(1) Abbreviations used in this chapter are as follows:
BOD5 5-Day Biochemical Oxygen Demands
CFR Code of Federal Regulations
COD Chemical Oxygen Demands
EPA U.S. Environmental Protection Agency
l Liter
mg Milligrams
mg/l Milligrams per Liter
NPDES National Pollutant Discharge Elimination System
POTW Publicly-Owned Treatment Works
SIC Standard Industrial Classifications
SWDA Solid Waste Disposal Act 42 U.S.C. 6901
U.S.C. United States Code
TSS Total Suspended Solids
Act The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
(2) "Applicable pretreatment standard" means any pretreatment or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which nondomestic users will be required to comply with.
(3) "Approval authority" means the Director of an NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
(4) "Authority" means the state or local governmental entity enacting and enforcing this chapter.
(5) "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, respectively;
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.
(6) "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 a calendar month divided by the number of daily discharges measured 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" include, but are 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.
(9) "Biochemical Oxygen Demand (BOD5)" 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 terms of weight and concentration (milligrams per liter)(mg/l).
(10) "Chemical Oxygen Demand (COD)" means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures expressed in milligrams per liter (mg/l).
(11) "Composite sample" means a sample containing a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples shall be required where the wastewater loading is highly variable.
(12) "Daily discharge" means a discharge of a pollutant "measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling".
(13) "Discharger or industrial discharger" means any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping station force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances appurtenant thereto.
(14) "Easement" means an acquired legal right of the specific use of land owned by others.
(15) "U.S. Environmental Protection Agency or EPA" means the U.S. Environmental Protection Agency, or where appropriate, a designation for the administrator or other duly authorized official of such agency.
(16) "Garbage" means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(17) "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 than one-half inch in dimension.
(18) "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.
(19) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into a POTW.
(20) "Industrial user" means any industrial or commercial establishment manufacturing or processing facility that discharges industrial waste to a publicly-owned treatment works.
(21) "Industrial waste" means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(22) "Industrial waste permit" means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
(23) "Influent" means the water, together with any waste that may be present, flowing into a drain, sewer, receptacle or outlet.
(24) "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 or operations, or its sludge processes, use or disposal;
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.
(25) "Maximum daily discharge limitations" means the highest allowable daily discharge.
(26) "May" indicates a discretionary condition.
(27) "National Categorical Pretreatment Standard" or "pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the 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 users.
(28) "New source" means 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:
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 or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
(29) "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 PL 92-500.
(30) "O and M" means operation and maintenance.
(31) "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.
(32) "Pass Through" - 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) [40 CFR 403.3 (n)].
(33) "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 American or other legal entity, or their legal representatives, agents or assigns. The masculine gender includes the feminine, and the singular includes the plural where indicated by the context.
(34) "Pollutant parameters" means:
A. "Biological 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 matter by aerobic biochemical action under standard laboratory procedures for five days at twenty degrees Centigrade. The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods".
B. "Chemical Oxygen Demand (COD)" of sewage, sewage effluent, polluted waters or industrial wastes means a measure of the oxygen equivalent to that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxident. The laboratory determination shall be made 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 it 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, soaps, fats, waxes, 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. Greases and oils are defined by the method of their determination in accordance with "Standard Methods".
F. "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 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 refinery wastes and storage depot wastes.
H. "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.
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 transformed to gases or vapors when heated at 550 degrees Centigrade for fifteen to twenty minutes.
L. Any other pollutant parameter deemed appropriate.
(35) "Pollutant" means any substance discharged into a POTW or its collection system, listed in Appendix A hereof, or any substance which upon exposure to or 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.
(36) "POTW" means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the Authority.
(37) "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.
(38) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(39) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
(40) "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 and other waters as may be present.
(41) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source.
(42) "Shall" is mandatory.
(43) "Significant industrial user (SIU)".
A. Except as provided in subsection (43)B. hereof, "significant industrial user" includes:
1. All industrial users subject to categorical pretreatment standards; and,
2. 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 (5%) 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 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 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 for violating any pretreatment standard or requirement.
(44) "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 standards issued under Section 402, 405 of the Federal Act and in the applicable requirements under Section 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
(45) "Slugload" means any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
(46) "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.
(47) "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.
(48) "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.
(49) "Toxic pollutant" means those substances referred to in Appendix A as well as any other known potential substances capable of producing toxic effects.
(50) "Unpolluted water" means water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to sanitary sewers and wastewater treatment facilities provided.
(51) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendix A hereof 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 preventive maintenance or careless or improper operation thereof.
(52) "User" means any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
(53) "Wastewater" means industrial waste, or sewage or any other waste, including that which may be combined with any groundwater, surface water or stormwater, that may be discharged to the POTW.
(54) "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.
(55) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 66, 1991. Passed 10-21-91.)