922.01 DEFINITIONS.
   (a)   As used in this chapter, certain terms are defined as follows:
      (1)   "BOD" or "Biochemical Oxygen Demand" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as prescribed in "Standard Methods for the Examination of Water and Wastewater" in five days at twenty degrees Centigrade, expressed in miligrams per liter.
      (2)   "Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
      (3)   "Bypass" means an intentional diversion of wastestreams from any portion of Fremont Water Pollution Control Center or any Industrial User's treatment or pretreatment facility.
      (4)   "Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
      (5)   "Compatible pollutant" means BOD, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the Water Pollution Control Center was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.
      (6)   "COD" or "Chemical Oxygen Demand" means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures, expressed in milligrams per liter.
      (7)   "Degree of treatability" means the extent that wastewater may be treated using conventional biological, chemical and physical wastewater treatment processes.
      (8)   "Director" means the Fremont Safety-Service Director or his duly authorized agent or representative.
      (9)   "Engineer" means the Engineer for the City of Fremont or his authorized representative.
      (10)   "Federal Act" means the Federal Water Pollution Control Act Amendments of 1972 and the Clean Water Act Amendments of 1977 and any amendments thereto, as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to such Acts.
      (11)   "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
      (12)   "Industrial Discharge or Industrial User" means a source of indirect discharge.
      (13)   "Indirect Discharge" means the introduction of pollutants to the Fremont Water Pollution Control Center from any non-domestic source regulated under Section 307(b), (c), or (d) of the Federal Act.
      (14)   "Industrial waste" means the wastes resulting from any commercial, manufacturing or industrial operations or processes.
      (15)   "Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources both:
         A.   Inhibits or disrupts the Fremont sewage system and/or the Water Pollution Control Center, its treatment processes or operations, or its sludge processes use, recycle or disposal and:
          B.   Therefore is a cause of a violation of any requirement of the Fremont NPDES permit (including an increase in the magnitude or duration of the violation) or the prevention of sewage sludge recycle or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or City regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), and including State regulations contained in any State sludge management plans prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection, Research and Sanctuaries Act.
      (16)   "May" is permissive and "shall" is mandatory.
      (17)   "National Prohibitive Discharge Standard" or "prohibitive discharge" means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.
      (18)   "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 sources if such standards are thereafter promulgated in accordance with that section provided that:
         A.   The building structures, facility, or installation is constructed at a site at which is no other source 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 of wastewater generating processes of the building, structure, facility, or installation are subsequently independent of an existing source at the same site.
      (19)   "NPDES" means the National Pollutant Discharge Elimination System.
      (20)   "Passthrough" means a discharge which exits the Fremont Water Pollution Control Center into the waters of the Sandusky River 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 Fremont NPDES permit (including an increase in the magnitude or duration of a violation).
      (21)   "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of ions in grams per liter of solution. Neutral water, for example, has a pH of 7.0.
      (22)   "Phosphorus" means the total phosphorus content of a sample referred to in "Standard Methods for Examination of Water and Wastewater" as total phosphorus.
      (23)   "Pollutant" means dredged soil, solid waste, wastewater, garbage, wastewater sludge, munition, wrecked or discarded equipment, rock, sand, Municipal and Industrial waste discharged into water.
      (24)   "Pretreatment" means the treatment of wastewater from sources before introduction into the sewage system.
       (25)   "Pretreatment Standards" means any local limitation promulgated by the City of Fremont or Categorical Pretreatment Standard promulgated by the E.P.A. in accordance with Section 307(b) and (c) of the Act which applies to industrial or commercial users.
      (26)   "Properly shredded garbage" means the wastes from preparation, cooking, handling or dispensing of food that have been shredded to such degree that all particles will be carried freely under flow conditions normally prevailing in the sewage system, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
      (27)   "Sewage system" means and includes sewers, pumping stations, the Water Pollution Control Center and any and all appurtenances common to such systems.
      (28)   "Significant Industrial User" (SIU) means categorical industrial users and any noncategorical industrial user that discharge 25,000 gallons per day or more of process wastewater, contributes a process wastewater which makes up five percent (5%) or more of the average dry weather capacity of the Fremont Water Pollution Control Center, or has a reasonable potential, in the opinion of the Director, to adversely affect the Fremont Sewage system.
      (29)   "Significant Non-Compliance" (SNC) means:
         A.   Chronic violations of wastewater discharge limits, i.e., those in which sixty-six percent (66%) or more of all of the measurements taken during a six month period exceed (by any magnitude) this daily maximum limit, instantaneous limit, or the average limit for the same pollutant parameter and is only applicable to a Significant Industrial User (SIU) at each permitted monitoring point;
         B.   Technical Review Criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more of all the measurements taken during a six month period equal or exceed the product of the daily average maximum limit, instantaneous limit, or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH) and is only applicable to a Significant Industrial User (SIU) at each permitted monitoring point;
         C.   Any other violation of a pretreatment effluent limit (daily maximum or longer term average, instantaneous, or narrative standards) that the Director believes has caused, alone or in combination with other discharges, interference or passthrough (including endangering the health of the Fremont WPCC personnel or the general public);
         D.   Any discharge of a pollutant that has caused imminent danger to human health, welfare, or to the environment and has resulted in the Director's exercise of his/her emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt to prevent such a discharge;
          E.   Violation, by ninety days or more after the schedule date, of a compliance schedule milestone, contained in a control mechanism or enforcement order starting construction, completing construction, or attaining final compliance;
         F.   Failure to provide required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within forty-five days of the due date;
         G.   Failure to accurately report non-compliance;
         H.    Any activity that adversely affects the operation or implementation of the pretreatment program including violations of established Best Management Practices (BMP's).
         I.   Any other violation or group of violations which the Director considers to be significant.
      (30)   "Slug" means any pollutant including oxygen demanding pollutants, (BOD, etc.) released in a discharge by a flow rate and/or pollutant concentration which will cause interference of the processes in the Fremont Sewage system.
      (31)   "Standard Industrial Classification" (SIC) means the classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
      (32)   "Storm drain" means a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
      (33)   "Toxic pollutant" means those promulgated as such by the U.S. Environmental Protection Agency.
      (34)   "Unpolluted waters" means water of quality equal to or better than the effluent criteria in effect, or water that would not cause a violation of receiving water quality standards and would not be benefited by discharge to the sewage system.
      (35)   "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards or other Industrial Pretreatment limitations because of factors beyond the reasonable control of the industrial users.
      (36)   "User" means any person who contributes, causes or permits the contribution of wastewater into the City's sewage system.
      (37)   "Wastewater or sewage" means the spent water of a community, and may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and storm water that may be present.
      (38)   "Water Pollution Control Center" means all devices and systems used in the treatment, recycling, and reclamation of Municipal sewage or industrial waste of a liquid nature, or necessary to recycle water at the most economical cost, including site acquisition of the land used for ultimate recycling of residues (sludge) resulting from such a treatment, for the City of Fremont and its outlying sewer districts.
      (39)   "Commercial discharge" or "Commercial user" means a source of indirect discharge from a commercial establishment or user.
      (40)   "Background concentration" means the previous calendar year's average concentration of a particular waste or pollutant detected in the influent waste stream of the Fremont Water Pollution Control Center.
      (41)   "Best Management Practice" (BMP) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Ohio Administrative Code 3745-3-04. BMP's also include treatment requirements, operating procedures, and practices to control plant runoff, spillage, or leaks, sludge or waste disposal or drainage from raw material storage.
         (Ord. 09-3485. Passed 2-19-09.)