(a) Unless the context specifically indicates otherwise, the meaning of terms used in this chapter and Chapter 947 shall be as follows:
(1) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended, Public Law 92-500 and any amendments thereto; as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(Ord. 182-91. Passed 11-18-91.)
(1.1) "BMP" means Best Management Practices which are used to ensure the implementation of practices used to control bypasses and overflows. BMP also means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 943.13 and in OAC 3745-3-04. BMP's 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. BMP's also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits. (Ord. 7-2011. Passed 1-3-11.)
(2) "BOD", denoting biochemical oxygen demand, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as outlined in the Environmental Protection Agency "Guidelines Establishing Test Procedures for Analysis of Pollutants" (Ref. 40 CFR, Part 136 and amendments thereto), in five days at twenty degrees centigrade, expressed in parts per million by weight.
(3) "Building drain" means that part of the lowest horizontal piping of a sanitary drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building; and conveys it to the building sanitary sewer, which begins five feet outside the outer face of the building wall.
(4) "Building (house) sewer" means that part of the horizontal piping of a sanitary drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sanitary sewer, private sewer, individual sewage disposal system or other point of disposal.
(5) "Bypass" means the intentional diversion of a waste stream from any portion of an industrial user's treatment facility.
(6) "Categorical Pretreatment Standards" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the sewage treatment system by specific Industrial Users.
(7) "Chemical Oxygen Demand" (COD) means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedure expressed in milligrams per liter.
(8) "City" means the City of Canton.
(9) "City Board of Health" means the Board of Health of the City of Canton.
(10) "City Engineer" means the City Engineer of the City of Canton.
(11) "City Health Department" means the Health Department of the City of Canton.
(12) "Compatible pollutant" includes biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the City's National Pollutant Discharge Elimination System (NPDES) Permit, providing the City's Water Reclamation Facility is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.
(13) "Cooling water" or "industrial cooling water" means the unpolluted water discharged from any system of condensation, air conditioning cooling, refrigeration or other similar use which meet the criteria established by the OEPA for effluents discharged to watercourses at Canton, Ohio.
(14) "Garbage" means solid wastes from the preparation, cooking and/or dispensing of food, and from the handling, storage and sale of produce.
(15) "Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined in subsection (a)(12) hereof.
(16) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under the Act into the sewage treatment system.
(17) "Individual or private sewage disposal system" means an independent sewage disposal system found to be adequate and approved by the City Health Department.
(18) "Industrial wastes" also referred to as "nondomestic waste" means the liquid wastes resulting from commercial, manufacturing or industrial operations or processes as distinct from sanitary sewage or wastes.
(19) "Interceptor" means a device designed and installed so as to separate and/or retain deleterious, hazardous or undesirable matter from normal wastes, and permits normal wastewater to discharge into the disposal terminal by gravity.
(20) "Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources: (1) inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and/or (2) 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 in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, 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 Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
(21) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface water.
(22) "New source" with respect to local pretreatment standards shall mean any building, structure, facility or installation from which there is or may be a discharge of pollutants and the construction of which commenced after the original effective date of the City's pretreatment ordinances on July 8, 1985. With respect to federal categorical standards or other federal or State pretreatment, the term "new source" shall mean 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 shall 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.
"New source" shall be subject, however, to the further provisions and exceptions as set forth in Subsections 403.3K(2) and 403.3K(3) of 40 CFR, which are hereby incorporated by reference.
(Ord. 182-91. Passed 11-18-91.)
(23) “Normal strength sewage or waste” as defined for the purpose of determining surcharge means sewage having an average daily suspended solids concentration of not more than 250 mg/l, an average daily BOD concentration of not more than 300 mg/l, an average daily COD concentration of not more than 400 mg/l and not containing any of the characteristics in excess of the limitations as prohibited and established by Sections 943.13 and 943.15. “Normal strength sewage or waste” as defined for the purpose of determining surcharge shall also mean an average daily ammonia-nitrogen (NH3-N) concentration of not more than 25 mg/l and an average daily phosphorus (PO4) concentration of not more than 20 mg/l.
(Ord. 183-2001. Passed 8-27-01.)
(24) "NPDES Permit" means the National Pollutant Discharge Elimination System permit issued to the City of Canton Water Reclamation Facility by the OEPA. (Ord. 79-2008. Passed 10-2-08.)
(25) "OEPA" means the Ohio Environmental Protection Agency.
(26) "Oil/grease" means fats, grease, oil, wax or other material which is extractable from an acidified sample of a waste by hexane or other designated solvent.
(27) "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 requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(Ord. 182-91. Passed 11-18-91.)
(28) "Person" means any individual, firm, company, association, society, corporation or group and also shall include any Satellite Community or political subdivision.
(Ord. 187-96. Passed 8-12-96.)
(29) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(30) "Plumbing Inspector" means the Plumbing Inspector of the City.
(31) "Pollutant" means dredge spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
(32) "ppm" means parts per million by weight and/or milligrams per liter (mg/l).
(33) "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 the sewage treatment system.
(34) "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewers, with no particle greater than one-half inch in any dimension.
(35) "Public sewer" means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
(36) "Sanitary sewage" also referred to as "domestic waste" means the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellar floor drains, garage floor drains, bars, soda fountains, refrigerator drips, drinking fountains, storerooms and storage building floor drains.
(37) "Sanitary sewer" means a sewer which carries sewage and wastes and to which storm, surface and ground waters are not intentionally admitted.
(Ord. 182-91. Passed 11-18-91.)
(37.1) "Satellite Community" means a political subdivision having a public sanitary sewage collection system which, under Agreement with the City of Canton, transports and discharges sewage waste into the City of Canton's Sanitary Sewage Treatment System.
(Ord. 187-96. Passed 8-12-96.)
(38) "Service Director" means the Director of Public Service of the City of Canton, or his authorized deputy, agent or representative.
(39) "Sewage" synonymous with "wastewater" means 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, industrial plants, and institutions, together with any groundwater, surface water and storm water that may be present.
(40) "Sewage treatment system" means all facilities for collecting, pumping, treating and disposing of sewage.
(41) "Sewer" means a pipe or conduit for carrying wastewater or sewage.
(42) "Shall" is mandatory; "may" is permissive.
(43) "SIC Manual" means the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented.
(44) "Significant industrial user" means:
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 Service Director and/or Superintendent, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
The Service Director and/or Superintendent may at any time, on his own initiative or in response to a petition received from an industrial user, determine that a noncategorical 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.
(Ord. 182-91. Passed 11-18-91.)
(45) "Slug" means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation and that adversely affects the collection system and/or performance of the Water Reclamation Facility. (Ord. 79-2008. Passed 6-2-08.)
(45.1) "SMP" means Sewer Maintenance Program which utilizes Best Management Practices.
(Ord. 187-96. Passed 8-12-96.)
(46) "Specifications for materials" means standards of specifications identified by the following abbreviations:
ANSI: American standards approved by the American National Standards Institute, Inc., 1430 Broadway, New York, New York, 10018.
ASTM: Standards and tentative standards published by the American Society for Testing and Materials, P.O. Box 7510, Philadelphia, Pennsylvania, 19101.
CS: Commercial standards representing recorded voluntary recommendations of the trade, issued by the United States Department of Commerce, and obtainable from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20234. (Ord. 182-91. Passed 11-18-91.)
(46.1) "SSDCP" means Satellite Sewer Discharge Control Program as issued by the OEPA for the purpose of controlling all bypasses and overflows for all communities outside the City's territorial boundaries which are served by its sewerage system.
(46.2) "SSES" means Sanitary Sewer Evaluation Study which recommends rehabilitation requirements of the sewer system.
(46.3) "SSO" means Sanitary Sewer Overflow where sanitary sewage is flowing or being stored at a location other than the sewer system.
(Ord. 187-96. Passed 8-12-96.)
(47) "Stormwater runoff" means that portion of the rainfall that is drained into the sewers.
(48) "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes. (Ord. 182-91. Passed 11-18-91.)
(49) "Superintendent" means the Superintendent of the Water Reclamation Facility, an operator licensed by the appropriate regulatory agency.
(Ord. 79-2008. Passed 6-2-08.)
(50) "Surcharge" means the fee 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.
(51) "Suspended solids" means 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.
(52) "Toxic pollutants" includes but is not necessarily limited to aldrin-dieldrin, benzidine, cadmium, cyanide, DDT-endrin, mercury, polychlorinated biphenyls (PCB's) and toxaphene. Pollutants included as "toxic" shall be those promulgated as such by the U.S. EPA.
(53) "Unpolluted water" means water of a quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sewage treatment system.
(54) "Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the user 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.
(55) "U.S. EPA" means the United States Environmental Protection Agency.
(Ord. 182-91. Passed 11-18-91.)
(56) "User" means any person, including any Satellite Community and/or political subdivision, who discharges an effluent into the City's sewage treatment system by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. The division of users within the City's service area is determined by the origin of the sewage discharged and by the similarity of the function of such users. Stated in five general classes, they are:
A. "Commercial user" means a commercial business discharging wastewater; and not categorized as residential or industrial.
B. "Industrial user" means a person who discharges to the City's sewage treatment system liquid wastes resulting from industrial or manufacturing processes, or from the development of any natural resource.
C. "Other public authority user" means a special class of user who usually contributes a primarily segregated domestic waste or waste from sanitary conveniences. This class usually includes hospitals, sanitariums, prisons or charitable institutions, schools and all other government users (Federal, State and local).
D. "Residential user" means single-family or equivalent residences which discharge only wastes from sanitary conveniences.
E. "Satellite Community user" means a Satellite Community as defined in this section which collects and conveys or passes on community sewage wastewater to the City of Canton sanitary sewer treatment system.
(Ord. 187-96. Passed 8-12-96.)
(57) "U.S. PH" means the United States Public Health Service.
(58) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 182-91. Passed 11-18-91.)
(59) "WRF" means the Water Reclamation Facility which is comprised of all facilities for treating and disposing of sewage.
(Ord. 79-2008. Passed 6-2-08.)
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