For the purposes of this chapter, certain terms and words are defined 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.
(2) "Appeal Board" means WPCC Appeal Board and shall be that board appointed by the mayors of the cities of Willoughby and Eastlake.
(3) "Authorized representative of industrial user" means:
A. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
B. A general partner or proprietor if the industrial user is a partnership or proprietorship;
C. A duly-authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(4) "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, pollution prevention and educational practices, and other management practices to implement the prohibitions listed in Section 939.23 of this chapter. 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. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(5) "C.B.O.D." or "carbonaceous biochemical oxygen demand" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade expressed in milligrams per liter (mg/l) or parts per million (ppm) by weight.
(6) "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 outside the outer surface of the building wall.
(7) "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.
(8) "Bypass" means the intentional diversion of wastestreams from any portion of an Industrial User's treatment facility.
(9) "Categorical pretreatment standards" means national pretreatment standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
(10) "City" means the City of Eastlake, Ohio.
(11) "City Engineer" means the Engineer for the City.
(12) "C.O.D." or chemical oxygen demand" means the quantity of oxygen required to satisfy the carbon in a waste as determined by chemical oxidation of the waste with a strong oxidation agent (acid solution), expressed in milligrams per liter (mg/l).
(13) "Combine sewer" means a sewer designated by the City to carry sewage, storm water, surface water and drainage, and which may carry unpolluted wastewater and cooling water.
(14) "Commercial user" shall include retail or wholesale business establishments that discharge wastewater into the public wastewater treatment system, works, and facility.
(15) "Compatible Pollutant" means C.B.O.D., C.O.D., phosphorus, oil and grease, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment works' NPDES permit where such treatment work is designed to and, in fact does, treat such pollutants to the degree required by the POTW's NPDES permit.
(16) "Cooling water" means the water discharged from a condensation, air conditioning, cooling, refrigeration or other system, but free from odor or oil, and containing no polluting substances which could produce C.B.O.D. or suspended solids each in excess of ten milligrams per liter.
(17) "Debt service" means the funds used for the retirement of an interest n bonds and/or notes authorized and issued by the City to construct sewage facilities.
(18) "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the State.
(19) "Director" means the Director of Public Service of the City and whenever used in this chapter shall mean the Director or his duly-authorized representative.
(20) "Discharger" means any user who discharges an effluent into a POTW or storm drainage system.
(21) "EPA" or "Environmental Protection Agency" means the U.S. or the Ohio EPA or, where appropriate, a designation for the Administrator or other duly authorized official of such agency.
(22) "Floatable Material" in general this term means any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
(23) "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.
(24) "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(25) "Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(26) "Hazardous Material" means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(27) "Holding tank waste" means any waste for holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
(28) "Illicit Discharge" as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 939.21 of this regulation.
(29) "Illegal Connection" means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(30) "Incompatible pollutant" means a waste constituent which interferes with the operation and performance of the wastewater treatment system.
(31) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317) into the POTW including holding tank waste discharged into the sewer system.
(32) "Industrial User" or "User" means a source of Indirect Discharge.
(33) "Industrial wastes" mean the liquid, solid or gaseous waste resulting from industrial processes, trade or business as distinct from sanitary sewage.
(34) "Institutional/Governmental user" shall include hospitals, nursing homes, schools, city, county, state, or federal building or facilities that discharge wastewater into the public wastewater treatment system, works, and facility.
(35) "Insignificant User" means those users having no process wastes or significant wastes other than normal sewage.
(36) "Intercepting sewer" means a sewer intended to recive flows from both combined sewers and sanitary sewers; or a sewer whose primary purpose is to transport wastewater from collector (local) sewers to a wastewater treatment plant.
(37) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes or disposal; and, (2) therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including and increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal.
(38) "Major Significant User" means:
A. All Industrial Users subject to categorical pretreatment standards and any other Industrial User with substantial process waste being discharged or with a high possibility of discharging other than normal sewage who:
1. Discharge an average of 25,000 gallons per day or more of process wastewater to the POTW;
2. Contribute a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Have a reasonable potential, in the opinion of the Director, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The Director may at any time, on his own initiative or in response to a petition received from a user, determine that a noncategorical user is not a major significant user if the user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
(39) "Minor Significant User" means:
A. Any Industrial Users with very low process waste and low concentrations of pollutants in their waste or those that discharge sanitary waste but have a potential for discharging other than normal sewage; i.e., accidental spills who:
1. Discharge an average of less than 25,000 gallons per day of process wastewater to the POTW;
2. Contribute a process wastestream which makes up less than five percent (5%) of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Have a reasonable potential, in the opinion f the Director to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The Director may at any time, on his own initiative or in response to a petition received from a user, determine that a noncategorical user is not a minor significant user if the user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
(40) "Multiple User" means the owner of any property where more than one (1) industrial user and commercial user discharge into a common sewer line and control manhole.
(41) Municipal Separate Storm Sewer System (MS4): as defined at 40 C.F.R. 122.26(b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
A. Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to waters of the United States;
B. Designed or used for collecting or conveying storm water;
C. Which is not a combined sewer; and
D. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
(42) (Reserved)
(43) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis. This includes the discharge of pollutants from the wastewater treatment system.
(44) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water.
(45) "New Source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which is commended after the adoption of Federal, State or local pretreatment standards which are applicable to such source, 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 of 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 are to be considered. (Ord. 2011-098. Passed 7-12-11.)
(46) "Normal sewage" means sewage which when analyzed, shows, by weight, a daily average of not more than 225 parts per million (ppm) of suspended solids; nor more than 185 parts per million of C.B.O.D. and/or 250 parts per million of C.O.D.; nor more than fifty parts per million ammonia; nor more than eighty parts per million grease and oil (Hexane EPA Method 1664A); nor more than eight parts per million phosphorus. These concentrations will be used for determining surcharges. (Ord. 2016-024. Passed 5-10-16.)
(47) "OEPA" means Ohio Environmental Protection Agency; the department of State assigned and designated as the legal authority of administration, supervision and regulation of municipal, private and industrial wastewater treatment plants in Ohio.
(48) Off-Lot Discharging Home Sewage Treatment System: means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
(49) "Operation" means any physical and mechanical actions, processes or functions required to efficiently operate the wastewater treatment system as defined herein.
(50) "Operation and Maintenance Cost" means the costs incurred in the act of keeping all facilities for collection, pumping, treating and disposing of sewage, in a good state or repair and functioning properly, including the replacement of such facilities when necessary.
(51) (Reserved)
(52) Owner/Operator: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
(53) "Pass-Through" means a discharge which exists the POTW into waters in 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).
(54) "Person", "owner", "enterprise" or "establishment" means any individual, partnership, firm, company, association, society, corporation or any other entity using the sewage works or wastewater treatment system.
(55) "pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(Ord. 2011-098. Passed 7-12-11.)
(56) "Phosphorus-Total" means a constituent in wastewater identified in "Standard Methods for the Examination of Water and Wastewater".
(Ord. 2016-024. Passed 5-10-16.)
(57) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharge into water. Pollutant means anything that causes or contributes to pollution. Pollutants may therefor include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers hazardous materials, wastes, sewerage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
(58) "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(59) "POTW" means publicly owned treatment works; any pump stations sewers and force mains that convey wastewater to, and including, the POTW treatment plant; but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
(60) "Pretreatment" or "treatment" means the reduction f the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW.
(61) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment other than a national pretreatment standard imposed on an industrial user.
(62) "Properly shredded garbage" means the wastes from the preparation, cooking or dispensing of foods that have 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 in any dimension.
(63) "Public sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
(64) "Replacement" means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
(65) "Residential user" shall mean a principal family residence or habitation classified as a single-family, multi-family, or apartment dwelling that discharges domestic sanitary wastewater having characteristics of "normal sewage", as defined under Section 939.01 of the Codified Ordinances.
(66) "Sanitary sewage" means sewage discharged from the sanitary conveniences of dwellings including apartment houses, hotels or motels, office buildings, factories or institutions, and free from storm and surface waters and industrial wastes.
(67) "Sanitary sewer" means a sewer designated by the City to carry sewage and to which storm, surface and ground waters are not intentionally admitted.
(68) "Sanitary Sewer System" means a sewer and other appurtenances used to control, channel, or divert sanitary or industrial wastes, but excluding storm and surface waters.
(69) "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.
(70) "Sewage Surcharge" means the fee required to cover the increased costs of treating wastes with concentrations in excess of those found in "normal sewage".
(71) "Sewage works: or "wastewater treatment system" or "sewage system" or "sewage disposal system" means all facilities for collection, pumping, treating or disposing of sewage.
(72) "Sewer" means a pipe or conduit used to collect and transport sewage or stormwater.
(73) "Sewer service charge" means the total charge levied against users of the sewage system for sewer service. The charge shall include user charges plus the cost of debt service.
(74) "Sewer System" mans a pipe or pipes and/or conduit or conduits used to collect and transport sewerage or stormwater.
(75) "Shall" is mandatory; "may" is permissive.
(76) "Slug" means any discharge of wastewater containing any pollutant released in a single extraordinary discharge episode of such volume or strength that may, or does, cause problems, including interference, at the POTW.
(77) "SIC" means standard industrial classification; pursuant to the Standard Industrial Classification manual, a classification issued by the Executive Office of the President, Office of Management and Budget, 1972.
(78) "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 Pollution Control Federation.
(79) "State" means the State of Ohio.
(80) "Storm Drainage System" means storm drain, a sewer and appurtenance and public ditches, swales, retention areas, dams, weirs, dikes, and any other appurtenances used to control, channel, or divert storm and surface waters and drainage, but exclude sewage and industrial wastes. It may however, be used to carry unpolluted wastewater and cooling water.
(81) Storm Water: any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(Ord. 2011-098. Passed 7-12-11.)
(82) "Suspended solids-Total" means solids that either float on the surface of, or are in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. (Ord. 2016-024. Passed 5-10-16.)
(83) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA.
(84) "Unpolluted water" or "unpolluted wastewater" means waste or wastewater which does not contain any:
A. Free or emulsified grease or oil;
B. Acid or alkali;
C. Phenols or other substances which impart taste or odor to receiving waters;
D. Toxic or poisonous substance in suspension, colloidal state or solution;
E. Noxious or odorous gases;
F. Dissolved solids in excess of 10,000 milligrams per liter;
G. Suspended solids in excess of ten milligrams per liter;
H. C.B.O.D. in excess of ten milligrams per liter;
I. Color in excess of fifty units.
(85) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth herein due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof.
(86) "User" means any person who contributes, causes or permits the contribution of wastewater to the POTW.
(87) "User charge" means the charge assessed users of the sewage system to recover the cost of operation, maintenance and replacement of the sewage collection and sewage treatment system, and the cost of rendering bills and collecting sewer service charges.
(88) "User classes" shall mean classes of sewer users, including residential, commercial, industrial, and institutional/governmental.
(89) "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Centigrade for fifteen to twenty minutes.
(90) "Wastewater" or "Sewage" means the liquid and water-carried-waste from any dwelling, commercial building, industrial facility and institution together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is contributed into, or permitted to enter, the POTW. Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.
(91) "Wastewater treatment system" means all treatment facilities, sanitary sewers (i.e. lateral, trunk or interceptor), lift stations, force mains, laboratory and office facilities, and all other appurtenances used to treat or convey wastewater.
(92) "Watercourse" means a channel in which a flow of water occurs either continuously or intermittently.
(93) "WPCC" means the Willoughby-Eastlake Water Pollution Control Center.
(Ord. 2011-098. Passed 7-12-11.)