For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or person requires a different meaning.
ACT. The Clean Water Act (33 U.S.C.1251 et seq.), as amended.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard, federal or local, contained in this subchapter deemed to be the most restrictive with which nondomestic users will be required to comply.
APPROVAL AUTHORITY. The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program or the state or local governmental entity enacting and enforcing this subchapter, whichever is applicable.
AUTHORITY. City of Harrison, Ohio.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE DISCHARGER
(1) If the discharger 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 operating facilities, provided the manager 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, initiates and directs other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the discharger is a partnership or sole proprietorship; a general partner or proprietor, respectively.
(3) If the discharger is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in paragraphs (1) through (3) above, may designate a Duly Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the authority.
AVERAGE MONTHLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
AVERAGE WEEKLY DISCHARGE LIMITATION. The highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges, measured during a calendar week divided by the number of daily discharges measured during that week.
BENEFICIAL USES. These uses include, but are not limited to, domestic, municipal, agricultural, and industrial use; power generation; recreation; aesthetic enjoyment; navigation; the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves; and other uses, both tangible or intangible, as specified by state or federal law.
BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 935.23 REGULATIONS (a) General Discharge Prohibitions. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or laks, sludge or waste disposal, or drainage from raw materials storage.
BOD (biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard lab ora tory procedure, in five days at 20°C., expressed in parts per million by weight.
CATEGORICAL PRETREATMENT STANDARDS. National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a P01W by specific industrial dischargers, in accordance with § 307 (b) and (c) of the Act. (33 USC 1347)
COMPOSITE SAMPLE. A composite sample should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
DAILY DISCHARGE. Discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.
DIRECTOR OF PUBLIC WORKS. That person appointed pursuant to§ 5.14 of the Charter of the City of Harrison, Ohio.
DISCHARGER or INDUSTRIAL DISCHARGER. Any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto.
EASEMENT. An acquired legal right of the specific use of land owned by others.
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the agency.
GARBAGE. Any solid wastes from the preparation, cooking, or dispensing of food and from handling, storage, or sale of produce.
GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than 1/2 -inch in dimension.
GRAB SAMPLE. A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from a source regulated under Section 307 (b) or (c) of the Act, into a POTW.
INDUSTRIAL USER. Any industrial or commercial establishment manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works.
INDUSTRIAL WASTE. Solid, liquid, or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery, or processing of natural resources.
INFLUENT. The water, together with any waste that may be present, flowing into a drain, sewer, receptacle, or outlet.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 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 violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent local regulations); section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substance Control Act.
MAJOR CONTRIBUTOR. A contributor that:
(1) Has a flow of more than 25,000 gallons per day of process wastewater or greater than 5% of the average dry weather organic capacity of the receiving system;
(2) Has been classified as a categorical industrial user under the Categorical Pretreatment Standards;
(3) Has in its wastes a toxic pollutant or pollutants in character or amounts as defined pursuant to section 307 of the Federal Act or state statutes and rules or
(4) Is found by the city, state or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
MAXIMUM DAlLY DISCHARGE LIMITATIONS. Highest allowable daily discharge.
MINOR USER. Any industrial or commercial establishment, including restaurants and filling stations, the discharges wastes containing oil and/or grease, to a publicly owned treatment works.
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. This source may be at a new site, total replacement of a previous process or production equipment at an existing source, or new wastewater generation processes independent of an existing source at the same site.
NORMAL SEWAGE. Sewage which when analyzed shows by weight a daily average of not more than 300 parts per million of suspended solids, and not more than 250 parts per million of BODs, and not more than 20 parts per million of NH3.
NPDES. National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or state.
NPDES PERMIT. National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
OTHER WASTES. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.
PASS THROUGH. A discharge which exits the POTW into waters of the state 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).
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal, or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Ohio, the United States of America, or other legal entity, or their legal representative, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
POLLUTANT. Any toxic substance discharged into a POTW or its collection system or any substance designated by the authority as a pollutant pursuant to Section 935.26(a) or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations, or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act. (1993 Code 52.46)
POLLUTANT PARAMETERS. The following is a list of pollutant parameters which also includes any other pollutant parameter deemed appropriate.
(1) AMMONIA A pungent colorless gaseous alkaline compound of nitrogen and hydrogen, NH3, that is soluble in water.
(2) BIOLOGICAL OXYGEN DEMAND (BOD) (of sewage, sewage effluent, polluted waters, or industrial wastes). The quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 20°C.
The laboratory determinations shall be made in accordance with procedures set forth in "Standard Methods."
(3) CHEMICAL OXYGEN DEMAND (COD) (of sewage, sewage effluent, polluted waters, or industrial wastes). A measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in "Standard Methods."
(4) FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
(5) FLOATABLE OIL. Oil, fat, or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(6) GREASE AND OIL. A group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils, or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with "Standard Methods."
(7) GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances that are water-insoluble organic compounds such as are discharged by meatpacking, vegetable oil, and fat industries, food processors, canneries, and restaurants.
(8) GREASE AND OIL OF MINERAL ORIGIN. Substances that are less readily biodegradable than grease and oil of animal or vegetable origin, and are derived from a petroleum source. The substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes, and storage depot wastes.
(9) pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
(10) SUSPENDED SOLIDS. Solids which either float on the surface of or are in suspension in water, sewage, or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in "Standard Methods."
(11) TOTAL SOLIDS. The sum of suspended and dissolved solids.
(12) VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550°C. for 15 to 20 minutes.
POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which unreasonably affects the waters for beneficial uses or facilities which serve such beneficial uses. The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW. Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the authority.
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 the pollutants into a POTW.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product, except noncontact cooling water and sanitary wastewater.
RECEIVING STREAM. The watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
SEWAGE. Water-carried human wastes or a combination of water-carried wastes from residence, business buildings, institutions, and industrial establishments, together with such ground, surface, storm, or other waters as may be present.
SEWER. Any pipe, conduit, ditch, or other device used to collect and transport sewage or storm water from the generating source.
SIGNIFICANT INDUSTRIAL USER (SIU),
A Significant Industrial User is:
(1) An Industrial user subject to categorical Pretreatment Standards; or
(2) An Industrial user that:
(a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
(b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or Requirement.
SIGNIFICANT NON-COMPLIANCE. Any significant industrial user that violates any of the following criteria or any other industrial discharger that violates paragraphs (3), (4) or (8):
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) months period exceed (by any magnitude) a numeric pretreatment standards or requirement, including instantaneous limits as defined in this chapter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by this chapter that the authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the authority's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of best management practices, which the authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act PL 94-580.
SLUG LOAD OR SLUG DISCHARGE. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in 935.23 REGULATIONS. 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.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the "Standard Industrial Classification" manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater," prepared and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering.
TOXIC AMOUNT. Concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to Section 307 (a) of PL 92-500.
TOXIC POLLUTANT. Those substances referred to in Section 307 (a) of the Act as well as any other known potential substances capable of producing toxic affects.
UNPOLLUTED WATER. 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 benefitted by discharge to sanitary sewers and wastewater treatment facilities provided.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the pollution standards set forth herein due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
USER. Any person that discharges, causes, or permits the discharge of wastewater into the sewerage system.
WASTEWATER. Industrial waste, sewage, or any other waste including that which may be combined with any ground water, surface water, or storm water, that may be discharged to the POTW.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological, and radiological parameters, including volume, flow rate, and such other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 7-19. Passed 2-19-19.)