(a) Unless the context specifically indicates otherwise, the following terms, as used in this chapter, shall have the meanings hereinafter designated:
(1) "Act" means the Federal Water Pollution Control Act, also known as the "Clean Water Act" as amended.
(2) "Approval Authority" means the State of Ohio Environmental Protection Agency
(3) "Authorized or Duly Authorized Representative of the User"
A. If the User 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 or decision making functions for the corporation; or
(b) The manager of one or more manufacturing, production, or operation facilities, provided the manager:
(i) 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, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations;
(ii) Can ensure that the necessary systems are established or that the necessary action are taken to gather complete and accurate information for control mechanism requirements; and
(iii) Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
B. A general partner or proprietor if the industrial user submitting the report is a partnership or sole proprietorship, respectively.
C. A member or manager if the industrial user submitting the report is a limited liability company;
D. A duly authorized representative of the individual designated in paragraph (c)(1), (c)(2) or (c)(3) of this rule if:
(a) The authorization is made in writing by the individual described in paragraph (c)(1), (c)(2) or (c)(3) of this rule;
(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the control authority.
E. If an authorization under paragraph (c)(4) of this rule is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (c)(4) of this rule shall be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
(4) "Best Management Practices" 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 runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(5) "Biochemical Oxygen Demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in terms of concentration by weight per unit volume.
(6) "Bypass" means the intentional diversion of wastes from any portion of a treatment or pretreatment facility.
(7) "Categorical Industrial User" means an Industrial User subject to a categorical Pretreatment Standard or categorical Standard
(8) "Categorical pretreatment standard" means any standard, including national categorical pretreatment standards, specifying quantities of concentrations of pollutants or pollutant properties that may be discharged to a POTW by a new or existing industrial users in specific industrial categories.
(9) "CFR" means the Code of Federal Regulations.
(10) "City" as used in this chapter, means City.
(11) "Chemical Oxygen Demand or COD" means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water
(12) "Composite sample" means a sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample: composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of stream flow; or as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
(13) "Control Authority" means The City
(14) "Cooling water" means:
A. "Uncontaminated or noncontact cooling water" means water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectably higher than that of the intake water.
B. "Contaminated or contact cooling water" means water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.
(15) "Daily maximum" means the maximum allowable discharge of a pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(16) "Director" means the Superintendent of Public Service of this City, his/her duly authorized representative and/or the Franklin Regional Wastewater Treatment Corporation Administrator acting as agent of the City.
(17) "Domestic wastewater" means liquid wastes from the noncommercial preparation, cooking and handling of food or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.
(18) "EPA" means the United States Environmental Protection Agency.
(19) "Grab sample" means an individual sample collected in less than fifteen minutes, without regard for flow or time.
(20) "Indirect Discharge" means the introduction of pollutants into the POTW from any non-domestic source
(21) "Industrial user" means an institution, manufacturing, commercial or industrial facility or any other trade or business establishment discharging non-domestic wastewater to the Publicly Owned Treatment Works (POTW).
(22) "Industrial 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.
(23) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes use or disposal; or therefore 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) or of the prevention of sewage sludge use or disposal.
(24) "Local Limit" means specific discharge limits developed and enforced by the Control Authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(25) "mg/L" means milligrams per liter.
(26) "Mid-tier categorical user" is a significant industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N that the control authority may determine is subject to a reduction in the user's reporting requirement and the control authority's monitoring and inspection requirements, upon satisfaction of the conditions following:
A. The industrial user's total categorical wastewater flow does not exceed any of the following:
(a) 0.01 percent of the design dry weather hydraulic capacity of the POTW, or five thousand gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
(b) 0.01 percent of the design dry weather organic treatment capacity of the POTW; and
0.01 percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standards for which approved local limits were developed by the POTW;
B. The industrial user has not been in significant noncompliance, as defined in this ordinance, for any time in the past 2 years;
C. The industrial user does not have daily flow rates, production levels, or pollutant levels that vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period;
(27) "Monthly average" means the arithmetic mean of the values for effluent samples collected during a calendar month.
(28) "National Categorical Pretreatment Standard" means a categorical pretreatment standard promulgated by the administrator in accordance with section 307 of the Act and established under 40 CFR Chapter I, Subchapter N.
(29) "National Pollutant Discharge Elimination System" (NPDES) means the program for issuing, conditioning and denying permits for the discharge of pollutants from point sources.
(30) "National pretreatment standard" means the same as pretreatment standard.
(31) "NPDES permit" means a permit issued to a POTW pursuant to Section 402 of the Act.
(32) "New source" means any building, structure, facility or installation from which there is or may be a discharge of industrial wastewater, the construction of which began after the proposal of new source performance standards provided that one of three conditions is met, namely:
A. The construction occurs at a new site;
B. The construction on an existing site totally replaces the process or production equipment causing the discharge; or
C. The construction is sustantially independent of an existing source at the same site. New source dischargers are required to install and start-up technology prior to discharging to the POTW and to achieve compliance within the shortest time feasible not to exceed ninety-days after commencement of discharge.
(33) "Non-significant categorical industrial user" means an industrial user subject to 40 CFR chapter I, subchapter N that the control authority may determine is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user does not discharge more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater) and the following conditions are met:
(1) The industrial user has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) The user submits an annual certification statement required in paragraph (J) of OAC 3745-3-06 together with any additional information necessary to support the certification statement;
(3) The user never discharges any untreated concentrated wastewater
(34) "Ohio EPA or OEPA" means the State of Ohio Environmental Protection Agency
(35) "Person" means any individual, firm, company, partnership, corporation, association, group or society, and includes the State of Ohio, and agencies, districts, commissions and political subdivisions created by or pursuant to State law.
(36) "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).
(37) "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. It is used as an expression of the acid or basic condition of a liquid and is measured on a scale from zero to fourteen, where zero is most acid, fourteen most basic, and seven is neutral.
(38) "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 wastewater into the publicly owned treatment works (POTW).
(39) "Pretreatment requirement" means any substantive or procedural requirement related. to pretreatment other than a national pretreatment standard, including all applicable Federal, State and local laws, rules and regulations that are imposed on industrial users.
(40) "Pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to industrial users.
This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
(41) "Publicly Owned Treatment Works" (POTW) means a treatment works, which is owned by a State or City, and includes any devices and systems used in the storage, treatment, recycling and reclamation of City 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 City which has jurisdiction over the discharges to and the discharges to and the discharges from such a treatment works.
(42) "POTW Treatment Plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of City sewage and industrial waste.
(43) "Process wastewater" means the same as industrial wastewater.
(44) "Significant Industrial User" (SIU) means all industrial users:
A. Subject to categorical pretreatment standards: or
B. An industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential, in the opinion of the City, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement, except:
The City may, at any time, on its own initiative or in response to a petition received from an industrial user, determine that such user should not be considered a Significant Industrial User
(45) "Significant noncompliance" (SNC) means a significant industrial user is in significant noncompliance if violations meet one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC.
TRC = 1.4 for BOD, TSS, fats, oil and grease.
TRC = 1.2 for all other pollutants except for pH
C. Any other violation of a pretreatment standard or requirement as defined by OAC 3745-03-01 that the control authority determines has caused, alone or in conjunction with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
D. 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 emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
F. Failure to provide, within forty five (45) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations which may include a violation of Best Management Practices, that the City determines will adversely affect the operation or implementation of the local pretreatment program.
(46) "Slug load/Slug Discharge" means any discharge at a flow rate and/or pollutant concentration which could cause a violation of the prohibited discharge standards in Section 921.10 of this Ordinance. 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.
(47) "Standard" means the same as pretreatment standard.
(48) "Surcharge" means the assessment, in addition to other applicable charges, which is levied on those persons and/or industrial users whose wastewater is greater in strength than normal domestic sewage.
(49) "Suspended solids" means:
A. Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by laboratory filtering; or
B. The quantity of material removed from wastewater in a laboratory test as prescribed in 40 CFR Part 136.
(Ord. 16-12. Passed 5-16-16.)