(a) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
(1) "Act or the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(2) "Approval Authority" means the Director in an NPDES State with an approved State Pretreatment program and the appropriate Regional Administrator in a non-NPDES State, or NPDES State without an approved State Pretreatment program.
(3) "Authorized representative of industrial user" means either:
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; or
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) "Biochemical oxygen demand (BOD)" means the same as defined under test methods found at 40 CFR part 136.
(5) "Building sewer" means a sewer conveying wastewater from the premises of a user to the POTW.
(6) "Categorical Standards" means the National Categorical Pretreatment Standards or Pretreatment Standard.
(7) "City" means the City of Fairborn, Ohio or the Administrative Panel of the City of Fairborn, Ohio.
(8) "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(9) "Control Authority" means either:
A. The POTW if the POTW's submission for its pretreatment program has been approved in accordance with the requirements of 40 CFR Part 403.11; or
B. The Approval Authority if the submission has not been approved.
(10) "Director" means the Chief Administrative Officer of a State or Interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act and an approved State pretreatment program.
(11) "Environmental Protection Agency or EPA" means the U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of such agency.
(12) "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.
(13) "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
(14) "Indirect discharge" means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
(15) "Industrial user" means a source of indirect discharge.
(16) "Interference" means an inhibition or disruption of the POTW, its treatment processes or operations, or its sludge process, use or disposal which is a cause of or significantly contributes to either a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or to the prevention of sewage sludge use of disposal by the POTW 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 plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substances Control Act. An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with the afore cited authorities whenever such user:
A. Discharges a daily pollutant loading the excess of that allowed by contract with the POTW or by Federal, State or local law;
B. Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or
C. Knows or has reason to know that its discharge alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge use or disposal in accordance with the above cited authorities as they apply to the POTW's selected method of sludge management.
(17) "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 user.
(18) "National Prohibitive Discharge Standard or Prohibitive Discharge Standard" means any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5.
(19) "New source" means any building, structure, facility or installation from which there is, or may be, an indirect discharge, the construction of which commenced:
A. After promulgation of Pretreatment Standards under Section 307(c) of the Act which are applicable to such source; or
B. After proposal of Pretreatment Standards in accordance with Section 307(c) of the Act which are applicable to such source, but only if Standards are promulgated in accordance with Section 307(c) within 120 days of their proposal.
(20) "NPDES Permit" means a permit issued to a POTW pursuant to Section 402 of the Act.
(21) "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
(22) “pH” means the same as defined under test methods found at 40 CFR part 136.
(23) "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(24) "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 discharged into water.
(25) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changed or by other means, except as prohibited by 40 CFR part 403.6(d). Appropriate pretreatment technology includes control equipment, such as, but not limited to, equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the facility shall meet an adjusted pretreatment limit calculated in accordance with 40 CFR . part 403.6(e).
(26) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(27) "Publicly Owned Treatment Works (POTW)" means a treatment works as defined by Section 212 of the Act, which is owned by a State or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycle and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works.
(28) "POTW treatment plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
(29) "Shall" is mandatory; "may" is permissive.
(30) "State" means the State of Ohio.
(31) "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Officer of the President, Office of Management and Budget, 1972.
(32) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(33) "Suspended solids" means the same as defined under test methods found at 40 CFR part 136.
(34) "Superintendent" means the person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
(35) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.
(36) "User" means any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
(37) "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with such ground water, surface water or storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
(38) "Process wastewater" means any water which during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.
(39) "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the State or any portion thereof.
(40) "Wastewater Contribution Permit" means the same as set forth in Sections 916.13 to 916.17.
(Ord. 42-87. Passed 8-17-87.)