial User” means any person, including a mobile waste hauler, who discharges wastewater from a source other than a residential dwelling unit(s) directly connected into the city wastewater system. An Industrial User is a source of indirect discharge.

47. “Industrial wastewater discharge permit” means a permit to discharge industrial wastewater into the city sewer system issued under the authority of Chapters 13.04 through 13.12 MMC and which prescribes certain discharge requirements and limitations. This may be an individual or general permit, which may incorporate best management practices (BMPs).

48. “Industrial wastewater” means any nonresidential liquid, gaseous substance, or semisolid from any producing, manufacturing business or trade, or processing operation of whatever nature (as distinct from residential wastewater).

49. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

50. “Institution” means any building or group of buildings used as a correction facility, schools, care facilities, hospitals and similar; publicly or privately owned.

51. “Institutional building” means and includes a building used wholly or in part by an institution.

52. “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its biosolids processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of biosolid 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 including: 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 biosolids 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.

53. “Lateral” means any side lateral pipeline off a sewer main which is in the public right-of-way or easement, operated and maintained by the city and to which a building sewer connects or may connect.

54. “Lateral or building sewer preventive and corrective maintenance” means those activities required to preserve or restore functional operation and the free-flowing condition of the sewer. These activities include, but are not limited to, inspection, root and blockage removal, and cleaning.

55. “Lateral or building sewer structural maintenance” means those construction, pipe repair, and pipe replacement activities required to correct defects and preserve the structural integrity and watertight condition of the sewer.

56. “Local Limit” means a specific discharge limit 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).

57. “Manufactured home park” means and includes all trailer courts and other similar installations offering accommodations for two or more manufactured homes, whether or not such manufactures homes are on wheels, skids, or permanent or semi-permanent foundations.

58. “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

59. “Mobile waste hauler” means a person whom, by contract or otherwise, collects wastewater, including residential wastewater and septage, for transportation to and discharged at city designated sites.

60. “Mobile waste hauler permit” means a permit issued pursuant to Chapters 13.04 through 13.12 MMC.

61. “Month” as used in Chapters 13.04 through 13.12 MMC refers to billing cycle or month as determined by McMinnville water and light.

62. “Monthly average” means the sum of all daily values measured during a calendar month divided by the number of daily value discharges measured during that month.

63. “Monthly average limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

64. “Motel” or “hotel” means a building or group of buildings designed, intended, or used for the accommodation of tourists, transient and seasonally permanent guests for compensation.

65. “Multifamily dwelling” means a building or group of buildings or dwelling units or portion thereof designed for occupancy by two or more families, living independently of each other.

66. “Multiple-family resident” means and includes all buildings and structures used primarily for housing more than a single family, and will include duplexes, triplexes, four-plexes, apartments, condominiums, and manufactures home parks.

67. “National Pollutant Discharge Elimination System (NPDES) permit” means a permit issued pursuant to ORS 468B.050 and the Act.

68. “National pretreatment standards or Standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

69. “National prohibitive discharge standards or prohibitive discharge standard” means prohibited discharges under the authority of 40 CFR 403.5.

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

71. “New source” means:

72. “North American Industry Classification System (NAICS)” means the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy, which was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the Standard Industrial Classification (SIC) system.

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

74. “OSPSC” means the current edition of the Oregon State Plumbing Specialty Code, as adopted by the Oregon Department of Consumer and Business Services, Building Codes Division.

75. “Pass through” means the occurrence of an indirect 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).

76. “Parameter” means a characteristic of wastewater that may be measured or calculated and is used in Chapters 13.04 through 13.12 MMC as a discharge limitation.

77. “Permittee” means any person or business that holds a control mechanism (permit or BMP) issued by the city for the purpose of discharging wastewater into the municipal sewer system.

78. “Person(s)” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company entity or their legal representatives, agents or assignees. This definition includes all federal, state, or local government entities.

79. “pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units (SU).

80. “Plant manager” means the person designated by the city to supervise the operation of the POTW, or a duly authorized representative thereof.

81. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt; municipal, agricultural and industrial wastes; and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

82. “Pollution” means the degradation of the chemical, physical, biological, or radiological quality of the ground, surface, subsurface, or storm drainage waters by man, or the activities thereof.

83. “Pollution prevention” means source reduction and other practices that reduce or eliminate the creation of pollutants through:

84. “Preliminary treatment facilities” means any device, structure or method which will remove specified pollutants and/or chemicals from the wastewater prior to its discharge into the public sewer.

85. “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 introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

86. “Pretreatment requirement” means any substantive or procedural requirement related to pretreatment imposed on an Industrial User, other than a pretreatment standard.

87. “Private collection system” means a privately owned and maintained sewer system installed to serve multiunit structures on single ownership properties, which cannot legally be further divided, such as apartments, manufactured home parks, and schools. A single-family residence with an unattached garage or shop with sanitary facilities is exempt from this definition.

88. “Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

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

90. “Publicly Owned Treatment Works (POTW)” means a treatment works, as defined by Section 212 of the Act (33 U.S.C. section 1292), 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.

91. “Recreational vehicle park” means a facility intended for the short term transitory use of a recreational vehicle trailer or motor home. The use is primarily for vacation or travel. The length of stay is generally one week or less, but occasionally could be up to one month. This use does not include a trailer or motor home being used as a permanent residence.

92. “Replacement” means obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

93. “Residential sewage or waste” means wastewater of the type commonly introduced into a treatment works by residential users and includes the contents of chemical toilets, septic tanks, and waste holding tanks provided they contain wastewater of the type commonly introduced by residential users.

94. “Residential user” means the occupant or lessee of a dwelling unit as defined in Chapters 13.04 through 13.12 MMC. The dwelling unit may be single-family dwelling, or a portion of a multifamily dwelling.

95. “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 ground, storm and surface waters that are not admitted intentionally.

96. “Septage” means the liquid and solid material pumped from a septic tank, cesspool, or similar residential wastewater treatment system, or a holding tank when the system is cleaned or maintained.

97. “Settleable solids” means those solids that are capable of being settled in a standard Imhoff cone as outlined in “Standard Methods.”

98. “Sewerage system (system)” means the entire wastewater collection and treatment system, exclusive of building sewers. This includes all conduits, pumps, treatment equipment and any other components involved in the collection, transportation, treatment, and disposal of sanitary and industrial wastewater and biosolids.

99. “Sewer main” means any public sewer except for laterals.

100. “Sewer user” means any person using a city sewer; or who has a residence, multifamily or commercial building, institutional building, industrial facility, or other structure containing plumbing, requiring connection to a sanitary sewer as outlined by Chapters 13.04 through 13.12 MMC.

101. “Sewer user charge” means a charge levied on sewer users of a treatment works for the sewer user’s proportionate share of the cost of operation and maintenance (including replacement) of such works.

102. “Shall” is mandatory; “May” is permissive.

103. “Significant Industrial User” except as provided in subsection (A)(103)(b)(iii) of this section a Significant Industrial User is:

104. “Single-family dwelling” or “single-family residence” means any residential building designed for occupancy by only one family.

105. “Slugload or slug discharge” means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in MMC 13.05.010. A slug discharge is any discharge of a not routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, Local Limits or permit conditions.

106. “Standard Industrial Classification (SIC)” means a classification pursuant to the “Standard Industrial Classification Manual” issued by the Executive Office of the President, Office of Management and Budget, 1972; as amended from time to time.

107. “Standard Methods” means the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water and Wastewater,” published jointly by the American Public Works Health Association, the American Water Works Association and the Water Environment Federation.

108. “Storm drain” means that portion of the storm drainage system that is within the public right-of-way or easement operated and maintained by the city. This may include, but is not limited to, pipes, culverts, ditches, waterways, or any other appurtenances used for the removal or transportation of rainwater or other unpolluted water.

109. “Storm sewer” means a sewer which carries storm and surface waters and drainage, but excludes wastewater.

110. “Stormwater” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

111. “System Development Charge” (SDC) or “Connection fee” means and includes the fees to be paid for the privilege of connecting any premises to any city sewer within or without the corporate limits of the city.

112. “Total Phosphorus” (TP) means the concentration of total phosphorus as determined in accordance with 40 CFR Part 136, or as EPA otherwise determines.

113. “Total Suspended Solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

114. “Toxic pollutants” means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA.

115. “Treatment plant” means that portion of the POTW which is designed to provide treatment of residential sewage and industrial waste.

116. “Unit” means the division of measurements used which, in regard to residential, is one unit equals one family, be it in single-family, multiple-family, manufactured home, apartment, or other.

117. “Unpolluted water” means water to which no wastewater or industrial wastewater has been added; or water which has been used in such a manner that no pollutants have been introduced to the flow.

118. “Upset” means an exceptional incident in which an Industrial User unintentionally and temporarily is in a state of noncompliance with the discharge requirements set forth in Chapters 13.04 through 13.12 MMC due to factors beyond the reasonable control of the Industrial User; and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation thereof.

119. “Wastewater” or “sewage” means liquid or water-carried pollutants including any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

120. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

121. “Water user” means any person using water through the facilities of the municipal water system. (Ord. 4987, 2015).