1044.09 SEWER DISCHARGE REGULATIONS.
   (a)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Act.” The Clean Water Act.
      (2)   “Biochemical oxygen demand (BOD)” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees C, expressed in milligrams per liter.
      (3)   “Building drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from the soil, waste, and other drainage pipe inside the walls of the building and conveys it to the building sewer, which begins four feet outside the inner face of the building wall.
      (4)   “Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.
      (5)   “Chemical oxygen demand” (COD) shall mean the quantity of oxygen utilized in chemical oxidation of organ matter under standard laboratory procedures expressed in milligrams per liter.
      (6)   “Code.” The Ohio Administrative Code.
      (7)   “Combined sewer” shall mean a sewer intended to receive both wastewater and storm or surface water.
      (8)   “Combined sewage” shall mean BOD, suspended solids, ph, and fecal coliform bacteria plus additional pollutions identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutant, and in fact does remove such pollutants to a substantial degree. Example of such additional pollutants may include:
         A.   COD;
         B.   Total organic carbon:
         C.   Phosphorous and phosphorous compounds;
         D.   Nitrogen and nitrogen compounds;
         E.   Fats, oils and greases of animal or vegetable origins except as prohibited under Section 1044.10.
      (9)   “Commercial unit or class” shall mean building or part of a building used by one commercial, private or public enterprise for uses other than as a dwelling, but not classified as an institutional or industrial unit.
      (10)   “Cooling water” means the water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.
      (11)   “Debit Service Charge” shall mean the charge levied on users to make principal and interest payments and/or participation payment to OWDA required for the amortization of the cost of the wastewater collection and treatment facilities.
      (12)   “Discharge unit” shall mean any residence, commercial establishment, industry or private or public facility generating, accumulating and/or otherwise discharging liquid waste either directly or ultimately into any of the sewer systems of the Village of Greenwich.
      (13)   “Domestic sanitary wastewater” shall mean a wastewater discharge having the average characteristics equivalent to 200 mg/l BOD and 240 mg/l suspended solids concentrations.
      (14)   “Engineer” shall mean the Village Engineer as designated by the Village of Greenwich Council.
      (15)   “Federal Act” shall mean the Federal Water Pollution Control Act Amendments of 1972 and 1977, Public Law 92-500 and any amendments thereto; as well as any guidelines; limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
      (16)   “Floatable oil” is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
      (17)   “Garbage” shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
      (18)   “Incompatible sanitary pollutant” shall mean any pollutant which is not a compatible pollutant as defined in paragraph 6.
      (19)   “Industrial users or class” shall mean:
         A.   A nongovernmental, nonresidential user of public owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
            Division A. Agriculture, Forestry, and Fishing
            Division B. Mining
            Division C. Manufacturing
            Division D. Transportation, Communication, Electric, Gas and Sanitary Service
            Division I. Services
   B.   Industrial shall include manufacturing activities involving the mechanical or chemical transformation of materials or substance into other products. The activities occur in establishments usually described as plants, factories, or mills and characteristically use power driven machines and material handling equipment.
            1.   In determining the amount of a user's discharge, the grantee may exclude domestic waste of discharge from sanitary conveniences.
            2.   After applying the sanitary waste exclusion in subparagraph 1. above (if the Village chooses to do so), discharge in the above divisions that have a volume exceeding 25,000 GPD or the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered industrial users. Sanitary wastes, for purposes of this calculation of equivalency, are equal to definition as BOD5, less than or equal to 250 mg. per liter and suspended solids less than or equal to 250 mg per liter.
   C.   Any nongovernmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or interaction with other wastes, to contaminate the sludge of any municipal system, or to injure or to interfere with any sewage treatment process, or creates any hazard in or has an adverse effect on the water receiving any discharge from the treatment works.
         D.   All commercial users of an individual system constructed with grant assistance under Section 201 (h) of the Act and this subpart. See 35.918 (a) (3).
      (20)   “Industrial wastes” shall mean the wastewater from industrial processes, trade, or business as district from domestic or sanitary wastes.
      (21)   “Institutional unit or class” shall mean hospitals, nursing homes, schools, Village, County, State or Federal Building, government users, or facilities not engaged in profit oriented business that discharge wastewater into the public wastewater treatment system works facility.
      (22)   “Major contributing industry” shall mean an industrial user of the public treatment works that:
         A.   Has a flow of 50,000 gallons or more than average work day;
         B.   Has a flow greater than five percent of the flow carried by the municipal system receiving the waste;
         C.   Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307 (a) of the Federal Act; or
         D.   Is found by the permit issuance authority in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on either that works or upon the quality of effluent from that treatment works.
      (23)   “May” is permission; “shall” is mandatory.
      (24)   “Natural outlet” shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body or surface or ground water.
      (25)   “NPDES” permit shall mean the National Pollutant Discharge Elimination System permit.
      (26)   “Operation, Maintenance and Replacement Costs” shall mean all costs associated with the operation, maintenance and replacement of wastewater collection and treatment facilities as well as costs associated with periodic equipment replacement necessary for maintaining capacity and performance of the wastewater collection and treatment facilities.
      (27)   “POTW.” The publicly-owned treatment works owned by the Village.
      (28)   “Person” shall mean any individual, firm, company, association, society, corporation, or group.
      (29)   “ph” shall mean the reciprocal of logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a ph value of 7 and a hydrogen ion concentration of 10-.
      (30)   “Pollutant” shall mean dredged spoil, solid waste, incinerator residue, wastewater, garbage, waste water sludge, munitions, wrecked or discarded equipment, rock, sand cellar dirt, and industrial, municipal and agricultural waste discharged into water.
      (31)   “Pretreatment” shall mean the treatment of wastewater from sources before introduction into public utility.
      (32)   “Properly shredded garbage” shall mean the waste from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will carried freely under the flow conditions normally prevailing in a public sewers, with no particle greater than one-half inch (.127 centimeters) in any dimension.
      (33)   “Public sewer” shall mean a common sewer controlled by a government agency or public utility.
      (34)   “Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “operation and maintenance” includes replacement.
      (35)   “Residential unit or class” shall mean a principal family residence or habitation classified as a single family, multi-family or apartment dwelling, which discharges domestic sanitary wastewater into any of the sewer treatment systems, works and facility.
      (36)   “Sanitary sewer” shall mean a sewer that carries liquid and water carried wastes from the residences, commercial buildings industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
      (37)   “Sewer service charge” shall mean the charge levied on users for capital cost amortization (debt service charges) and for operation, maintenance and replacement costs (user charges). Such sewer service charge includes debt service charges and user charges.
      (38)   “Slug” shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
      (39)   “Storm drain” (sometime termed “storm sewer”) shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
      (40)   “Storm water” means any flow occurring during or immediately following any form of natural precipitation and resulting there from. Water originating from precipitation which is captured in roof drains and down sprouts, footer and foundation tiles, ground drainage tiles and catch basins and which does not undergo any use contamination prior to disposal.
      (41)   “Superintendent” shall mean the Village Administrator of the Village of Greenwich or such other person as may be appointed by Council, or his authorized representative.
      (42)   “Suspended solids” shall mean total suspended matter that either floats on the surface of, or is suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering, as prescribed in "Standard Methods for Examination of Water and Wastewater" and referred to as non-filterable residue.
      (43)   “Tap charge” means the charge levied by the Village on new users connecting to the Village sanitary sewer system, which is charged to maintain equitable capital recovery amounts for use of the sewer system by new connections.
      (44)   “Toxic pollutants” shall include but not necessarily be limited to aldrin-dieldrin, benzidine, caldmium, cyanide, DDT-endrin, mercury, polychlorinated biphenysis (PCB's) and toxaphene. Pollutants included as “toxic” shall be those promulgated as such by the United States Environmental Protection Agency.
      (45)   “User charge” is the charge levied on the users of the treatment works for the cost of operation, maintenance and replacement of such works, pursuant to Section 204 (b) of Title II of the Federal Water Pollution Control Act of 1972 (Public Law 9500) and amendments thereto.
      (46)   “Unpolluted water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
      (47)   “Village Administrator.” The designated individual representing the Village.
      (48)   “Wastewater” (Sanitary water) shall mean the spent water of a community. From the standpoint of source, it 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.
      (49)   “Wastewater facilities” shall mean the structure, equipment and process required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
      (50)   “Wastewater treatment works” shall mean an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used synonymous with “waste treatment plant” or “wastewater treatment plant” or “water pollutant control plant.”
   (b)   General Discharge Prohibitions.
      (1)   The POTW shall operate pursuant to legal authority enforceable in federal, state or local courts, which authorizes or enables the POTW to enforce the requirements of Sections 307(b) and (c) and 402(b)(8) of the Act and any regulation implementing those sections. Such authority may be contained in the statute, ordinance, or series of contracts or joint powers agreements, which the POTW is authorized to enact, enter into, or implement, and which are authorized by state law. At a minimum, this legal authority shall enable the POTW to:
         A.   Deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.
         B.   Require compliance with applicable pretreatment standards and requirements by industrial users.
         C.   Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by industrial users. Representatives of the POTW shall be authorized to enter any premises of any industrial user in which a discharge source or treatment system is located or in which records are required to be kept under paragraph (A)(2) of rule 3745-3-06 of the Administrative Code to assure compliance with pretreatment standards. Such authority shall be at least as extensive as authority provided under Section 308 of the Act.
         D.   Obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement. All POTWs shall be able to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements. All POTWs shall also have authority to seek or assess civil or criminal penalties in at least the amount of one thousand dollars ($1,000.00) per day for each violation by industrial users of pretreatment standards and requirements.
      (2)   Providing, however, no person, firm or corporation shall contribute, discharge or cause to be discharged, directly or indirectly, any of the following described substances into the Village’s sewage disposal system:
         A.   Pollutants introduced into POTWs by an industrial user shall not pass through the POTW or interfere with the operation or performance of the POTW. These general prohibitions and the specific prohibitions in division (b)(2) of this section apply to all sources of indirect discharge whether or not the source is subject to other national, state, or local pretreatment standards or requirements.
         B.   The following described substances shall not be introduced into a POTW:
            1.   Pollutants which create a fire or explosion hazard in the POTW including, not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the test methods specified in 40 C.F.R. 261.21;
            2.   Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the POTW is specifically designed to accommodate such discharges;
            3.   Solid or viscous pollutants in amounts which will cause obstruction to the flow in sewers, or other interference with the operation of the POTW;
            4.   Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate and/or pollutant concentration as to cause interference in the POTW;
            5.   Heat in amounts that will inhibit biological activity in the POTW treatment plant resulting in interference or causing damage, but in no case heat in such quantities that the temperature exceeds 40 degrees Celsius (104 degrees Fahrenheit) at the POTW treatment plant unless the Village Administrator, upon request of the POTW, approves an alternate temperature limit;
            6.   Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;
            7.   Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
            8.   Any trucked or hauled pollutants, except at discharge points designated by the POTW;
            9.   Any clean water connections (i.e. downspouts, foundation drains, sump pumps, etc.); and
            10.   Any batch discharge facility shall not discharge during heavy rain events when there are sewer overflows occurring.
   (c)   Usage Measurement Methods.
      (1)   For any lot, parcel of land, building or premises having or being served by any connection to the Village’s sanitary sewerage system, intercepting sewers and sewage treatment or disposal plant or part thereof, or otherwise discharging sanitary sewage industrial wastes, water or other liquid, either directly or indirectly into the Village’s sanitary sewerage system, the charge or rental shall be based upon the quantity of water used as measured by the Village water meter therein in use, and the quantity of water used and waste discharged as determined by the Village’s sewer rate ordinance and the whole reduced by any deductions as determined by the Village’s sewer rate ordinance.
      (2)   On premises using water, either all or in part, from sources other than the waterworks system of the Village and not measured by the Village water meter or other meter acceptable to the Village Administrator, the quantity of water consumed shall be measured by a meter installed and maintained for such purpose at the expense of the owner or other interested party and acceptable to the Village Administrator; or the owner or other interested party may, at his or her option, request the Village Administrator to determine the amount of water consumed on the premises in accordance with accepted engineering practices, and the quantity of water consumed on the premises shall be the amount so measured by such meter or so determined by the Village Administrator.
      (3)   In the event the Village Administrator is satisfied that a portion of the water from any source consumed upon any premises does not and cannot enter the system, then in such case the owner or other interested party may, at his or her expense, install and maintain such separate metering devices, or provide such data in conformity with accepted engineering practices, as shall demonstrate to the satisfaction of the Village Administrator, that portion of the water so consumed which is discharged into the system, and such portion shall be the basis for measuring the sewer charge under the Village’s sewer rate ordinance, if applicable.
(Ord. 973. Passed 5-17-05; Ord. 2009-07. Passed 8-18-09.)