§ 1054.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
   APPROVED LABORATORY PROCEDURES. The measurements, tests and analyses of the characteristics of water and wastes in accordance with analytical procedures determined acceptable by Federal guidelines as established in 40 C.F.R. part 136, or as approved by the Regional Administrator, U.S. Environmental Protection Agency.
   AUTHORITY or CONTROL AUTHORITY. The City of Barberton, Ohio, which is enacting and enforcing this chapter.
   BACKGROUND CONCENTRATION. The concentration of pollutants found in sewerage system wastewater from city residential areas where only domestic or uncontrollable wastewater flow is present. The BACKGROUND POLLUTANT CONCENTRATIONS are to be established by the city and re-evaluated at least annually.
   BEST MANAGEMENT PRACTICES or BMPs. Schedule of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in O.A.C. 3745-3-04. BMPs also 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.
   BIODEGRADABLE. Material that shall be easily amenable to breakdown to acceptable levels by biological processes present in the city’s sewerage treatment system. The Superintendent of Utilities shall determine whether a material is BIODEGRADABLE if such determination is required.
   BYPASS. The intentional diversion of waste streams away from any portion of an industrial user’s treatment facilities.
   CATEGORICAL PRETREATMENT STANDARDS. National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the wastewater treatment system by specific industrial dischargers designated by federal or state regulations. Industrial users which are covered by these regulations may be classified in one of the following three sub- categories:
      (1)   Significant categorical user;
      (2)   Non-significant categorical industrial user; and
      (3)   Mid-tier categorical industrial user.
   COOLING WATER. The wastewater discharged from any system of heat transfer, such as condensation, air conditioning, cooling or refrigeration.
   DISCHARGE. The introduction of pollutants into a POTW from any non-domestic source regulated under § 307(b), (c) or (d) of the Act.
   INDUSTRIAL USER or USER. Any non-domestic source of pollutants discharged into the Barberton POTW and regulated under § 307(b), (c) or (d) of the Act.
   INDUSTRIAL WASTE. The solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process.
   INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
      (2)   Causes, therefore, a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations).
   mg/l. Milligrams per liter.
   MID-TIER CATEGORICAL INDUSTRIAL USER. A categorical user that meets one of the following:
      (1)   The industrial user must not discharge total categorical wastewater that exceeds:
         (a)   0.01% of the design dry weather hydraulic capacity of the receiving POTW;
         (b)   Five thousand gallons per day of total categorical wastewater;
         (c)   0.01% of the design dry weather organic treatment capacity of the receiving POTW; and
         (d)   0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standards for which a local limit has been developed.
      (2)   The industrial user’s flow must be monitored by a continuous effluent flow monitoring device unless the user discharges in batches;
      (3)   The industrial user must not have been in significant non-compliance in the past two years;
      (4)   The daily flow rates, production levels or pollutant levels of the industrial user cannot vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period;
      (5)   If the industrial user is located upstream of a combined or sanitary sewer overflow, the issues relating to the overflows must be addressed through either a long-term control plan, an approved combined sewer system operation plan implementing the nine minimum controls, or the program modification request; and
      (6)   The industrial user will be inspected and the effluent randomly sampled at least one every two years by the city.
   NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface water.
   NEW SOURCE. 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 § 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section. Construction by an industrial user will be classified as a NEW SOURCE if:
      (1)   The construction is carried out at a site at which no other source is located;
      (2)   The construction totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
      (3)   The production of wastewater generating processes of the constructed facility are substantially independent of an existing source at the same site.
   NON-CONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product of a user’s processes, but which still may contain pollutants that are subject to regulation.
   NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER. A categorical user that meets one of the following:
      (1)   The industrial user does not discharge more than 100 gallons per day of total categorical wastewater. That does not include sanitary, non-contact cooling and boiler blowdown wastewater unless it is specifically included in the categorical pretreatment standard;
      (2)   No untreated concentrated wastewater, which is regulated by the categorical pretreatment standards, may be discharged at any time;
      (3)   The user must certify and provide required justification and supporting documentation annually that:
         (a)   The facility met the definition of a NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER;
         (b)   The facility complied with all applicable pretreatment standards and requirements during the reporting period (as defined in O.A.C. 3745-30-01(P)); and
         (c)   The facility never discharged more than 100 gallons of total categorical wastewater on any given day during the reporting period.
      (4)   If the user is located upstream of a combined or sanitary sewer overflow the following additional requirements must be met for the application of the classification:
         (a)   The industrial user does not discharge wastewater that is regulated by categorical pretreatment standards;
         (b)   The industrial user must not have been in significant non-compliance at any time in the past two years; and
         (c)   Procedures for issues relating to combined or sanitary sewer overflows must be addressed through either a long-term control plan, an approved combined sewer system operation plan implementing the nine minimum controls or the program modification request.
      (5)   The city will evaluate the industrial user annually to determine if the user still meets the requirements for classification as a NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER.
   NPDES PERMIT or PERMIT. A permit issued to a POTW pursuant to § 402 of the Act.
   OHIO EPA. The Ohio Environmental Protection Agency.
   OILS AND GREASES. Those materials extractable from an acidified sample by hexane or other acceptable solvent in accordance with approved laboratory procedures.
   ORGANIC. Containing carbon compounds.
   PASS THROUGH. A discharge which exits the POTW into waters of the state 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 requirements of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).
   pH. The logarithm to the base ten of the reciprocal of the concentration of the hydrogen ions in grams per liter of solution.
   POTW or PUBLICLY OWNED TREATMENT WORKS. A treatment works owned and operated by the city, including any devices or system used for conveyance, storage, treatment or reclamation of sewage or industrial wastes of a liquid nature. POTW also means the municipality which has jurisdiction over the discharges to, and the discharges from, such a treatment works.
   PRETREATMENT. 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. APPROPRIATE PRETREATMENT TECHNOLOGY includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW.
   PRETREATMENT FACILITY. An arrangement of devices, equipment and structures for treating and monitoring wastewater prior to discharge to a POTW.
   PROCESS WASTEWATER. Any water which, during manufacturing or processing operations, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.
   PUBLIC SEWER. Any sewer owned by the city, including storm and sanitary sewers.
   RADIOACTIVITY. The spontaneous decay or disintegration of an unstable atomic nucleus, accompanied by the emission of radiation.
   SANITARY SEWAGE. Sewage containing water-carried wastes contributed from premises by reasons of human occupancy.
   SANITARY SEWER. A sewer which carries sanitary sewage and/or industrial wastes and to which storm, surface and ground waters are not intentionally admitted.
   SEVERE PROPERTY DAMAGE. Substantial physical damage to property, substantial damage to the treatment facility which would cause it to become inoperable, or substantial and permanent loss of natural resources which cannot reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
   SEWER SERVICE CHARGE. The total charge to a sewerage system user.
   SEWERAGE SYSTEM. All of the facilities required to transport sewage from the premises of the source to a sewage treatment facility and shall include the treatment and disposal facility.
      (1)   Except as provided in division (2) below, all industrial users subject to categorical pretreatment standards; and any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential, in the opinion of the Superintendent, to adversely  affect the POTW’s operation or for violating any pretreatment standard or requirement.
      (2)   The Superintendent may any time, on his or her own initiative or in response to a petition received from an industrial user, determine that a non-categorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.
   SLUG DISCHARGE. Any pollutant, including oxygen demanding pollutants (biochemical oxygen demand and the like) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.
   STORM SEWER. A sewer which carries water runoff and drainage and is not to carry sanitary sewage, industrial wastes or other polluted wastewaters.
   SUPERINTENDENT. The Superintendent of Utilities of the City of Barberton.
   TOXIC SUBSTANCES. Those substances or combinations of substances, including disease causing agents which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organisms, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Superintendent, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations of such organisms or their offspring.
   UNPOLLUTED WATER. Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable for disposal to storm or natural drainages or directly to surface waters.
   UPSET. An exceptional incident in which there is unintentional and temporary non-compliance with pretreatment standards and limitations because of factors beyond the reasonable control of the industrial user. An UPSET does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
   WASTEWATER. A combination of liquid and water-carried wastes.
   WATERS OF THE STATE. Any water, surface or underground, including saline waters, within the boundaries of the state, exclusive of water in sewerage systems.
(Prior Code, § 1054.01)  (Ord. 59-1991, passed 4-8-1991; Ord. 62-1993, passed 4-26-1993; Ord. 149-2013, passed 9-9-2013)