(a) Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(1) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended; as well as any guidelines, limitations, definitions and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(2) "Applicable pretreatment standard" means any pretreatment limit or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which nondomestic users will be required to comply with.
(3) "Authorized or Duly Authorized Representative of the Discharger".
A. If the discharger is a corporation:
1. 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
2. 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, initiates and directs 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 requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. If the discharger is a partnership or sole proprietorship: a general partner or proprietor, respectively.
C. If the discharger 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.
D. The individuals described in paragraphs A through C, 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 authority.
(4) "Best Management Practices (BMPs". Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 933.05 General Discharge Prohibitions. 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.
(5) “ Biological Oxygen Demand (BOD)" of sewage, sewage effluent, polluted waters or industrial wastes means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20o Celsius.
(6) "Bypass" means the intentional diversion of wastestreams from any portion of a discharger's treatment facility.
(7) "Categorical pretreatment standard" means any standard, including national categorical pretreatment standards and Ohio categorical pretreatment standards, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by new or existing dischargers in specific industrial categories.
(8) "City" means the City of Bryan which shall be the governmental entity enacting and enforcing this chapter.
(9) "Chemical Oxygen Demand (COD)" of sewage, sewage effluent, polluted waters or industrial wastes means a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.
(10) "Compatible pollutants" means pollutants which the treatment plant was designed to treat which are BOD, SS, phosphorus and fecal coliform bacteria.
(11) "Compliance date" means the date set for completion of the compliance schedule issued with the permit.
(12) "Composite sample" means a sample containing 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 shall be required where the wastewater loading is highly variable.
(13) "Director" means the Superintendent of Wastewater of the City of Bryan or his duly authorized agent(s).
(14) "Discharger" means a user that discharges pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
(15) "Industrial waste" means any solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(16) "Interference" means an industrial discharge which, alone or in conjunction with discharges by other sources, both:
A. Inhibits or disrupts the publicly owned treatment works, 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 National Pollutant Discharge Elimination System permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge disposal. The term includes prevention of sewage sludge use or disposal by the POTW 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, Resource Conservation and Recovery Act (RCRA) 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 POTW.
(17) "National Categorical Pretreatment Standard or Pretreatment Standard" means 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.
(18) "New source" means:
A. 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 this Act which shall be applicable to such source, if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. 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.
(19) "NPDES permit" means the National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
(20) "Pass-through" means a discharge that 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 requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(21) "Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Ohio, the United States of America or other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(22) "POTW" means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(23) "Pollutant" means any substance listed in Appendix A hereto, or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.
(24) "Pretreatment" means 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 POTW.
(25) "Pretreatment standards and/or requirements" means any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard, imposed on a discharger. Also referred to as local limits.
(26) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the POTW.
(27) "Restricted substances" means all those substances set out in Appendix A and the following:
A. Floatable oil, including oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
B. Grease and oil, 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.
C. Grease and oil of animal and vegetable origin, substances that are not readily biodegradable in nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
D. Grease and oil of mineral origin, 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.
(28) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(29) “Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.
(30) "Significant discharger" means any user of a POTW where:
A. The user is subject to categorical pretreatment standards;
B. The user discharges 25,000 gallons per day or more of process wastewater (process wastewater excludes sanitary, noncontact cooling and boiler blow down wastewaters);
C. The user contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment plant;
D. The user's discharge has a reasonable potential, in the judgment of the Director, to cause pass through and/or interference at the POTW;
E. The user's discharge into the POTW has caused or has the potential to cause any violation of the terms and conditions of any permit under which the POTW is operating, including plan approvals.
(31) "Significant Non-Compliance" means any significant industrial user that violates any of the following criteria or any other industrial discharger that violates paragraphs C., D. or H.:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in this chapter;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard or requirement as defined by this chapter that the authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the authority's exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide within forty-five (45) 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;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of best management practices, which the authority determines will adversely affect the operation or implementation of the local pretreatment program.
(32) "Slug Load or Slug Discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 933.23 Regulations. A slug discharge is any discharge of a non-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.
(33) "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.
(34) "Suspended solids" means solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter.
(35) "Total solids" means the sum of suspended and dissolved solids.
(36) "Toxic pollutant" means those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
(37) "Unpolluted water" means water of a quality that has not been altered chemically, physically, biologically or radiologically by man or that would not benefit by discharge to sanitary sewers and subsequent wastewater treatment.
(38) “Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendix A hereto 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 preventative maintenance or careless or improper operation thereof.
(39) "U.S. Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or their duly authorized official of such agency.
(40) "User" means any person that discharges, causes or permits the discharge of wastewater in the POTW.
(41) "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Celsius for fifteen to twenty minutes.
(42) "Wastewater" means industrial waste or sewage or any other waste that is discharged to the POTW.
(43) "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(Ord. 4-2012. Passed 2-6-12.)