917.03 DEFINITIONS.
   (a)   The following definitions shall apply to Chapter 917, Sewers Generally; Chapter 918, Sanitary Sewer Use; Chapter 919, User Charge System; Chapter 920, Industrial Pretreatment; and Chapter 921, Sewer Construction:
      (1)   "Act" means the Federal Water Pollution Control, as amended by the Clean Water Act and the Water Quality Act of 1987 (33 U.S.C. 1251, et seq.)
      (2)   "Applicable pretreatment standard" means any pretreatment standard or requirement (Federal, State and/or local), deemed to be the most restrictive, with which users are required to comply.
      (3)   "Approval Authority" means the Ohio Environmental Protection Agency and the United States Environmental Protection Agency.
         (Ord. 91-116. Passed 6-18-91.)
      (4)   "Approving Authority" means the Director of Water Reclamation or other designated official of the City, or his duly authorized agent or representative. (Ord. 2004-184. Passed 12-7-04.)
      (5)   "Assigned unit" means the measurement of a connection based on flow. One unit is equal to 1,000 cubic feet (Mcf).
      (6)   "Authority" (City) means the City of Bedford Heights.
      (7)   "Authorized representative of industrial user" may be:
         A.   A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
         B.   A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
         C.   A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
      (8)   "Average monthly discharge limitation" 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 the month.
      (9)   "Average weekly discharge limitation" means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
      (10)   "Beneficial uses" include, but are not limited to, domestic municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible and intangible, as specified by State or Federal law.
         (ORd. 91-116. Passed 6-18-91.)
      (11)   "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20o Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)). Laboratory procedures shall be in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", as defined in subsection (91) hereof.
         A.   Best management practices or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 920.04. 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.
            (Ord. 2015-096. Passed 9-15-15.)
      (12)   "Building drain" means that part of the lowest horizontal piping of a drainage system which received the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the sewer, beginning outside the inner face of the building wall.
      (13)   "Building sewer" means the extension from the building drain to the municipal sewer or other place of disposal.
      (14)   "Bypass" means the intentional diversion of waste streams from any portion of the pretreatment treatment facility.
      (15)   "Capital cost" means that portion of the cost of the sewage treatment system which is directly attributable to the cost of principal and interest obligations issued to finance acquisition and construction of the wastewater systems.
      (16)   "Categorical pretreatment standard" means the same as "National Categorical Pretreatment Standard".
      (17)   "Chemical oxygen demand (COD)" means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures, expressed in terms of parts per million by weight in accordance with procedures set forth in "Standard Methods" as defined in subsection (91) hereof.
      (18)   "Chlorine requirement" means the amount of chlorine, in parts per million by weight, which must be added to sewage to produce a specified residual chlorine content, or to meet the requirements of some other objectives, in accordance with procedures set forth in "Standard Methods" as defined in subsection (91) hereof.
      (19)   "City" means the City of Bedford Heights, Ohio.
      (20)   "Commercial user", for purposes of system charges, means any aggregation of space or area occupied for a distinct purpose such as a retail store, office, laundry, restaurant and other like units, which is equipped with one or more water fixtures draining into the wastewater disposal system, separate and distinct from other users of service. In office buildings or other premises containing more than one tenant, only those tenants shall be classified as users of service who occupy space equipped with a distinct opening or fixture or set of fixtures for the use of water separately from other tenants and with waste draining into the waste disposal system.
      (21)   "Compatible pollutant" means the BOD, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the City's NPDES permit if the treatment works was designed to treat such pollutants and, in fact, does remove such pollutants to a substantial degree.
      (22)   "Composite sample" should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
      (23)   "Control manhole" means a structure which provides access to a building sewer. A control manhole may be used as an inspection chamber and may contain certain testing equipment.
      (24)   "Cooling water" means the water discharge from any use such as air-conditioning, cooling or refrigeration, or during which the only constituent added to the water is heat.
      (25)   "Daily discharge" means the discharge of a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purpose of sampling.
(Ord. 91-116. Passed 6-18-91.)
      (26)   “Director of Water Reclamation” is the Director of Water Reclamation of the City, or his authorized deputies, agents or representatives, as may be designated by the Mayor to supervise and enforce the provisions hereof. The Director of Water Reclamation and the Approving Authority may be the same person.
         (Ord. 2004-184. Passed 12-7-04.)
      (27)   "Discharger" means the same as "industrial user".
      (28)   "Easement" means an acquired legal right of the specific use of land owned by others.
      (29)   "U.S. Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency and may also be used, where appropriate, as a designation for the administrator or other duly authorized official of such agency.
      (30)   "Ether-soluble matter" means oil and grease which is soluble in ether, as measured in a laboratory procedure made in accordance with the method set forth in "Standard Methods", as defined in subsection (91) hereof.
      (31)   "Fecal coliform" means any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
      (32)   "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.
      (33)   "Garbage" means the residue from the preparation and dispensing of food, and from the handling, storage and sale of produce.
      (34)   "Government user" means any user discharging wastewater from premises utilized by public political units, including Federal, State, County and City units.
      (35)   "Grab sample" means 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.
      (36)   "Grease and oil" refers to a group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with "Standard Methods" as explained in subsection (91) hereof.
      (37)   "Grease and oil of animal and vegetable origin" are substances that are of a less readily biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
      (38)   "Grease and oil of mineral origin" are substances that are less readily biodegradable than grease and oil of animal or vegetable origin, and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.
      (39)   "Ground garbage" means the residue from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
      (40)   "Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined in subsection (18) hereof.
      (41)   "Indirect discharge" or "discharge" means the introduction of pollutants into the Water Pollution Control Facility from a non-domestic source regulated under 307(b), (c) or (d) of the Act.
      (42)   "Industrial user" means a person who discharges to the City's wastewater disposal system liquid, solid or gaseous wastes resulting from the processes employed in industrial or manufacturing activities, or from the development, recovering or processing of any natural resource or a source of "indirect discharge".
      (43)   "Industrial waste" means any liquid, solid or gaseous substance or form of energy, or combination thereof, resulting from any process of industrial, commercial, governmental and institutional concerns, manufacturing, business, trade or research, including the development, recovery or processing of natural resources, or from sources other than those generating waste defined as "normal domestic sewage" herein.
      (44)   "Industrial waste permit" means a formal permit to deposit or discharge industrial waste into any sanitary sewer, as issued by the City.
      (45)   "Influent" means the water, together with any waste that may be present, flowing into a drain, sewer, receptacle or outlet and then to the sewage treatment plant.
      (46)   "Institutional user" means any person discharging wastewater from premises serving educational. social or eleemosynary purposes, including, but not limited to, private schools, hospitals, nursing homes and charitable organizations.
      (47)   "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
         A.   Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
         B.   Therefore 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) or of the prevention of sewage sludge use or disposal.
      (48)   "Law Director" means the Director of Law of the City, or his authorized deputy, agent or representative.
      (49)   "Major contributing industry" means any user of the City's wastewater disposal system which:
         A.   Has a disposal flow of 25,000 gallons per average workday; or
         B.   Has a flow greater than five percent (5%) of the flow in the City's wastewater disposal system; or
         C.   Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act; or
         D.   Has significant impact, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
      (50)   "Maximum daily discharge limitations" means the highest allowable daily discharge.
      (51)   "May" is permissible.
      (52)   "Municipal sewer" means a sewer in which all owners of abutting properties have equal rights, and which is controlled by the City.
      (53)   "National Categorical Pretreatment Standard" or "categorical pretreatment standard" means any regulation containing pollutant discharge of limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to the specific category of industrial users.
      (54)   "National Pollutant Discharge Elimination System (NPDES) permit" is a permit issued by the State of Ohio EPA or United States EPA pursuant to the Act for the purpose of regulating the discharge of sewage, industrial wastes and other wastes under the authority of Section 402 of the Act, into the navigable waters of the United States.
      (55)   "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
      (56)   "New source" means 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 which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         A.   The building, structure, facility or installation is constructed at a site at which no other source is located;
         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.
      (57)   "Normal domestic sewage" means wastewater characterized by wastes created in the preparation of foods, bathing, laundry facilities and sanitary facilities, i.e. resulting from normal living functions. Normal characteristics are considered to be a loading of 200 mg/l BOD and 250 mg/l SS per capita.
      (58)   "On-site treatment facilities" are any sewage treatment facilities located at the site where wastewater is being generated, when such facilities are for the purpose of treating or preheating the generated wastewater before it enters the public sewer.
      (59)   "Operation and maintenance costs" are the current, reasonable and necessary costs of operation and maintenance of the wastewater disposal system, paid or incurred, determined in accordance with generally accepted accounting principles, including replacement costs, but excluding payments of principal and of interest on obligations issued to finance the costs of acquisition and construction of the wastewater disposal system.
      (60)   "Parts per million (ppm)" means a weight-to-weight ratio. The parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. Milligrams per liter (mg/l) is a synonomous term.
      (61)   "Pass through" means a 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 requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
      (62)   "Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, association, institution, enterprise, governmental agency, the State of Ohio, the United States of America, or other legal entity, or their representatives, agents or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
      (63)   "pH" notation means the logarithm, base ten, of the reciprocal of the hydrogenion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in "Standard Methods", as defined in subsection (91) hereof.
      (64)   "Pollutant" means the dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic and agricultural waste discharged into water.
      (65)   "Pollution" means an alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. Pollution is the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
      (66)   "Premises" means any piece of real estate having one or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the wastewater disposal system.
      (67)   "Pretreatment" means the process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater prior to introducing such pollutants into the City's wastewater disposal system. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by Chapters 917 through 921.
      (68)   "Pretreatment requirements" are any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
      (69)   "Properly shredded garbage" means the wastes from the preparation and dispensing of food that have been shredded to such a degree that all particles will be carried freely, under the conditions normally prevailing in municipal sewers, with no particle greater than one-half inch in any dimension.
      (70)   "Publicly owned treatment works (POTW)" means treatment works which are owned by the City, including the sewers, pumping stations, treatment facility and any related appurtenances.
      (71)   "Public sewers" means a sewer provided by or subject to the jurisdiction of the City. It also includes sewers within or outside the City boundaries that serve one or more persons and ultimately discharge to the City sanitary sewer system, even though those sewers may not have been constructed with City funds.
      (72)   "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
      (73)   "Reimbursable expenses" are those costs incurred by the City which are passed on to the users of the POTW on whose behalf the expenses were incurred. Included will be such items as sampling costs and laboratory fees.
      (74)   "Replacement" means any 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. Also known as "equipment replacement costs".
      (75)   "Residential user", for the purposes of system charges, means any aggregation of space or area occupied as a residence and generating domestic wastewater. In multi-use premises, only those divisions of the building utilized as domicile will be considered residential users.
      (76)   "Sanitary sewer" means a sewer which collects and transports sewage from the generating source including combined sewers, and to which storm, surface and ground waters are not intentionally admitted.
         (Ord. 91-116. Passed 6-18-91.)
      (77)   "Director" means the Director of Water Reclamation or his authorized deputies, agents or representatives.
(Ord. 2004-184. Passed 12-7-04.)
      (78)   "Sewer" means a pipe, conduit, ditch, or other device used to collect and/or transport sewage.
      (79)   "Sewage" means the water-carried human, animal and household wastes in public or private drain, and may include ground water infiltration, surface drainage and industrial wastes.
      (80)   "Sewage disposal works" means all facilities for collection, pumping, treating and disposing of sewage and industrial waste, and it includes sewerage, as well as the sewage treatment facilities. It shall not include plumbing inside or in connection with building services or service sewers from a building to the street lateral.
      (81)   "Sewage treatment plant" means an assemblage of devices, structures and equipment for treatment of sewage and industrial waste.
      (82)   "Sewerage" means the system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial waste.
      (83)   "Sewer service charge" is imposed upon all users receiving service from the City's sewage disposal system in a total amount sufficient to pay the costs of the system. Sewer service charges consist of a capital charge, a user charge and a surcharge.
      (84)   "Shall" is mandatory. (Ord. 91-116. Passed 6-18-91.)
      (85)   "Significant industrial user" or "SIU" includes the following:
         A.   All industrial users subject to categorical pretreatment standards; and
         B.   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 five percent (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 Director of Water Reclamation, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
            (Ord. 2004-184. Passed 12-7-04.)
      (86)   "Storm sewer" means sewer which carries storm, surface and ground water drainage, but excludes sewage and industrial wastes.
      (87)   "Storm water runoff" means that portion of rainfall that is drained into the sewers.
      (88)   "Sludge" means any solid, semi-solid or liquid waste generated by a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act (PL 94-580).
         (Ord. 91-116. Passed 6-18-91.)
      (89)   “Slug discharge” is defined as any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge that 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.
         (Ord. 2015-096. Passed 9-15-15.)
      (90)   "Standard Industrial Classification System (SIC)" classifies industries pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, assigning a code (SIC Code) denoting the manufacturing process.
      (91)   "Standard Methods" means the laboratory procedures set forth in the most recent edition of "Standard Methods for the Examination of Water, Sewage and Industrial Wastes", published jointly by the American Public Health Association, the American Water Works Association and the Federation of Sewage and Industrial Wastes Associations.
      (92)   Reserved.
      (93)   "Surcharge" means the assessment in addition to the service charge which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
      (94)   "Suspended solids (SS)" means solids that either float on the surface of, or are in suspension or will settle in water, sewage or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods", as defined in subsection (91) hereof.
      (95)   "Total solids" refers to the sum of suspended and dissolved solids.
      (96)   "Toxic amounts" are concentrations of any pollutant or combination of pollutants which, upon exposure to or assimilation into any organism, will cause adverse effects such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of the Act.
      (97)   "Toxic pollutants" are defined as those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
      (98)   "Treatment plant". See "sewage treatment plant".
      (99)   "Unpolluted water" or "unpolluted liquid" means any water or liquid containing none of the following: free of emulsified grease or oil; acids or alkalies; substances that may impart taste, color or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall not contain more than 2,500 parts per million by weight of dissolved solids and no more than ten parts per million each of suspended solids or biochemical oxygen demand (BOD). Analytical determinations shall be made in accordance with procedures set forth in "Standard Methods" as defined in subsection (91) hereof.
      (100)   "Upset" or "operating upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with pretreatment standards due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
      (101)   "User" means a person that discharges, causes or permits the discharge of wastewater into the sewerage system. Same as "industrial user".
      (102)   "User charge" means the fee imposed by the City upon all units serviced by the sewage disposal works of the City in a total amount sufficient to pay the costs of operation and maintenance, including the costs of replacement of equipment in the wastewater disposal system.
      (103)   "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Centigrade for fifteen to twenty minutes.
      (104)   "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's wastewater disposal system.
      (105)   "Wastewater discharge permit" or "industrial discharge permit" means a formal permit to discharge industrial waste into the POTW, as issued by the City.
      (106)   "Wastewater disposal system". See "sewage disposal works".
      (107)   "Watercourse" means a channel in which a flow of water occurs, whether continuously or intermittently.
      (108)   "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies of 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.
         (Ord. 91-116. Passed 6-18-91.)