(a) Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
(1) “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1251, et seq.), as amended; as well as any regulation or rule, including any effluent limitations guidelines, or standards promulgated by the U.S. Environmental Protection Agency pursuant to the Clean Water Act.
(2) “Applicable pretreatment standard” means any federal, state or local pretreatment discharge limit, prohibition, or standard contained in this Chapter deemed to be the most restrictive with which non-domestic users will be required to comply.
(3) “Approval authority” means the Director of the Ohio Environmental Protection Agency, if the state possesses an approved state pretreatment program, or the administrator of the U.S. Environmental Protection Agency (EPA) in the event that the state does not possess an approved pretreatment program.
(3.1) “Approved pretreatment program” means a program administered by a POTW that meets the criteria established in 40 CFR Part 403 and Ohio Revised Code section 6111.032 and which has been approved by the USEPA Regional Administrator or the Director of the Ohio Environmental Protection Agency.
(4) “Authority” means the City who shall be the governmental entity enacting and enforcing this Chapter.
(5) “Authorized representative of industrial user” means:
A. The President, Secretary, Treasurer, or 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 the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures, 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 member or manager, if the industrial user is a Limited Liability Corporation (LLC);
D. A duly authorized representative of the individual designated in subsection (a)(6)A., B., or C., if the authorization is made in writing by the individual, the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for the environmental matters for the company, and a copy of the written authorization is submitted to the Authority.
(6) “Average monthly discharge limitation” means the maximum allowable average discharge of a particular pollutant over a calendar month, calculated as the arithmetic sum of all daily laboratory monitoring results derived for a particular pollutant during a calendar month divided by the number of laboratory monitoring results derived during that month.
(7) “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.
(8) “Beneficial uses” includes, but is 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 or intangible, as specified by State or federal law.
(8.1) “Biochemical 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 and/or nitrogenous matter by aerobic biochemical action under standard laboratory procedures for five days at 20° Centigrade. (Ord. 19-02-O. Passed 6-3-02.)
(8.2) “Bypass” means the intentional diversion of wastewater from any portion of a Discharger’s treatment facility.
(8.3) “City” means the City of Celina, Ohio.
(Ord. 38-09-O. Passed 6-22-09.)
(9) “Categorical pretreatment standards” means the National Categorical Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties by 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 user, which may be discharged or introduced into the City’s POTW by a specific industrial Discharger.
(9.1) “Chemical oxygen demand” (COD) of sewage, sewage effluent, polluted waters or industrial wastes means the 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. (Ord. 19-02-O. Passed 6-3-02.)
(9.2) “Carbonaceous Biological Oxygen Demand (CBOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20 degrees C.
(Ord. 38-09-O. Passed 6-22-09.)
(10) “Composite sample” means a minimum of eight discrete samples taken in proportion to time, or in proportion to discharge flow rate, over a 24 hour composting period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
(10.1) “Contamination” means an impairment of the quality of the Waters of the State by waste to a degree, which creates a hazard to the public health, e.g., through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not the Waters of the State are affected.
(10.2) “Cooling water” means the unpolluted wastewater discharge from any system of heat transfer, such as condensation, air conditioning, cooling or refrigeration.
(11) “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 purposes of sampling.
(11.1) “Deleterious substance” means any material which may be harmful to the City’s POTW, the POTW treatment plant processes, the health and safety of POTW personnel and/or the POTW effluent or residual products.
(12) “Director” means the Safety-Service Director of the City or his duly authorized agent.
(12.1) “Discharge” means the introduction of liquids or wastes into the City’s POTW.
(13) “Easement” means an acquired legal right of the specific use of land owned by others.
(13.1) “Fecal coliform” means any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
(13.2) “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.
(14) “Garbage” means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(15) “Grab sample” means a sample, which is taken from a waste stream on a one-time basis with no regard to the flow rate in the waste stream and without consideration of time.
(15.1) “Grease and oil” means a group of substances including hydrocarbons, fatty acids, soaps, fats, waste, 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.
(15.2) “Grease and oil of animal and vegetable origin” means substances that are less readily biodegradable in nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries, restaurants.
(15.3) “Grease and oil of mineral origin” means 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, storage depot wastes.
(16) “Ground (shredded) garbage” means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater that one-half inch in dimensions.
(16.1) “Hexane Extracted Material (HEM)” means those substances and materials as detected and quantified in accordance with USEPA Analytical Method 1664, Revision A.
(16.2) “Incompatible” means any wastewater that is deleterious or which degrades the quality of the City’s POTW effluent, its sludges and/or residual products. (Ord. 19-02-O. Passed 6-3-02.)
(17) “Indirect discharge” means the introduction of pollutants to the City’s POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act, whether the source is located inside or outside of the City.
(Ord. 38-09-O. Passed 6-22-09.)
(18) “Industrial user” or “Industrial Discharger” means any source of an indirect discharge, including any person who discharges, or permits the discharge, of industrial waste to the City’s POTW.
(19) “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, and includes wastewater from pretreatment facilities and polluted cooling water located in or outside of the City.
(20) “Industrial waste permit” means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the Director.
(21) “Influent” means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(22) “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 process or operation, or its sludge process, 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 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.
(23) “Maximum daily discharge limitations” means the highest allowable daily discharge.
(24) “May” indicates a discretionary condition.
(Ord. 19-02-O. Passed 6-3-02.)
(25) “mg/l” means milligrams per liter; same as ppm (parts per million).
(Ord. 38-09-O. Passed 6-22-09.)
(26) “New source” means any building, structure, facility or installation from which there is or may be a discharge to a POTW of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Clean Water 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; or (b) the building, structure, facility, or installation totally replaces the process or production equipment that causes the introduction or 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.
(27) “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 the Act and Chapter 6111 of the Ohio Revised Code.
(28) “Nuisance” means anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of property so as to interfere with human comfort or property, whether affecting individual interests per se or affecting at the same time an entire neighborhood or community.
(29) “OAC” means Ohio Administrative Code.
(29.1) “O. and M.” means operation and maintenance.
(29.2) Oil and Grease means, those hydrocarbon substances and materials commonly referred to as fats, oils and greases, as detected and quantified by an approved analytical method under 40 CFR Part 136, but not including hexane extractable material.
(30) “Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.
(30.1) “Owner” means any person who owns a facility or any part of a facility.
(30.2) “pH” means the logarithm, to the base 10, of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution
(30.3) “Pass through” means a discharge which exits the POTW into the 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 City’s POTW NPDES Permit (including an increase in the magnitude or duration of a violation).
(31) “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 includes the feminine, the singular includes the plural where indicated by the context.
(Ord. 19-02-O. Passed 6-3-02.)
(32) “POTW” or “publicly owned treatment works” means a treatment works, which is owned or operated by the City, including any devices and systems used in the storage, collection, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature from sources inside and outside of the City. This definition also includes sewers, pipes, pump stations, canals, ditches, and other conveyances if they convey wastewater to a POTW treatment plant. This term can also mean the City of Celina, which is the public authority, which owns or operates the POTW.
(Ord. 38-09-O. Passed 6-22-09.)
(33) “Pollutant” means any material or substance introduced or discharged into a POTW or its collection system, including, but not limited to, those substances listed in Appendix A and B hereto, or any substance which upon exposure to, 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. “Pollutant” also means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock sand, cellar dirt and industrial, municipal, and agricultural waste discarded into water.
(34) “Pollution” means the man-made or man induced alteration of the chemical, physical and radiological integrity of water, and includes the placing of any sewage, sludge, sludge materials, industrial waste, or other wastes, into waters of the State or the City’s POTW.
(35) “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.
(36) “Pretreatment requirements” or “pretreatment standards” means any substantive or procedural requirements related to pretreatment, other than a categorical pretreatment standard imposed on an industrial user.
(37) “Receiving stream” means the watercourse, stream or body of water receiving the waters discharged from the City’s wastewater treatment plant.
(37.1) “Sanitary sewerage system” means the sewerage system which, (1) by design is intended to carry sanitary wastewater and/or industrial wastes, and (2) into which storm, surface and groundwater are not intentionally admitted.
(38) “Sewage” means water-carried human wastes or a combination of water- carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
(39) “Sewer” means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source;
(40) “Shall” is mandatory.
(40.1) “Significant Industrial User” shall mean (a) all Industrial Dischargers subject to a categorical pretreatment standard; and (b) any other Industrial Discharger that (1) discharges an average of 25,000 gallons per day or more of process wastewater to the City’s POTW (excluding sanitary, noncontact cooling water and boiler blowdown wastewater); or (2) contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the City’s POTW; or, (3) has a reasonable potential, in the opinion of the Director, to adversely affect the City’s POTW; or, (4) has violated any pretreatment standard or requirement. Provided, however, that the Director may at any time, on his own initiative, or in response to a petition received from an Industrial Discharger not subject to a categorical pretreatment standard, determine that the noncategorical Industrial Discharger is not a Significant Industrial User if said Industrial Discharger has no reasonable potential for adversely affecting the City’s POTW or for violating any pretreatment standard or requirements.
(40.2) “Significant Non-compliance” means any violation that meets one or more of the following criteria:
A. Chronic violations of discharge limits, defined here as those in which sixty-six percent or more of all of 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) violations, defined here as those 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 (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a discharge limit (daily maximum or daily average) that the Director 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 of 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 (90) days after the scheduled date, a compliance schedule milestone contained in an Industrial Waste Permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide, within thirty (30) 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;
H. Any other violation or group of violations, which the Director determines, has adversely affected, or will adversely affect, the operation or implementation of the City’s pretreatment ordinance
(41) “Sludge” means any solid, semi-solid or liquid waste generated from a Municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 and 503 of the Act and in the applicable requirements under Section 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
(42) “Slugload” means any pollutant, including oxygen demanding pollutants (BOD, etc), released in a discharge at a rate and/or concentration, which causes interference to the POTW or Pass through.
(43) “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.
(44) “Standard Methods” means the laboratory procedures set forth in the latest edition, at the time of analysis, of “Standard Methods for the Examination of Water and Wastewater” prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
(44.1) “State” means State of Ohio.
(44.2) “TKN” or “Total kjehldahl nitrogen” means the sum of ammonia and organic nitrogen compounds that are converted to ammonium sulfate under analytical or test conditions.
(44.3) “Total Suspended solids” or “TSS” 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.
(44.4) “Total nonfilterable residue” or “TNFR” means the same as Total Suspended Solids.
(45) “Toxic amount” means 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 PL 92-500.
(46) “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, including those substances contained in Appendix A. (Ord. 19-02-O. Passed 6-3-02.)
(47) “Treatment Works” means any plant, disposal field, lagoon, dam, pumping station, building sewer connected directly to a treatment works, incinerator, or other works located inside or outside of the City used for the purpose of treating, stabilizing, blending, composting, or holding sewage, sludge, sludge materials, industrial waste, or other wastes, except as otherwise defined.
(48) “Ug/l” means micrograms per liter; same as ppb (parts per billion).
(Ord. 38-09-O. Passed 6-22-09.)
(49) “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, that modifies the chemical or physical characteristics of the water making it unacceptable for discharge to storm drains, drainage ways, or directly to waters of the State.
(50) “Upset” means an exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance due to factors beyond the reasonable control of the Discharger, and excluding noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof.
(50.1) “U.S.C.” means United States Code.
(51) “U.S. Environmental Protection Agency” or “EPA” means the United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.
(52) “User” means any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
(53) “Volatile organic matter” means the material in the sewage solids transformed to gases or vapors when heated at 550° Centigrade.
(54) “Wastewater” means industrial waste, sewage or any other waste, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW.
(55) “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.
(56) “Wastewater treatment plant” or “wastewater treatment process” means any arrangement of devices and structures for treatment of wastewater.
(57) “Watercourse” means a channel in which Waters of the State flow, either continuously or intermittently.
(Ord. 19-02-0. Passed 6-3-02.)