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Sussex County, DE
 
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A. 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. 1251 et seq.
APPROVAL AUTHORITY
The Administrator of the EPA in an NPDES state without an approved state pretreatment program.
APPROVED
Accepted or acceptable under an applicable specification cited in this Code or accepted as suitable for the proposed use under procedures and powers of the County Engineer.
AUTHORIZED REPRESENTATIVE OF AN INDUSTRIAL USER
(1) 
A principal executive officer of at least the level of vice president, if the industrial user is a corporation.
(2) 
A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.
(3) 
A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable supply of water from any source or sources.
BACKFLOW PREVENTER
A device or means to prevent backflow.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration (milligrams per liter (mg/l).
BUILDING
A structure built, erected and framed of component structural parts designed for the housing, shelter, enclosure or support of persons, animals or property of any kind.
BUILDING DRAIN
That part of the lowest 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 a point directly outside of the building and to the building sewer.
BUILDING SEWER
That part of the drainage system which extends from the end of the building drain and conveys its discharge to a public sewer, private sewer, individual sewage disposal system or other point of disposal.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standards.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (CPCN)
An approval granted to a private utility for a certain tax parcel by the Delaware Public Service Commission under a process defined in Title 26 of the Delaware Code.
CESSPOOL
A covered excavation in the ground which receives the discharge of domestic sewage or other organic wastes from a drainage system, so designed as to retain the organic matter and solids but permitting the liquids to seep through the bottom and sides.
CODE
When used alone, the Sussex County Code, subsequent amendments or any emergency rule or regulation which Sussex County Council may lawfully adopt.
CONTROL AUTHORITY
The approval authority, defined hereinabove, or, if the County has adopted an approved pretreatment program under the provisions of 40 CFR 403.11, the official designated therein.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
CROSS-CONNECTION
Any connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other water of unknown or questionable safety, whereby water may flow from one system to the other.
CUSTOMER
Any person, firm, corporation or organization supplied with water or provided with sewer service by Sussex County.
DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL (DNREC)
The agency responsible for monitoring all discharges to the surface- and groundwaters of the State of Delaware.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of Delaware.
DRAINAGE SYSTEM
Includes all the piping within a public or private system conveying sewage or other liquid wastes by means of gravity.
DWELLING
A structure having walls and a roof designed and used for the housing, shelter, enclosure or support of persons, animals or property.
EASEMENT
A right acquired by public authority to use or control property for a designated use. An "easement" restricts but does not abridge the rights of the fee owner to the use and enjoyment of his land.
ENGINEER
The duly appointed County Engineer designated by the County pursuant to Title 9 of the Delaware Code, who is the person overseeing all aspects of the Sussex County Engineering Department charged with certain duties and responsibilities under this chapter of the Code or the authorized designee.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency; or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official.
EQUIVALENT DWELLING UNIT (EDU)
An arbitrary term used to express the load-producing effects on the water system and/or sewer system caused by one average-sized residential dwelling.
FACILITY
For the purposes of this chapter, the term "facility" means any of the County-owned and -operated regional wastewater facilities. This definition includes any sewers that convey wastewater to a facility. For the purposes of this chapter, "facility" shall also include any sewers that convey wastewaters to a facility from persons outside Sussex County who are, by contract or agreement with the County, users of the County's facility.
FALL
The slope of a line of pipe in reference to a horizontal plane. In drainage systems it is usually expressed as the "fall" in a fraction-of-an-inch-per-foot length of pipe.
FIXTURE UNIT (FU)
A quantity in terms of which the load-producing effects on the water system and/or sewer system of fixtures are expressed on a representative chosen scale.
FRONT FOOTAGE
Assessable parcel footage measurement as determined in this chapter and by the Official Sussex County Property Map.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, manufactured homes, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into a County facility including holding tank waste discharged into the system.
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTE
Waste that originates from a business or industry having a standard industrial classification (SIC) code or an expected classification, or having a reasonable potential, in the opinion of the Engineer, to adversely affect the facility (inhibition, pass-through of pollutants, sludge contamination or endangerment of staff).
INTERCEPTOR or SEPARATOR
A device designed and installed to separate and retain deleterious, hazardous or undesirable matter from normal waste streams while permitting the normal waste stream to discharge into the drainage system.
INTERFERENCE
The inhibition or disruption of the facility treatment processes or operations which contributes to a violation of any requirement of the NPDES permit. The term includes prevention of sewage sludge use or disposal in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act[1] or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA), applicable to the method of disposal or use employed by the facility.
MULTIPLE LIVING UNIT
A condominium unit, townhouse unit, apartment unit, hotel or motel room, manufactured home site, campground site, travel trailer site and all other types of living units located on a single parcel.
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface- or groundwater.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a "new source" means any source, the construction of which is commenced after the date of promulgation of the standard.
PARCEL
An area of land measured, surveyed and plotted and set apart for separate use, ownership and occupancy possibly encompassing two previously recorded individual lots.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
PH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, garbage, sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTABLE WATER
Water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the primary and secondary standards of the Safe Drinking Water Act.[2]
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a facility. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARD
See definition of "National Categorical Pretreatment Standard" above.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by Sussex County used in this chapter interchangeably with "facility."
RIGHT-OF-WAY
A legal right of passage over another person's ground acquired by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface- and groundwaters are not intentionally admitted.
SCATTERED PARCEL
Any single parcel of land abutted on at least two sides by developed property.
SEPTAGE
Liquid and solid materials pumped from a septic tank, cesspool or holding tank, excluding industrial waste.
SEPTAGE DISCHARGE FEE
A fee assessed to a user for each discharge made at the facility.
SEPTIC TANK
A watertight receptacle which receives the discharge of a drainage system and is designed and constructed to separate solids from the liquid, digest organic matter through a period of detention and allow the liquids to discharge into the soil outside of the tank through a system of open joint or perforated piping or disposal pit.
SEWAGE
Used interchangeably with "wastewater."
SEWER SYSTEM
All improvements utilized for collecting, transmitting, treating, process monitoring and disposing of sewage.
SEWER SYSTEM CONCEPT EVALUATION (SSCE)
A Sussex County Engineering Department fee-based service study identifying system connection point(s), service to off-site parcels, district status and necessity of any use of existing infrastructure agreement.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the County's wastewater disposal system who has a discharge flow of 10,000 gallons or more per average workday or has a flow greater than 5% of the flow in the County's wastewater treatment system or has, in his wastes, toxic pollutants as defined pursuant to Section 307 of the Act or is found by the County, Delaware DNREC or the United States Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STORMWATER
Any flow occurring during or following any form of natural precipitation and runoff resulting therefrom.
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
TECHNICAL BULLETIN FOR BUILDING SEWER AND WATER SERVICE
A nonregulatory document outlining standards and details for the installation of private building sewers and water service lines. Modifications to this document based on the latest technology shall be posted on the Sussex County website 30 days prior to taking effect.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a)[3] or other acts.
TRAP
A fitting or device so designed and constructed as to provide, when properly vented, a liquid seal which will prevent the back passage of air without materially affecting the flow of sewage through it.
UNIFIED SANITARY SEWER DISTRICT
The Unified Sanitary Sewer District of Sussex County with boundaries as established and/or subsequently amended by Sussex County Council.
USER
Any person, partnership, corporation or an employee thereof that utilizes a facility for discharge of septage.
VACUUM BREAKER
A device which prevents backsiphon of water by admitting atmospheric pressure through ports to the discharge side of device.
VENT SYSTEM (VENTED)
A system of pipe or pipes installed to provide a flow of air to or from a drainage system or to provide a circulation of air within such system to protect trap seals from siphonage and back pressure.
WASTEWATER (used interchangeably with SEWAGE)
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated, which are contributed into or permitted to enter the facility.
WATER MAIN
A water supply pipe for public use.
WATER SERVICE PIPE
The pipe from the connection point of the public water system to the structure.
WATER SYSTEM
All facilities for supplying, treating, storing, transmitting, distributing and measuring water.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42 U.S.C. § 7401et seq., and 15 U.S.C. § 2605 et seq., respectively.
[2]
Editor's Note: See 42 U.S.C § 300f et seq.
[3]
Editor's Note: See 33 U.S.C. 1251 et seq.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
C. 
Abbreviations. The following abbreviations shall have the designated meanings:
BOD — Biochemical oxygen demand.
CFR — Code of Federal Regulations.
COD — Chemical oxygen demand.
CPCN — Certificate of Public Convenience and Necessity.
DNREC — Delaware Department of Natural Resources and Environmental Control.
EDU — Equivalent dwelling unit.
FU — Fixture unit.
mg/l — Milligrams per liter.
NPDES — National Pollutant Discharge Elimination System.
SIC — Standard industrial classification.
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et. seq.
TSS — Total suspended solids.
USC — United States Code.