As used in this chapter:
(1) ACT: The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
(2) BEST MANAGEMENT PRACTICES OR BMP’s: Means schedules of activities, prohibitions of practices, maintenance procedures, and other management Practices to implement the prohibitions listed in Section 915.03 [40 CFR 403.5(a)(1) and (b) and OAC 3745-3-04]. BMPs 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 alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits.
(3) BYPASS : The intentional diversion of wastestreams from any portion of an Industrial Discharger's treatment facility.
(4) CATEGORICAL PRETREATMENT STANDARDS: National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the Rocky River WWTP by specific Industrial Dischargers.
(5) CITY: The City of Fairview Park, Ohio.
(6) CONTROL AUTHORITY: The City of Rocky River, Ohio through a Multi-Jurisdictional Agreement among the Cities of Bay Village, Fairview Park, Rocky River, and Westlake, as duly adopted by their Councils and Mayors, with amendment thereof subject to the terms of said Agreement.
(7) DISCHARGER/INDUSTRIAL DISCHARGER/USER: Any industrial, commercial, nondomestic, manufacturing or processing facility that discharges to the POTW.
(8) INDIVIDUAL WASTEWATER DISCHARGE: Permits issued to each Significant or Potentially Significant Industrial Discharger by the Control Authority. These permits advise the discharger of the applicability of the pretreatment regulations and specific discharge limitations; establish the required monitoring frequency and and parameters to be measured; and establish the frequency and schedule for submission of self-monitoring reports.
(9) INDIRECT DISCHARGE: The discharge or the introduction of non-domestic pollutants from a source regulated under Section 307(b), (c), or (d) of the Act, into the Rocky River WWTP.
(10) INDUSTRIAL: Solid, liquid or gaseous waste resulting from any WASTES industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(11) INSTANTANEOUS LIMIT: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(12) INTERFERENCE: A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City of Rocky River's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations, including, but not limited to: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act ("RCRA"), as amended; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act, as amended; the Clean Air Act, as amended; the Toxic Substances Control Act, as amended; and the Marine Protection, Research, and Sanctuaries Act, as amended.
(13) LOCAL LIMIT: The highest allowable amount of a pollutant that can be present in a User's industrial wastewater discharge. The local limit, established by the Control Authority, is expressed either as a concentration (milligrams per liter, micrograms per liter or nanograms per liter) or as a mass loading (pounds per day).
(14) MAY: Indicates a discretionary condition.
(15) NPDES: The National Pollutant Discharge Elimination System PERMIT Permit issued by the U.S. EPA or the State of Ohio EPA under the Act regulating the discharge of water to navigable waters of the United States.
(16) NEW SOURCE: 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. 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 should be considered.
(17) OM &R: Operation, Maintenance and Replacement.
(18) OTHER WASTES: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial waste.
(19) 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 violation of any requirements of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(20) POLLUTANT: Any substance discharged into the Rocky River WWTP or the tributary collection system which includes dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
(21) PRETREATMENT: 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 the Rocky River WWTP.
(22) PRETREATMENT COORDINATOR: The Laboratory Technician of the Rocky RiverWastewater Treatment Plant.
(23) PUBLICLY OWNED TREATMENT WORKS or POTW: A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the Cities. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
(24) SEVERE PROPERTY DAMAGE: 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.
(25) SEWAGE: 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 waters as may be present.
(26) SEWER: Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(27) SHALL: Is mandatory.
(28) SIGNIFICANT INDUSTRIAL USERS:
A. Except as provided in part B. of this definition, the the term 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 Rocky River WWTP; contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the Rocky River WWTP; or has a reasonable potential, in the opinion of the Pretreatment Coordinator, to adversely affect the Rocky River WWTP's operation or for violating any pretreatment standard or requirement.
B. The Pretreatment Coordinator may at any time, on his/her own initiative or in response to a petition received from an industrial user, determine that a non-categorical industrial user is not a Significant Industrial User if the industrial user has no reasonable potential to adversely affect the Rocky River WWTP's operation or for violating any pretreatment standard or requirement.
(29) SLUG LOAD or SLUG DISCHARGE: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in this Chapter. 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.
(30) SUPERINTENDENT: The Superintendent of the Rocky River Wastewater Treatment Plant or duly authorized representative.
(31) TOXIC POLLUTANTS: Defined as those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic affects.
(32) UPSET: An exceptional incident in which a Discharger unintentionally and temporarily is in a state of non-compliance with the standards set forth in Section 307(a) of the Act hereto due to factors beyond the reasonable control of the Discharger, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
(33) WASTEWATER: Industrial waste, or sewage or any other waste including that which may be combined with any groundwater, surface water or storm water, that may be discharged to the Rocky River WWTP.
(34) WWTP: The Rocky River Wastewater Treatment Plant.
(Ord. 12-38. Passed 11-19-12.)