As used in this chapter:
(1) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
(2) "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 the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
(3) "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.
(4) "Categorical pretreatment standards" means national pretreatment standards promulgated by the U.S. Environmental Protection Agency (USEPA) in accordance with the pretreatment provisions of Section 307(b) and (c) of the Act, which specify or limit quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by specific industrial users. The term "categorical pretreatment standard" shall also include Ohio categorical pretreatment standards.
(5) "City" means the City of Defiance Government and Council, or their duly authorized representatives.
(6) "C.O.D." or "chemical oxygen demand" means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedure, expressed in milligrams per liter.
(7) "Combined sewer" means a sewer receiving both surface run-off and waste water.
(8) "Compatible pollutant" means pollutants which the treatment works were designed to treat, which are BOD, SS, phosphorous and fecal coliform, plus additional pollutants identified in the NPDES permit if the treatment works were designed to treat such pollutants and, in fact, do remove such pollutants to a substantial degree.
(9) "Engineer" means the City Engineer or his or her authorized representative.
(10) "Garbage" means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(11) "Incompatible pollutant" means a pollutant which is not a compatible pollutant.
(12) "Indirect discharge" means the introduction of pollutants into a POTW from any nondomestic source regulated under the pretreatment provisions of Section 307(b), (c) or (d) of the Act.
(13) "Industrial user" or "discharger" means a source of indirect discharge as defined in paragraph (12) hereof.
(14) "Industrial pretreatment bypass" means an intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
(15) "Industrial wastes" means liquid wastes from industrial manufacturing processes, trades or businesses, as distinct from sanitary wastewater.
(16) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or
B. Causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with the Federal statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations).
(17) "Natural outlet" means any outlet, including the outlet of storm sewers, into a watercourse, pond, ditch, lake or other body of surface or ground water, which may or may not require an NPDES permit.
(18) “New source” means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which building, structure, facility or installation 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:
A. The building, structure, facility or installation is constructed at a site at which no other source is located;
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.
(19) "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).
(20) "Person" means any individual, firm, company, association, society, corporation, group, partnership, co-partnership, joint stock company, trust, estate, 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, and the singular shall include the plural where indicated by context.
(21) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(22) "Potable water" means water that is suitable for drinking.
(23) "POTW" (Publicly Owned Treatment Works) means a treatment works which is owned by the City. This definition 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, pump stations, pipes and any other conveyances, but only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality which has jurisdiction over the indirect discharges to, and the discharges from, such a treatment works.
(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 the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except dilution, which is prohibited by 40 CFR 403.6(d).
(25) "Pretreatment Appeal Board" means the Board consisting of the City Administrator, the City Law Director and the Superintendent, which is charged with considering written notices of appeal submitted by appealing parties which are related to pretreatment issues.
(26) "Pretreatment requirements" means any substantive or procedural requirements related to pretreatment, other than a pretreatment standard, imposed on an industrial user.
(27) "Pretreatment standard" means a discharge limit related to pretreatment that is imposed on an industrial user, including categorical pretreatment standards, prohibitive discharge limits, local limitations and any enforceable schedule designed to achieve compliance with such limit.
(28) "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
(29) "Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
(30) "Sanitary sewer" means a sewer which carries wastewater and to which storm, surface and ground waters are not intentionally admitted.
(31) "Sewer" means a pipe or conduit for carrying wastewater or drainage water.
(32) "Significant industrial user" means, except as otherwise provided herein:
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 (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or is designated as such by the City on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that an industrial user meeting the criteria set forth in paragraph (32)(B) hereof has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may, at any time, on its own initiative or in response to a petition received from an industrial user, determine that such industrial user is not a significant industrial user. (Ord. 5330. Passed 10-15-91.)
(33) "Significant noncompliance" means industrial user violations which meet one or more of the following criteria:
A. Chronic violations of wastewater 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, a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).
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 numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1), 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 Pretreatment Standard or Requirement, as defined by 40 CFR 403.3(1), (daily maximum, longer-term average, instantaneous limit or narrative standard) that the POTW 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). (Ord. 7515. Passed 7-9-13.)
D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or that has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism 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.
H. Any other violation or group of violations which the City determines will adversely affect the operation or implementation of the local pretreatment program.
(34) "Slugload" means any substance, including oxygen demanding pollutants (BOD and the like), released at such a flow rate and/or concentration and/or volume as may cause interference and/or pass through to the POTW, or which may, alone or in conjunction with a discharge or discharges from other sources, cause a hazard to human life (including POTW workers) or create a public nuisance.
(35) "Storm drain" or "storm sewer" means a sewer for conveying water, groundwater, subsurface water or unpolluted water from any source, but excludes wastewater and industrial wastes other than unpolluted cooling water.
(36) "Superintendent" means the Superintendent of the City's Division of Water Pollution Control, or his or her authorized representatives.
(37) "Suspended solids" means solids that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are removable by laboratory filtering.
(38) "Toxic pollutants" includes, but is not limited to, any pollutant or combination of pollutants identified in the toxic pollutant list promulgated by the USEPA under the provisions of Section 307(a) of the Act.
(39) "Unpolluted water" means water that contains not more than 300 milligrams per liter of dissolved solids, not more than ten milligrams per liter each of suspended solids and BOD, no toxic pollutants and no incompatible pollutants.
(40) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with this chapter, or a discharge permit or order issued under the provisions of this chapter, because of factors beyond the reasonable control of the discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance or careless or improper operations.
(41) "Wastewater treatment plant" means all facilities for treating, conditioning and disposing of wastewater and residual solids.
(42) "Wastewater works/treatment works" means all facilities for collecting, pumping, treating, conditioning and disposing of wastewater.
(43) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 5330. Passed 10-15-91.)