935.01 DEFINITIONS.
   For the purpose of this chapter, the following terms are defined as follows:
   (1)   "The Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the Federal Water Pollution Control Act Amendments of 1972 (PL 92-500) and subsequent amendments.
   (2)   "Administrator" means the Administrator of the USEPA.
   (3)   "Regional Administrator" means one of the USEPA Regional Administrator.
   (4)   "National Pollutant Discharge Elimination System (NPDES)" means the national system for the issuance of permits under Section 402 of the Act and includes any State or interstate program which has been approved by the Administrator, in whole or in part, pursuant to Section 402 of the Act.
   (5)   "OWDA" means the Ohio Water Development Authority.
   (6)   "Federal grant" means seventy-five percent of the eligible costs of construction of the treatment works approved by the Regional Administrator in the grant agreement pursuant to Section 201(g) of the Act.
   (7)    "Grantee" or "City" means the City of Hamilton, Ohio, a municipal corporation, which has been awarded a federal grant for construction of the additional treatment facilities pursuant to Section 201(g) of the Act.
   (8)    "Eligible costs" means those allowable costs which are within the scope of the project and authorized for USEPA participation.
   (9)    "Additional facility" means the additional secondary wastewater treatment, sludge handling and disposal facilities necessary to provide secondary treatment to the City and Champion International Corporation's wastewater.
   (10)    "Joint treatment works" means publicly owned treatment works for both nonindustrial and industrial wastewater.
   (11)    "BOD" means the biochemical oxygen demand of organic matter in wastewater in a five day period at a temperature of 20°C.
   (12)    "SS" means suspended solids that either float on the surface of or are in suspension in wastewater and are largely removable by laboratory filtering.
   (13)    "TKN" means total Kjeldahl Nitrogen in the wastewater which is the sum of organic nitrogen and ammonia nitrogen.
   (14)    "P" means total phosphorus in the wastewater.
   (15)    "Compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works are designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such additional pollutants may include chemical oxygen demand, phosphorus and phosphorus compounds, nitrogen and nitrogenous compounds, fats, oils and greases of animal or vegetable origin except solids or viscous wastes in amounts which would cause obstruction to the flow in sewers, or other interference with the proper operation of the publicly owned treatment works.
   (16)    "Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined above.
   (17)    "Sanitary sewage" means the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, basement drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains and all other water-carried wastes except industrial wastes, cooling water and air conditioning wastewater.
   (18)    "Industrial wastes" means the liquid wastes from industrial processes, as distinct from domestic or sanitary wastes. Such "industrial wastes" include any discharge from one defined under "industrial user."
   (19)    "Pretreatment" means treatment of wastewaters to remove incompatible pollutants from industrial sources before introduction into the joint treatment works.
   (20)    "User class" means a specific class of users upon which a specific set of user charges may be applied. Two different categories of "user classes" are applicable within the City.
      (a)    Residential, commercial, institutional, governmental and industrial users as a separate class, except significant industrial users;
      (b)    Significant industrial users as a separate contract class.
   (21)   "Industrial user", as defined in the USEPA Rules and Regulations 40 CFR 35.905- 8, means any nongovernmental user of publicly owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under the following divisions:
      (a)   Division A. Agriculture, Forestry and Fishing;
      (b)   Division B. Mining;
      (c)   Division D. Manufacturing;
      (d)   Division E. Transportation, Communications, Electric, Gas and
       Sanitary Services;
      (e)   Division I. Services.
      A user in the Divisions listed above may be excluded if it is determined that the user will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
   (22)   "Nonindustrial user" means any user other than that defined under "industrial user". Such nonindustrial users may include residential, commercial, institutional and governmental users.
      (Ord. 84-2-23. Passed 2-29-84.)
   (23)   "Significant industrial user" means:
      A.   All dischargers subject to categorical pretreatment standards; and
      B.   All non-categorical dischargers that, in the opinion of the control authority, have a reasonable potential to adversely affect the POTW's operation, or that contribute 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 that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW.
         (Ord. 96-2-11. Passed 2-14-96.)
   (24)   "Major contributing industry" is an industrial user of the publicly owned treatment works that:
      (a)   Has a flow of 50,000 gallons or more per average work day;
      (b)   Has a flow greater than five percent of the flow carried by the Municipal systems 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 Act;
      (d)   Is found by the permit issuance authority, in connection with the issuance of a NPDES permit to the publicly owned treatment works receiving the waste, to have significant impact, either singularly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.
   (25)   "USEPA" means the United States Environmental Protection Agency.
   (26)   "New industrial user" is one which connects to a treatment works after such works has been put into service or after July 1, 1977, according to Cooperative Agreement with OWDA.
   (27)   "Residential user" is one of a private dwelling unit whether it is an individual house, condominium or apartment unit and which should discharge only sanitary type of sewage.
   (28)   "Commercial user" is one of commercial establishment as determined by the City. Such commercial user shall discharge only sanitary type of sewage.
   (29)   "Institutional user" is one of public or private organization having a social, educational or religious purpose, such as a school, library, church, hospital, reformatory, prison, etc., and which shall discharge only the sanitary type of sewage.
   (30)    "Governmental user" is one of a Federal, State or local government or agency, including military installations, and which shall discharge only the sanitary type of sewage.
   (31)    "Operation and maintenance costs" means the costs for operating and maintaining the proper operation of the treatment works, including operating labor, administrative overhead, maintenance, utilities, chemicals, materials and supplies, replacement and sludge handling and disposal.
   (32)    "Replacement" means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works for which such works were designed and constructed.
   (33)    "User charge" (UC) means a charge levied on users of treatment works for the costs of operation, maintenance and replacement of such works.
   (34)    "Debt service charge" (DSC) means a charge levied on users of treatment works for payment of existing and new debt services which are used to defray the nonfederal grant portion of the capital costs for construction of such treatment works.
   (35)    "Service charge" (SC) means the "user charge" (UC) plus the "debt service charge" (DSC).
   (36)    "Basic billing charge" means a monthly charge based on the number of a user's accounts within the Sewer Rental Fund. Such charge is necessary to maintain the proper computerized commercial operation of the sewer rental accounts.
   (37)    "Total service charge" (TSC) means the sum of user charge (UC), debt service charge (DSC) and basic billing charge.
   (38)    "Extra Strength Waste Surcharge" means the extra charge in addition to the service charge based on measured volume of flow, which is levied on those users whose wastes are greater in strength than the concentration values established in Section 935.02(e)(1).
   (39)    "Industrial cost recovery" (ICR) means recovery by the grantee, from the industrial users of a treatment works, of the grant amount allocated to the treatment of waste from such users pursuant to Section 204(b) of the Act; provided, however, there shall be no industrial cost recovery from any industrial user with a total flow into such treatment works per day equivalent to 25,000 gallons or less per day of sanitary waste, if such industrial user does not introduce into such treatment works any pollutant which is toxic or which interferes or is incompatible with, or contaminates or reduces the utility of the sludge of such works.
   (40)    "Wastewater treatment package plant" means any wastewater treatment plant which services a sanitary sewer system that is not connected to the central wastewater treatment plant operated by the City.
   (41)    "Total service surcharge" means a charge in addition to the total service charge (TSC) as determined in Section 935.02 (e) (1).
      (Ord.84-2-23. Passed 2-29-84.)