As used in this chapter, unless the context, specifically indicates otherwise:
(1) "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended.
(2) "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 twenty degrees Celsius, expressed in terms of concentration by weight per unit volume.
(3) "Bypass" means the intentional diversion of wastes from any portion of a treatment or pretreatment facility.
(4) "Categorical pretreatment standard" means wastewater discharge standards developed by the U.S. EPA in accordance with Section 307 (b) and (c) of the Clean Water Act, which apply to specific categories of industrial users.
(5) "CFR" means the Code of Federal Regulations.
(6) "Composite sample" means a sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of stream flow, or as a flow proportional composite sample collected either as a constant sample volume at time intervals proportional to stream flow or by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
(7) "Cooling water" means:
A. Uncontaminated or noncontact cooling water. Water used for cooling purposes only, which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water; or
B. Contaminated or contact cooling water. Water used for cooling purposes only, which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.
(8) "Daily maximum" means the maximum allowable discharge of a pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(9) "Director" means the manager of this Municipality or his or her duly authorized representative.
(10) "Domestic wastewater" means liquid wastes from the noncommercial preparation, cooking and handling of food or waste containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.
(11) "EPA" means the United States Environmental Protection Agency.
(12) "Grab sample" means an individual sample collected in less than fifteen minutes, without regard for flow or time.
(13) "Industrial user" means an institution, a manufacturing, commercial or industrial facility or any other trade or business establishment discharging nondomestic wastewater to the publicly owned treatment works (POTW).
(14) "Industrial wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by product or waste product.
(15) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes use or disposal and 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.
(16) "Mg/l" means milligrams per liter.
(17) "Monthly average" means the arithmetic mean of the values for effluent samples collected during a calendar month.
(18) "National Pollutant Discharge Elimination System" (NPDES) means the program for issuing, conditioning and denying permits for the discharge of pollutants from point sources.
(19) "National pretreatment standard" means the same as pretreatment standard.
(20) "NPDES permit" means a permit issued to a POTW pursuant to Section 402 of the Act.
(21) "New sources" means any building, structure, facility or installation from which there is or may be a discharge of industrial wastewater, the construction of which began after the proposal of new source performance standards, provided that one of three conditions is met:
A. The construction occurs at a new site;
B. The construction on an existing site totally replaces the process or production equipment causing the discharge; or
C. The construction is substantially independent of an existing source at the same site.
New source dischargers are required to install and startup technology prior to discharging to the POTW and to achieve compliance within the shortest time feasible not to exceed ninety days after commencement of discharge.
(22) "Person" means any individual, firm, company, partnership, corporation, association, group or society, and includes the State of Ohio, and agencies, districts, commissions and political subdivisions created by or pursuant to State law.
(23) "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).
(24) "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. It is used as an expression of the acid or basic condition of a liquid and is measured on a scale from zero to fourteen where zero is most acid, fourteen is most basic and seven is neutral.
(25) "Pretreatment" means 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 such wastewater into the publicly owned treatment works (POTW).
(26) "Pretreatment requirement" means any substantive or procedural requirement related to pretreatment other than a national pretreatment standard, including all applicable Federal, State and local laws, rules and regulations that are imposed on industrial users.
(27) "Pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
(28) "Publicly owned treatment works" (POTW) means a treatment works which is owned by a state or municipality and includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality which has jurisdiction over the discharge to and from such a treatment works.
(29) "POTW treatment plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
(30) "Process wastewater" means the same as industrial wastewater.
(31) "Significant industrial user" (SIU) means 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 wastestream which makes up five percent 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 Municipality, to adversely affect the POTW's operation or to violate any pretreatment standard or requirement. However, the Municipality may, at any time, on its 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 to violate any pretreatment standard or requirement.
(32) "Significant noncompliance": A significant industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
A. Chronic violation of wastewater discharge limits, defined herein as those violations in which sixty six percent or more of all the measurements taken during a six month period exceed, by any magnitude the daily maximum limit or the average limit for the same pollutant parameter;
B. Technical review criteria (TRC) violation, defined herein as those violations in which thirty three percent or more of all of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. The TRC equals 1.4 for BOD, TSS, fats, oil and grease; for all other pollutants except for pH, the TRC equals 1.2.
C. Any other violation of a pretreatment effluent limit that the subdistrict determines has caused, alone or in conjunction with other discharges, interference or pass through;
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
E. Failure to meet within ninety days after the scheduled date a compliance scheduled milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
F. Failure to provide within thirty days after the due date required reports, such as baseline monitoring reports, ninety day compliance reports, periodic self monitoring reports and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations that the Municipality determines will adversely affect the operation or implementation of the local pretreatment program.
(33) "Slug load" means any pollutant, including oxygen demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration as to cause interference.
(34) "Standard" means the same as pretreatment standard.
(35) "Subdistrict" means The Water Conservation Subdistrict of The Miami Conservancy District, owners of the Franklin Area Wastewater Treatment Plant.
(36) "Surcharge" means the assessment, in addition to other applicable charges, which is levied on those persons and/or industrial users whose wastewater is greater in strength than normal domestic sewage.
(37) "Suspended solids" means:
A. Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by laboratory filtering; or,
B. The quantity of material removed from wastewater in a laboratory test as prescribed in 40 CFR Part 136.
(Ord. 5-91. Passed 2-26-91.)