As used in this chapter:
(a) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
(b) "Authority" means the City.
(c) "Authorized representative of the discharger" may be:
(1) If the discharger is a corporation:
A. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy decision making functions for the corporation; or,
B. The manager of one or more manufacturing, production or operating facilities, provided the manager 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, initiates and directs other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the discharger is a partnership or sole proprietor ship; a general partner or proprietor, respectively.
(3) If the discharger is a Federal, State or local government facility; a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in subsections (1) - (3) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters of the company, and the written authorization is submitted to the Authority.
(d) "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 run-off, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(e) "Categorical pretreatment standards" means national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
(f) "CFR" means Code of Federal Regulations.
(g) "Discharger" or "industrial discharger" means any nonresidential user who discharges industrial wastes or other wastes into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches and all constructed devices and appliances appurtenant thereto.
(h) "Indirect discharge" or "discharge" means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307 (b), (c) or (d) of the Act.
(i) "Industrial user" or "user" means a source of indirect discharge.
(j) "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.
(k) "Interference" means a discharge, that alone or in conjunction with a discharge or discharges from other sources, results in either of the following:
(1) Inhibits or disrupts the POTW, the POTW's treatment processes or operations, or the POTW's sludge processes, use or disposal.
(2) Causes 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 all of the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations):
(i) Section 405 of the act.
(ii) The Solid Waste Disposal Act (SWDA) 42 U.S.C. sections 6901 to 6992 (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).
(iii) The standards for the use and disposal of sewage sludge (40 C.F.R. 503, and Chapter 3745-40 of the Administrative Code).
(iv) The Clean Air Act (CAA) 42 U.S.C. sections 7401 to 7671.
(v) The Toxic Substances Control Act (TSCA) 15 U.S.C. sections 2601 to 2692.
(l) "National pretreatment Standard" means any regulation of the U.S. EPA, containing pollutant discharge limits promulgated by the administrator in accordance with sections 307 (b) and (c) of the act, that applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. 403.5.
(m) "New source" means any building, structure or installation from which there is or may be the discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards which will be applicable to such source if such standards are thereafter promulgated. Construction by an industrial user would be classified as a new source if:
(1) The construction is carried out at a site at which no other source is located;
(2) The construction 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 constructed facility are substantially independent of an existing source at the same site.
(n) "NPDES" means the National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or the State.
(o) "O and M" means operation and maintenance.
(p) "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and other substances, except sewage and industrial wastes.
(q) "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).
(r) “Pollutant" means any substance discharged into a POTW or its collection system, listed in Appendices A and B following the text of this chapter, 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.
(s) "POTW" means any sewage treatment works, and the sewers and conveyance appurtenances discharging thereto, owned and operated by the Authority.
(t) "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.
(u) "Pretreatment Standards or Standards" shall mean a discharge limit related to pretreatment that is imposed on an industrial user by local ordinance or control mechanism, including categorical pretreatment standards, prohibitive discharge limits established pursuant to rule 3745-3-04 of the Administrative Code; local limits established pursuant to paragraph (C)(4) of rule 3745-0-03 and paragraph (D) of rule 3745-3-04 of the Administrative Code; and any enforceable schedule designed to achieve compliance with such limit.
(v) "Pretreatment Requirements" means any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.
(w) "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 water as may be present.
(x) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(y) "Significant industrial users" means:
(1) All categorical industrial users; and
(2) Any noncategorical industrial user which:
A. Discharges 25,000 gallons per day or more of process wastewater ("process wastewater" excludes sanitary, noncontact cooling and boiler blowdown wastewaters);
B. Contributes a process wastewater which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the treatment plant; or
C. Has a reasonable potential, in the opinion of the control or approval Authority, to adversely affect the POTW treatment plan (inhibition, pass-through of pollutants, sludge contamination or endangerment POTW workers).
(z) "Significant Noncompliance" means any significant industrial user that violates any of the following criteria or any other industrial discharger that violates divisions (3), (4) or (8) below:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in this chapter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) 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;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) 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;
(6) Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on adherence to compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of best management practices (BMP), which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(aa) "Slug Load or Slug Discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Chapter 921 and 922. A Slug Discharge is any Discharge of a non routine, episodic nature, including but not limited to an accidental spill or a non customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits or Permit conditions.
(bb) "Toxic pollutants" means those substances listed in Appendix A following the text of this chapter.
(cc) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the pollutant standards set forth in this chapter 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.
(dd) "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.
(Ord. 23-14. Passed 8-17-23.)