"Authorized Representative of Industrial User" means:
(a) A 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
(b) The manager of one or more manufacturing, production, or operation facilities, provided the manager:
1. 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 of initiating and directing other comprehensive measures, to assure long-term environmental laws and regulations;
2. Can ensure that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements; and
3. Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
(c) A general partner or proprietor if the Industrial User is a partnership or sole proprietorship respectively.
(d) A duly authorized representative of the individual designated in subsections (a), (b) or (c) hereof if:
(1) The authorization is made in writing by the individual described in subsections (a), (b) or (c) hereof;
(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Waste originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(3) The written authorization is submitted to the City of Conneaut.
"Average Monthly Discharge Limitation" means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all daily discharges, measured during the calendar month divided by the number of daily discharges measured during the month.
"Beneficial Uses" shall mean but not be 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 preserves, and other users, both tangible or intangible as specified by State or Federal law.
"Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMPs also 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.
"Building Drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer. Building drains shall be classified as follows:
(a) "Building Drain, Combined" means a building drain which conveys sanitary sewage, storm water, or industrial wastes, or any combination thereof.
(b) "Building Drain, Industrial" means a building drain which conveys industrial waste only.
(c) "Building Drain, Sanitary" means a building drain which conveys sanitary sewage only.
(d) "Building Drain, Storm" means a building drain which conveys storm water or other drainage, but no sanitary sewage or industrial waste.
"Building Sewer" means the extension from the building drain to the public sewer or other place of disposal. Building sewers are classified as follows:
(a) "Building Sewer, Combined" means a building sewer which conveys sanitary sewage, storm water, or industrial wastes or any combination thereof.
(b) "Building Sewer, Industrial" means a building sewer which conveys industrial wastes only.
(c) "Building Sewer, Sanitary" means a building sewer which conveys sanitary sewage only.
(d) "Building Sewer, Storm" means a building sewer which conveys storm water or other drainage, but no sanitary sewage.
"Bypass" means the intentional diversion of waste streams from any portion of an Industrial User's treatment facility.
"Categorical Pretreatment Standard" means the standards and/or other requirements promulgated by the Environmental Protection Agency in accordance with Section 307 (b) and (c3 of the Act (33 U.S.C. 1251 et. seq.) which applies to a specific category of Industrial Users specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by specific industries.
"City" means the City of Conneaut, Ohio.
"City Council" means the elected council of representatives for the City of Conneaut.
"City Engineer" means the duly appointed engineer for the City of Conneaut acting under the authority of the City Manager.
"Combined Sewer" means a sewer which is designed to carry sanitary sewage or industrial wastes, and storm water.
"Composite Sample" means a sample of wastewater that shall be comprised of a series of grab samples collected over a 24-hour period and proportionate in volume to the sewage flow rate at the time of sampling. Such sampling shall be collected at such times and locations, and in such a fashion, as to be representative of the facility's overall performance.
"Construction" includes the acquisition of any and all rights-of-way or real property necessary for the performance and completion of the work referred to wherever authority is given to the City for any construction.
"Cooling Water" means the water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other. It shall be free from odor and oil, and shall contain no polluting substances.
"County" means Ashtabula County, Ohio.
"Daily Discharge" means discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.
"Department of Sewers" means the department established by the City for the purpose of maintaining and operating the City sewer system.
"Director" means the Public Service Director.
"Discharge" means any liquid, solids, or gas flowing out of any domestic, commercial, or industrial establishment.
"Easement" means an acquired legal right of the specific use of land owned by others as further defined by the Ohio Revised Code.
"Effluent" means sewage, water or other liquid after some degree of treatment, flowing out of any treatment device or facility.
"Garbage" means any solid waste from the preparation, cooking, or dispensing of food and from handling, storage, or sale of produce.
"Ground 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 than one-half inch (½") in dimension.
"Grab Sample" means a sample which is taken from a waste stream on a one (1) time basis.
"Industrial User" means any industrial, commercial, or non-residential establishment or manufacturing or processing facility that discharges industrial waste to a sewerage facility.
"Industrial Waste" means any liquid, solid, or gaseous substance or form of energy, or combination thereof, resulting from any process of industrial, commercial, governmental, and institutional concerns, manufacturing, business, trades, or research, including the development, recovery, or processing of natural resources.
"Indirect Discharge" means the discharge or the introduction of non-domestic pollutant from a source regulated under Section 307 (b) or (c) of the Act.
"Influent" means water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
"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 processes operations, or its sludge processes, use or disposal, and;
(b) Therefore is a cause of a violation of any requirement of the City of Conneaut's NPDES Permit (including an increase in the magnitude or duration of a violation) or contributes to the prevention of sewage sludge use or disposal in accordance 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 plant prepared pursuant to Subtitle D of SWDA, the Clean Air Act, and the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.
"Laboratory Determination" means the measurements, tests, and analyses of the characteristics of waters and wastes in accordance with the provisions of 40 CFR Part 136-Guidelines Establishing Test Procedures for the Analyses of Pollutants. These methods are contained in the latest edition of these publications:
(a) Standard Methods for Examination of Water and Wastewater means a joint publication of the American Public Health.
(b) ASTM means the "Annual Book of Standards, Part 23, Water, Atmospheric Analyses, 1974", a publication of the American Society for Testing Materials.
(c) EPA Methods means "Methods for Chemical Analyses of Water and Wastes", a publication of the U.S. Environmental Protection Agency; or in accordance with any other equivalent method prescribed by the Director.
"Major Contributor or Major Significant Discharger" means significant Industrial User as subsequently defined in this section.
"Minor Significant Industrial User" means a commercial or industrial establishment that is not a Major Significant Industrial User and that either:
(a) Contributes a large share of industrial volume, organic loading or solids loading, or;
(b) Has the potential of contributing slugloads or a spill of hazardous materials or priority pollutants.
"May" indicates a discretionary condition.
"mg/l" means milligrams per liter.
"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 the Act which will 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.
"Normal Sewage" means sewage which, when analyzed according to the standard laboratory methods approved by the Environmental Protection Agency shall have pollutant concentrations not exceeding 200 mg/l SS, 200-mg/l BOD, 500 mg/l COD, or 100 mg/l oil and grease.
"NPDES Permit" means the National Pollutant Discharge Elimination System permit which sets 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.
"Orders" means the letters issued by the City setting forth conditions for the discharge of pollutants to the POTW pursuant to this chapter.
"Passthrough" means a Discharge which exits the POTW into the 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 or any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation or violates the Water Quality Standards set by the Ohio Environmental Protection Agency for the receiving water.
"Permit" means and/or shall be interchangeable with orders or wastewater discharge permits.
"Person" means any or all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, 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 plural and female as indicated by the context.
"Pollution" means an alteration of the Waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses of facilities which serve such beneficial uses. The man made or man induced alteration of the chemical, physical, biological, and radiological integrity of water.
"Pollution Parameters" includes but shall not be limited to:
(a) Biochemical Oxygen Demand (BOD) 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 (5) days at 20 Centigrade. The laboratory determination shall be made in accordance with procedures set forth in "Standard Methods".
(b) Chemical Oxygen Demand (COD) means a measure of the oxygen equivalent of that portion of the organic material in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be in accordance with procedures set forth in "Standard Methods".
(c) 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.
(d) Floatable Oil means oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(e) Grease and Oil means a group of substances including hydrocarbons, fatty acids, soups, fats, waxes, oils or any other material that is extracted by a solvent from an acified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with procedures set forth in "Standard Methods"
(f) Grease and Oil of Animal and Vegetable Origin means substances that are more readily biodegradable in nature such as are discharged by meat packing, vegetable oil and fat companies, food processors, canneries and restaurants.
(g) 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 refining wastes and storage depot wastes.
(h) pH means logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
(i) 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. Quantitative determination shall be made in accordance with procedures set forth in "Standard Methods".
(j) Total Solids means the sum of suspended and dissolved solids.
(k) Volatile Organic Matter means the material in the sewage solids transforms to gases or vapors when heated at 550 Centigrade for 15 to 20 minutes.
"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 to the POTW.
"Pretreatment Facility" means structures, devices or equipment for the purpose of removing deleterious waste from sewage generated from a premises prior to its discharge into the POTW.
"Receiving Stream" means the watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
"Sanitary Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions, and commercial and industrial establishments contributed by reason of human occupancy.
"Sanitary Sewer" means a sewer which carries sanitary sewage and industrial wastes and to which storm, surface, and ground waters are not intentionally admitted.
"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.
"Sewage" means a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other wastes as may be present.
"Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
"Sewer User" means any entity or person discharging anything to the sanitary sewer.
"Shall" is mandatory. "May" is permissive.
"Significant Industrial User" means any user of the Conneaut Wastewater Treatment Plant where:
(a) The User is subject to categorical pretreatment standards; or
(b) The User discharges twenty-five thousand gallons per day or more of process wastewater (process wastewater excludes sanitary, non-contact cooling and boiler blowdown wastewaters); or
(c) The User contributes a process wastestream which makes up five percent or more to the average dry weather hydraulic or organic capacity of the treatment plant; or
(d) The User's discharge has a reasonable potential, in the judgment of the pretreatment Director, to cause pass through and/or interference at the wastewater treatment plant; or
(e) The User's discharge into the wastewater treatment plant has caused or has the potential to cause any violation of the terms and conditions of any permit under which the wastewater treatment plant is operating, including plan approvals.
"Sludge" means any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in the standards issued under Sections 402, 405 of the Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act PL-94-580.
"Slugload" means any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a single extraordinary discharge episode of such volume or strength as to cause interference to the City of Conneaut's facilities.
"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.
"Superintendent of Wastewater Treatment" means the duly appointed Superintendent of the City's wastewater treatment plant acting under authority of the City Manager.
"System" means the sewerage system of the City of Conneaut including all treatment and disposal facilities and interceptor sewers owned and operated by the City and all sewerage collection systems and all other appurtenances connected thereto.
"Toxic Substance" means any substance whether gaseous, liquid or solid, which when discharged to the POTW in sufficient quantities may tend to interfere with any sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or create a hazard to recreation in receiving waters of the effluent from the sewage treatment plant, or substances listed in the Federal Regulations promulgated pursuant to Section 307 of the Clean Water Act.
"Unpolluted Water" means water discharged in its original state or water discharged after use for any purpose, is at least equal chemically, physically, and biologically, to the water from its original source, i.e. potable water, groundwater, river and stream water.
"Upset" means an exceptional incident in which a Industrial User unintentionally and temporarily is in a state of non-compliance with the standards set forth in the applicable pretreatment requirements due to factors beyond the reasonable control of the Industrial User, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation thereof.
"User" means any person that discharges, causes, or permits the discharge of wastewater into the POTW.
"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.
"Wastewater Discharge Permits", as used in this Code, means the permit required by Section 931.05(a).
"Watercourse" means a channel in which a flow of water occurs either continuously or intermittently.
"Wastewater Treatment Plant or WWTP" means any arrangement of devices and structures used for treating sewage.
(Ord. 106-15. Passed 12-14-15.)