1040.12   DEFINITIONS.
   (a)   For the purpose of this chapter, the following definitions shall apply to Sections 1040.12, 1040.13, 1040.14 and 1040.99 unless the context clearly indicates or requires a different meaning.
      Act. The Clean Water Act (33 U.S.C. §1251 et seq.), as amended.
      Authority (City). The City of Fairlawn.
      Authorized representative.
      (1)   An officer, meaning a president, secretary, treasurer, or vice-president of a business entity in charge of a principal business function or any other person as defined by 40 CFR 403.12, authorized to bind the business entity concerning sewer use and pretreatment program issues;
      (2)   A general partner or proprietor if the user is a partnership or proprietorship, respectively;
      (3)   Owner;
      (4)   A representative legally authorized to bind an individual concerning sewer use and pretreatment program issues if the user is an individual.
      Background concentrations. The domestic/background concentration found in wastewater from residential and commercial areas in addition to non-permitted industrial discharges. The background concentration of a pollutant shall be as established by the City of Akron.
      Background pollutants. Low strength compatible pollutants and low concentrations of water soluble oils, boiler water treatment chemicals, detergents, or algicides normally found in wastewater from exclusively commercial/residential area.
      Best management practices (BMP). A method(s) used in the public right-of-way and on private property to eliminate and/or reduce:
      (1)   Sanitary sewer overflows and other impairments of the separate sanitary sewer's structural and design integrity through elimination of unpolluted water from the separate sanitary sewer system;
      (2)   Pollutant concentrations in combined sewer overflows during dry and wet weather events, and promote the general maintenance of the sewer system. These methods may include, but are not limited to: street cleaning, sewer cleaning, inspection, catch basin cleaning, correction of leaking manholes, correction of cracked or broken pipe, cleaning and repair of regulators and outfalls, spill protection/ prevention, infiltration and inflow control, source control of pollutants, and pump station preventive maintenance.
      Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius expressed in terms of weight and concentration. The oxygen demand measured is the sum of carbonaceous and nitrogenous demands. Laboratory procedures shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as defined in this section.
      Bypass. The intentional diversion of waste streams from any portion of the pretreatment treatment facility.
      Carbonaceous biochemical oxygen demand (CBOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius expressed in terms of weight and concentration. Interference from nitrogenous demand is prevented by an inhibitory chemical. Laboratory procedures shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as defined in this section.
      Chemical oxygen demand (COD). The amount of oxygen consumed from a chemical oxidant under standard laboratory procedures expressed in milligrams per liter.
      City. The City of Fairlawn.
      Compatible pollutant. The CBOD, BOD, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the City of Akron's NPDES permit if the treatment works was designed to treat the pollutants, and in fact does remove the pollutants to a substantial degree.
      Control of separate sanitary sewer overflows. Elimination of such overflow up to the specified design storm event.
      County. County of Summit, State of Ohio.
      Discharger. A source of discharge or treated or untreated wastewater to the WPCS or the Municipal Storm Water System. A discharger is a person, authorized representative or governmental entity as defined in this chapter.
      Fecal coliform. Any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
      Floatable oil. Oil, fat, or grease in a physical state, such that it will separate by gravity from wastewater.
      Garbage. The residue from the preparation and dispensing of food, and from the handling, storage, and sale of produce.
      Grease and oil. A group of substances including greases, hydrocarbons, fatty acids, soaps, nonpetroleum 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 Summit County Department of Sanitary Sewer Services methods.
      Industrial waste. Any substance resulting from any process of industrial, commercial, governmental, and institutional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources other than those generating waste defined as normal domestic sewage herein.
      Infiltration. The water entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.
      Inflow. The water discharged into a sanitary sewer system and service connections from sources which include, but are not limited to, roof leaders, foundation and other drains, cooling water discharges, cross connections from storm sewers and combined sewers, catch basins, manholes, and other similar sources of storm water. Inflow does not include, and is distinguished from, infiltration.
      Interference. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
      (1)   Inhibits or disrupts the WPCS, its treatment processes or operations, or its sludge processes, use, or disposal; and
      (2)   Therefore is a cause of a violation of any requirement of the WPCS'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 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, and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
      Law Director. The Director of Law of the City or his authorized deputy, agent, or representative.
      Maintenance. The action required to prevent dry weather overflows, reduce wet weather overflows, prevent failure of the sewerage system and preserve its original function.
      May. Is permissible.
      Pass through. A discharge which exits the WPCS 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 violation of any requirement of the WPCS's NPDES permit (including an increase in the magnitude or duration of a violation). A discharger significantly contributes to a permit violation by:
      (1)   Discharging a daily pollutant loading above allowable limits prescribed by contract with the WPCS, or by Federal, State, or local law;
      (2)   Discharging wastewater that differs substantially in nature and constituents from the user's average discharge;
      (3)   Knowing or having reason to know that its discharge, alone or in combination with discharges from other sources, would result in a permit violation; or
      (4)   Knowing or having reason to know that the WPCS is, for any reason, violating its final effluent limitations in its permit, and magnitude or duration of the WPCS's violations.
      Person. Any and all persons, natural or artificial, including any individual, firm, company, private corporation, partnership, copartnership, joint stock company, trust, association, institution, enterprise, or other legal entity, or their representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
      pH. The logarithm, base ten, of the reciprocal of the hydrogen-ion concentration expressed in moles per liter. It shall be determined by one (1) of the procedures outlined in Standard Methods.
      Point of discharge or meter station. Connection to a facility of the City or other community.
      Pollutant. The dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked, or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic, and agricultural waste discharged into water.
      Pollution. An alteration of the quality of the waters of the State by waste to a degree which affects those waters for beneficial uses.
      POTW. Publicly-owned and/or operated treatment works, treatment works which are owned and/or operated by the City of Fairlawn and/or the City of Akron, including the sewers, pumping stations, Water Pollution Control Station, and any related appurtenances.
      Premises. Any piece of real estate having one (1) or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the wastewater disposal system.
      Rehabilitation. The action required to restore the structural and design integrity of the sewer system or parts thereof, through methods which include, but are not limited to: BMP, sewer replacement, sewer relining, sewer sealing, pump station or force main replacement, and other means of reducing infiltration and/or inflow.
      Sanitary sewer. Any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source including combined sewers.
      Separate sanitary sewer. A sewer designed to receive and transport sanitary sewage.
      Separate sanitary sewer overflow (SSO). Sanitary flow which escapes from the separate sanitary sewer to storm sewers, combined sewers, watercourses, or ground surface.
      Separate storm sewer system or Municipal separate storm sewer system. Any point source or conveyance including roads with drainage systems that (a) is owned or operated by the City of Fairlawn, (b) is designed solely for collecting or conveying storm water and (c) includes the storm water portion of the combined sewer system.
      Service Director. The Director of Public Service of the City, or his authorized deputy, agent, or representative.
      Shall. Is mandatory.
      Sludge. Any solid, semi-solid, or liquid waste generated by 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 Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act (PL 94580).
      Slugload. Any discharge of water or pollutant, including oxygen demanding pollutants released in a discharge at a flow rate and/or pollutant concentration which will cause interference or pass through with the WPCS.
      Storm water. Storm water runoff, snow melt runoff, surface runoff, and drainage.
      Suspended solids. Solids that either float on the surface of, or are in suspension or will settle in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids, shall be made in accordance with procedures set forth in Standard Methods.
      Upset. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in the wastewater discharge permit 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.
      Water pollution control station (WPCS). The publicly owned wastewater treatment works owned, maintained, and operated by the City of Akron and any future improvement and expansions thereto.
(Ord. 2008-019. Passed 3-17-08; Ord. 2020-021A. Passed 6-15-20.)