§ 50.10 DEFINITIONS.
   For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The Federal Water Pollution Control Act, as amended by the Clean Water Act and Water Quality Act of 1987 (U.S.C. 1251 et seq.).
   ADMINISTRATOR. The administrator of the environmental protection agency, or any person authorized to act for him or her.
   AMMONIA NITROGEN. A constituent in wastewater as identified in Standard Methods for the examination of wastewater.
   BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C.
   BMP. Best management practices.
   CATEGORICAL PRETREATMENT STANDARDS. Synonymous with national pretreatment standards.
   COMBINED SEWER. A sewer intended to receive both wastewater and storm or surface water.
   COMPATIBLE POLLUTANT. A waste constituent which does not interfere with the operation or performance of the wastewater treatment works.
   CU. FT. Abbreviation for cubic feet.
   DIRECTOR. The executive director of municipal utilities of the city, or his or her authorized representative.
   ENVIRONMENTAL PROTECTION AGENCY. The federal (or United States) environmental protection agency, or any person authorized to act for that agency.
   GREASE. A constituent in wastewater as identified in “Standard Methods for the Examination of Water and Wastewater.”
   INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any nondomestic source.
   INDUSTRIAL COST RECOVERY (ICR). Recovery by the city from the industrial users of the treatment works of the grant amount allocable to the treatment of wastes from such users.
   INDUSTRIAL USER or INDUSTRY. As applied under the ICR provisions of this subchapter, any non- governmental user discharging a trade or process waste to a publicly owned treatment works as identified as a “Division A, B, D, E, or I” industry in the Standard Industrial Classification Manual, l972, Office of Management and Budget, as amended and supplemented. A user in the Division A, B, D, E, or I may be excluded if it is determined that the industry will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. INDUSTRIAL USERS shall be billed monthly for use of the treatment works.
   INDUSTRIAL WASTEWATER. Any combination of liquid and water-carried wastes, discharged from any industrial or commercial establishment and resulting from any trade or process carried on in that establishment, including the wastewater from pretreatment facilities and cooling water. Any wastewater from non-domestic sources.
   INDUSTRIAL WASTES. The wastewater from industrial users, as defined herein.
   INTERCEPTING SEWER. A sewer intended to receive flows from both combined sewers and sanitary sewers, or a sewer whose primary purpose is to transport wastewater from collector (local) sewers to a wastewater treatment plant.
   INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the wastewater treatment plant, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a cause of a violation of any requirement of the wastewater treatment plant's NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title 11, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the standards for the use and disposal of sewage sludge (40 C.F.R. pt. 503), the Clean Air Act, and the Toxic Substance Control Act.
   LB. An abbreviation for pound.
   LOCAL LIMIT. Limits on industrial users, developed by the city, that are technically based on site-specific factors to protect the POTW's operations from interference and pass through and to ensure that the POTW's discharges comply with state and federal requirements. Local limits may be expressed as numerical values, narrative statements, best management practices, or a combination of these. Local limits are considered pretreatment standards upon approval by the Ohio EPA.
   MAINTENANCE. Upkeep and repair costs required to maintain the wastewater treatment works structures and equipment in efficient operating condition during the service life of such works.
   MBAS. Methylene Blue Active Substance, or a surfactant, is a constituent in wastewater as identified in Standard Methods for the examination of wastewater.
   MUNICIPAL UTILITIES. Board of Municipal Utilities of the city.
   NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL PRETREATMENT STANDARD. A categorical pretreatment standard promulgated by the administrator in accordance with section 307 of the Act and established under 40 C.F.R., Ch. I, Subch. N, as may be amended in the future.
   NATURAL OUTLET. Outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   NEW SOURCE.
      (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 that 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: 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 Section (1)(b) or (1)(c) above but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous onsite construction program:
            1.   Any placement, assembly, or installation of facilities or equipment; or
            2.   Significant site preparation work including clearing, excavation, or
            3.   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 paragraph.
   NONINDUSTRIAL USER. A user of the wastewater treatment works not in the industrial user classification, as defined herein.
   NONSANITARY FLOW. Storm water originating from downspouts, storm and groundwater drains, and foundation drains.
   NPDES or NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM. Any permit or equivalent document or requirements issued by the state water pollution control agency to regulate the discharge of pollutants from the wastewater treatment works for the city pursuant to section 402 of the Act.
   OPERATION. Any physical and mechanical actions, processes, or functions required to efficiently operate the wastewater treatment works as defined herein.
   OWNER or PERSON. Any individual, firm, company, industry, association, society, corporation, or group.
   PASS THROUGH. A discharge that exits the wastewater treatment plant into waters of the United States in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the wastewater treatment plant’s NPDES permit (including an increase in the magnitude or duration of a violation).
   PERSON. Any individual, firm, company, association, society, corporation or group.
   pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
   PHOSPHORUS. A constituent in wastewater as identified in Standard Methods for the Examination of Water and Wastewater.
   POLLUTANT. Sewage, industrial waste or other waste as defined by R.C. 6111.01(B), (C), and (D).
   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 wastewater treatment plant. The reduction or alteration may be obtained by physical, chemical, or biological treatment processes, BMPs, pollution prevention alternatives including process changes, material substitutions, improved operating practices and recycling, or by other means, except as prohibited by O.A.C. Rule 3745- 309(E).
   PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   PUBLIC SEWER. Any sewer owned by the city or tributary to the city sewer, including storm, sanitary, or combined sewers.
   RECOVERED FUNDS. Those funds received from the collection of the industrial cost recovery surcharges.
   REPLACEMENT. Expenditures for obtaining and installing equipment, accessories, or appurtenances necessary to retain design capacity and performance of the wastewater treatment works throughout the city’s jurisdiction.
   RETAINED FUNDS. That part of the recovered fund which is not returned to the United States Treasury.
   RETURNED FUNDS. That part of the recovered fund which is returned to the United States Treasury annually.
   SANITARY SEWER. A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industries, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
   SANITARY SEWER CHARGES. The aggregate of rate increments established by three separate revenue systems, i.e., user charges, extra strength surcharges, and industrial cost recovery (ICR).
   SEWAGE. The combination of liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water.
   SEWER. A pipe or conduit that carries wastewater or drainage water.
   SEWER LATERAL. Sewers from building drain to the public sewer (main or lateral).
   SIGNIFICANT INDUSTRIAL USER.
      (1)   All discharges subject to categorical pretreatment standards under Title 40 C.F.R. pt. 403.6; and
      (2)   All non-categorical discharges that, in the opinion of the sanitary engineer, have a reasonable potential to adversely affect the wastewater treatment plant’s operation, or that contribute a process waste stream which makes up 5% or more of the average dry weather capacity of the wastewater treatment plant, or that discharges an average of 25,000 gallons per day or more of process wastewater to the wastewater treatment plant.
   SIGNIFICANT NONCOMPLIANCE.
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS. fats, oils and greases, and 1.2 for all other pollutants except pH);
      (3)   Any other discharge violation that the wastewater treatment plant superintendent believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the wastewater treatment plant personnel or the general public;
      (4)   Any discharge of pollutants that have caused imminent endangerment to the public or to the environment, or has resulted in the city to exercise its emergency authority to halt or prevent such a discharge;
      (5)   Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      (6)   Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation(s) which the wastewater treatment plant superintendent determines will adversely affect the operation or implementation of the pretreatment program.
   STORM SEWER. A pipe or conduit designed for the purpose of carrying storm, surface, cooling, and drainage water from the point of origin to some point of disposal, but which is not intended to carry domestic or industrial sewage.
   SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as nonfilterable residue.
   TOTAL DISSOLVED SOLIDS (TDS). A constituent in wastewater as identified in Standard Methods for the examination of wastewater.
   USER. Any person who discharges, causes or permits the discharge of wastewater into the wastewater treatment system.
      (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 any other 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 wastewater discharge permit for general permit (optional) 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 paragraphs (1) through (3) above, 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.
   USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works.
   USER CLASS. Any class of users of the wastewater works, as defined in § 50.14.
   WASTEWATER or WASTES. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industries, and institutions, together with any groundwater, surface water, and stormwater that may be present.
   WASTEWATER TREATMENT PLANT or PLANT. That portion of the wastewater treatment works required to treat wastewater and dispose of the effluent.
   WASTEWATER TREATMENT WORKS or WORKS. The structures, equipment, parcels of land, easements, and processes required to collect, carry away, and treat wastewater and dispose of the effluent of the city. WASTEWATER TREATMENT WORKS shall include sanitary sewers and intercepting sewers, but shall not include storm sewers.
(1980 Code, § 50.10) (Ord. 3928, passed 12-17-1979; Am. Ord. 7520, passed 2-6-2006; Am. Ord. 8840, passed 4-20-2020; Am. Ord. 9078, passed 3-20-2023)