CHAPTER 933 Sewer Use and Industrial Pretreatment

(1) This chapter sets forth uniform rules and regulations for Users of the Publicly Owned Treatment Works (POTW) of the Village of Hebron, Licking County, Ohio. It enables the Village to comply with all applicable State and Federal laws and regulations including the Clean Water Act and the General Pretreatment Regulations of 40 CFR, Part 403. The objectives of this chapter are:

A. To prevent the introduction of pollutants into the Hebron POTW which will interfere with the operation or performance of the system or contaminate the resulting sludge;

B. To prevent the introduction of pollutants into the Hebron POTW which will pass through the system, inadequately treated, into receiving waters or the atmosphere; and;

C. To improve the opportunity to recycle and reclaim wastewaters and sludges from the treatment works.

(2) This chapter shall apply to all Users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires User reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(3) This chapter shall apply to the Village of Hebron and to persons or entities outside the Village who are, by permit, contract or agreement with the Village, users of the Hebron POTW. Except as otherwise provided herein, the Pretreatment Coordinator and Enforcement Board of the Village shall administer, implement, and enforce the provisions of this ordinance.

(b) Administration.

(1) Except as otherwise provided herein, the Village Administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Village Administrator may be delegated by the Village Administrator to the Superintendent, Pretreatment Coordinator or other duly authorized Village employee.

(c) Abbreviations. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

BMP	-	Best Management Practices	POTW	-	Publicly Owned Treatment Works
BMR	-	Baseline Monitoring Report	MBAS	-	Methylene Blue Active Substances
BOD	-	Biochemical Oxygen Demand	NSCIU	-	Non-Significant Categorical Industrial User
C	-	Degrees Centigrade	P	-	Phosphorus
CBOD	-	Carbonaceous Biochemical Oxygen Demand	PSES	-	Pretreatment Standards Existing Source
CFR	-	Code of Federal Regulations	PSNS	-	Pretreatment Standards New Source
CIU	-	Categorical Industrial User	LEL	-	Lower Explosive Level
COD	-	Chemical Oxygen Demand	AO	-	Administrative Order
CWA	-	Clean Water Act	RCRA	-	Resource Conservation and Recovery Act
CU	-	Commercial User	SIC	-	Standard Industrial Classification
EPA	-	Environmental Protection Agency	SIU	-	Significant Industrial User
ERP	-	Enforcement Response Plan	SNC	-	Significant Non-Compliance
F	-	Fahrenheit	S.U.	-	Standard Units
gpd	-	gallons per day	SWDA	-	Solid Waste Disposal Act, 42 USC 6901, et seq.
IDP	-	Indirect Discharge Permit	TKN	-	Total Kjeldahl Nitrogen
IIU	-	Insignificant Industrial User	TSS	-	Total Suspended Solids
IU	-	Industrial User	USC	-	United States Code

IUP	-	Industrial User Permit	USEPA	-	United States Environmental Protection Agency
I	-	Liter(s)	WRF	-	Water Reclamation Facility
mg	-	Miligram(s)	WWTP	-	Wastewater Treatment Plant
mg/l	-	Milligrams per liter (parts per million)	µ	-	Micograms
MIU	-	Minor Industrial User	µg/l	-	Micrograms per liter
NPDES	-	National Pollutant Discharge Elimination System
OAC	-	Ohio Administrative Code
OEPA	-	Ohio Environmental Protection Agency
ORC	-	Ohio Revised Code

(d) Definitions.

(1) "Act (the Act)" means the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) 33 U.S.C. 1251 et seq. as amended through July 1, 2006.

(2) "Accidental discharge" means any discharge of pollutants which occurs on a one-time basis, generally as the result of abnormal conditions or a spill. Accidental discharges may also constitute slug loads as defined below.

(3) "Approval authority" means the Director of the Ohio EPA provided that Ohio is an NPDES state with an approved State Pretreatment Program, otherwise the Administrator of the USEPA.

(4) "Authorized or Duly Authorized representative of a user" means an authorized representative of a user as follows:

A. If the User is a corporation:

1. 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

2. 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, and initiate and direct 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.

B. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.

C. If the User 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.

D. The individuals described in paragraphs A. through C., 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 Village.

(5) "Batch discharge" means any discharge from an industrial process which occurs on an intermittent basis and which is not an accidental discharge or a slug load. Batch discharge includes, but is not limited to, tank dumps, tank cleaning solutions and rinses, boiler or cooling tower blowdown, regeneration solutions from water treatment systems, and discharges as a result of equipment maintenance.

(6) "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in this document. BMPs 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.

(7) "Biochemical oxygen demand (BOD)" means the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedures, in five days at 20 degrees C, expressed as milligrams per liter (mg/l).

(8) "Building sewer" means a sewer conveying wastewater from the premises of a user to the public sewer. Similar terms are building service, building lateral, service lateral, and sewer lateral.

(9) "Bypass" means either of the following:

A. The intentional diversion of wastes from any portion of a user's facility or treatment facility directly to Waters of the State or;

B. The intentional diversion of wastes around an Industrial User's pretreatment facilities thereby discharging directly into the POTW sanitary sewer.

(10) "Carbonaceous Biochemical Oxygen Demand (CBOD5)" means the quantity of oxygen utilized in the biochemical oxidation of carbonaceous organic matter under standard laboratory procedures for five days at 20 degrees centigrade.

(11) “Categorical Industrial User" means an Industrial User subject to a categorical Pretreatment Standard or categorical Standard.

(12) "Categorical pretreatment standard (categorical standard)" means any regulation promulgated by USEPA in accordance with Section 307 (B) and (C) of the Act and OAC Chapter 3745 which applies to specific industrial categories, and which specifies or limits quantities or concentrations or pollutants or pollutant properties which may be discharged or introduced to the POTW by specific industrial users.

(13) "Chemical oxygen demand (COD)" means the oxygen equivalent of the organic matter in a sample susceptible to oxidation by a strong chemical oxidant under standard laboratory procedures expressed in milligrams per liter (mg/l).

(14) "Clean wastewater (unpolluted wastewater)" means liquid wastes which meet the criteria established by Ohio EPA for effluents discharged to waters of the State.

(15) "Combined sewer" means a sewer receiving and carrying a combination of sanitary sewage and surface or storm water, with or without industrial wastes.

(16) "Compliance Schedule" is the schedule of enforcements created by an Industrial User at the request of the Pretreatment Coordinator in the interest of bringing that Industrial User back into compliance with the ordinance. For a more detailed explanation see Section 933.06.

(17) "Composite Sample" means a sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample shall be composited either as a flow proportional composite sample collected 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.

(18) "Condensate" means water discharged from any system of condensation such as air conditioning, air handling, cooling or refrigeration, compressed air systems, or other sources. It shall be free from odor and oil, and shall contain no polluting substances. Condensates containing oil will be treated as process wastewater.

(19) "Control authority" means the Administration for the Village's approved pretreatment program under the provisions of 40 CFR, Part 403.11.

(20) "Control mechanism" means an individual or general permit, order, or similar means used to control an industrial user's contribution to a POTW to ensure compliance with applicable pretreatment standards and requirements. Control mechanism is also synonymous with Indirect Discharge Permit and/or Industrial User Permit.

(21) “Cooling Water" means water used for cooling purposes only which may become contaminated either through direct contact with process materials and/or wastewater or through the use of water treatment chemicals used for corrosion inhibitors or biocides. Due to the evaporation process, direct contact, and chemical addition, contaminant levels in cooling water are usually higher than that of the intake water. Cooling water shall be considered process wastewater if it is discharged to the sanitary sewer system. (See also "Non-Contact Cooling Water")

(22) "Coordinator" - See Pretreatment Coordinator.

(23) "Daily Maximum Limit" means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits 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 calendar day.

(24) "Direct discharge" means the discharge of treated or untreated wastewater directly to Waters of the State.

(25) "Director" means the director of the Ohio environmental protection agency or the director's duly authorized representative.

(26) "Enforcement Board" consisting of the Pretreatment Coordinator, Superintendent, and Village Administrator who together or individually will enforce this Ordinance.

(27) "Enforcement Response Plan (ERP)" is a separate document that outlines the enforcement policies of the pretreatment program for users and steps to comply with local limits or other requirements of this ordinance.

(28) "Excess Strength" means wastes that are higher in pollutant concentration than typical domestic strength sewage.

(29) "Existing Source" - Any source of discharge that is not a "New Source".

(30) "Garbage" means solid waste emanating from the preparation, cooking and dispensing of food, and from the handling, storage, and sale of food products.

(31) "Grab sample" means a sample 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.

(32) "Holding tank waste" means any waste from holding tanks or chambers used in connection with vessels, chemical toilets, campers, trailers, or other isolated facilities from which sanitary waste emanate, and sanitary wastes from septic tanks and any waste contained in or picked up by vacuum-pump tank trucks.

(33) "Indirect discharge" means the introduction of wastewater or other pollutants into a POTW from any nondomestic source regulated under section 307(b), (c) or (d) of the Act.

(34) "Industrial User (IU)" means any user who discharges, or has the potential to discharge to the treatment works any liquid wastes resulting from processes employed in industry or manufacturing, or from development or benefication of any natural resource and for the purpose of this ordinance shall also include certain commercial users if necessary. The Village classifies all users of the Program into one of the following categories:

A. Categorical Industrial User (CIU).

1. Is subject to categorical pretreatment standards, including zero discharges

2. Generally has discharges over 25,000 gpd of wastewater

3. Contributes a "process" wastewater which makes up five percent (5%) or more of the average dry weather hydraulic or pollutant capacity of the wastewater plant

4. Has a discharge which in the judgment of the Coordinator has a reasonable potential to adversely affect or to cause pass through and/or interference to the POTW

5. Has a discharge to the POTW which has caused or has the potential to cause any violation of the terms and conditions of any permit under which the POTW is operating, including plan approvals

6. Has a discharge which has the potential to violate any pretreatment standard or requirement

B. Significant Industrial User (SIU).

1. Generally has discharges over 25,000 gpd of wastewater

2. Contributes a "process" wastewater which makes up five percent (5%) or more of the average dry weather hydraulic or pollutant capacity of the wastewater plant

3. Has a discharge which in the judgment of the Coordinator has a reasonable potential to adversely affect or to cause pass through and/or interference to the POTW

4. Has a discharge to the POTW which has caused or has the potential to cause any violation of the terms and conditions of any permit under which the POTW is operating, including plan approvals

5. Has a discharge which has the potential to violate any pretreatment standard or requirement

C. Minor Industrial User (MIU).

1. Not subject to Categorical Standards

2. Generally has discharges under 25,000 gpd of wastewater

3. Has a discharge which in the judgment of the Coordinator has little potential to affect the POTW

4. Could have a significant impact on the POTW system if a spill or any breakdown in its pretreatment process occurs

D. Insignificant Industrial User (IIU).

1. Not subject to Categorical Standards

2. Generally has discharges under 10000 gpd

3. Does not discharge any non-domestic wastewater to the POTW

E. Commercial User (CU).

1. Not subject to Categorical Standards

2. Generally has discharges over 10000 gpd

3. Discharges or has potential to discharge other than domestic

The Coordinator may at any time change the classification of an Industrial User based on its ability to comply with the regulations set forth in this ordinance. All categories require a wastewater discharge permit.

(35) "Industrial wastes" means the solid, liquid, or gaseous waste resulting from any industrial processes, manufacturing, trade, or business process; or from the development, recovery, or processing of natural resources, as distinct from domestic or sanitary wastes.

(36) "Instantaneous Limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any grab, discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

(37) "Interference" means a discharge, that alone or in conjunction with a discharge or discharges from other sources, both:

A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

B. 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 limit regulations):

1. Section 405 of the Act;

2. The Solid Waste Disposal Act (SWDA) 42 U.S.C. 6901 et seq. as amended through July 1, 2006 (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);

3. The standards for the use and disposal of sewage sludge (40 C.F.R. 503);

4. The Clean Air Act (CAA) 42 U.S.C. 7401 et seq. as amended through July 1, 2006; and

5. The Toxic Substances Control Act (TSCA) 15 U.S.C. 2601 et seq. as amended through July 1, 2006.

(38) "Local Limits" are maximum concentrations of designated pollutants that an Industrial User may discharge to the POTW without violating its Indirect Discharge Permit or the regulations of this ordinance.

(39) "May" is permissive. "Shall" is mandatory.

(40) "Monthly Average" means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges"measured during that month.

(41) "Monthly Average Limit" means 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.

(42) "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 C.F.R. chapter I, subchapter N.

(43) "National pretreatment standard (pretreatment standard)" means any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307 (B) and (C) of the Act (33 USC 1347 and OAC Chapter 3745) including the prohibitive discharge limits established herein.

(44) "National prohibited discharge standard (prohibited discharge standard)" means any regulation developed under the authority of Section 307 (B) of the Act.

(45) "New source" means:

A. 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 that will be applicable to such source if such standards are thereafter promulgated in accordance with that section provided that:

1. The building, structure, facility or installation is constructed at a site at which no other source is located; or

2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

3. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraph (O)(1)(b) or (O)(1)(c) of this rule, but otherwise alters, replaces, or adds to existing process or production equipment.

C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

1. Begun, or caused to begin as part of a continuous onsite construction program:

a. Any placement, assembly, or installation of facilities or equipment; or

b. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. Entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

(46) "New user" means any user whose discharge commences after the effective date of this chapter provided that construction also commences after the effective date of this chapter.

(47) "Non-Contact Cooling Water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product and which does not contain a level of contaminants detectably higher than that of the intake water. Due to the addition of water treatment chemicals such as corrosion inhibitors and biocides, or due to the evaporation process, contaminant levels in non-contact cooling water are usually higher than that of the intake water. (See also "Cooling Water")

(48) "Non-significant categorical industrial user" is an industrial user subject to 40 C.F.R. 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 one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the categorical pretreatment standard) and the conditions in the following paragraphs are met:

A. The industrial user, prior to the control authority's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

B. The industrial user annually submits the certification statement required in paragraph (J) of rule 3745-3-06 of the OAC together with any additional information necessary to support the certification statement;

C. The industrial user never discharges any untreated concentrated wastewater; and

D. The industrial user is not located upstream of a combined sewer overflow or a sanitary sewer overflow, unless the following conditions are met:

1. The industrial user does not discharge wastewater regulated by categorical pretreatment standards at any time; or

2. The industrial user has not been in significant noncompliance, as defined in paragraph (C)(2)(h) of rule 3745-3-03 of the OAC, for any time in the past two years; and

3. The procedures for the categorization of such a user as a non-significant categorical industrial user and issues related to combined sewer overflows or sanitary sewer overflows are specifically addressed in:

a. The control authority's approved long term control plan;

b. The control authority's approved combined sewer system operation plan implementing the nine minimum controls; or

c. The control authority's program modification request submitted to the director.

(49) "NPDES permit" means national pollutant discharge elimination system permit issued by the Director under the requirements of section 402 of the Act, Chapter 6111 of the ORC, and Chapter 3745-33 of the OAC.

(50) "Ohio EPA" means the Ohio Environmental Protection Agency, or where appropriate, a designation for the Director or other fully authorized official of that agency.

(51) "Operation and maintenance (O&M)" means those functions that result in expenditures during the useful life of the POTW for materials, labor, utilities, and other items, including periodic equipment replacement, which are necessary for managing and for which such works are designed and constructed.

(52) "Operation and maintenance cost" means all expense resulting from operation and maintenance of the POTW or the operation of the pretreatment program.

(53) "Pass through" means a discharge which exits the POTW into the waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes or contributes to the cause of a violation of any requirement of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation.

(54) "Person" means any individual, partnership, co-partnership, firm, company, municipal or private corporation, group, association, society, joint stock company, trust, estate, institution, enterprise, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by context.

(55) "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Low values (0 to 6.9) indicate the presence of acids or acid-forming salts; high values (7.1 to 14) indicate the presence of alkalis or alkaline-forming salts; pH 7.0 is neutral.

(56) "Pollutant" means sewage, industrial waste or other waste as defined by divisions (B), (C) and (D) of section 6111.01 of the ORC.

(57) "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

(58) "Premises" means any parcel of real estate or portion of real estate including any improvements, determined by the Administrator to be a single user for purposes of receiving, using and paying for services.

(59) "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 or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological treatment processes, by BMPs, by pollution prevention alternatives including process changes, material substitutions, improved operating practices and recycling, or by other means, except as prohibited by paragraph (E) of rule 3745-3-09 of the OAC.

(60) "Pretreatment Coordinator (Coordinator)" is the individual who is charged with enforcing this ordinance and the requirements of the pretreatment program. The Coordinator may designate assistants to carry out responsibilities of the ordinance.

(61) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a categorical pretreatment standard imposed on an Industrial User.

(62) "Pretreatment standard" means a discharge limit related to pretreatment that is imposed on an Industrial User by this ordinance or by control mechanism, including categorical pretreatment standards, prohibitive discharge limits established pursuant to rule 3745-3-04 of the OAC, local limits established pursuant to paragraph (C)(4) of rule 3745-3-03 and paragraph (D) of rule 3745-3-04 of the OAC, and any enforceable schedule designed to achieve compliance with such limit.

(63) "Process wastewater" means 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, by product, or waste product, except non-contact cooling water and sanitary wastewater.

(64) "Process wastewater pollutants" means pollutants present in process wastewater.

(65) "Public authority" means a municipal corporation, the governing board of a county, a sanitary district established pursuant to Chapter 6115 of the ORC, a sewer district established pursuant to Chapter 6117 of the ORC, a conservancy district under Chapter 6101 of the ORC, or any other special district owning or operating a POTW in accordance with section 6111.032 of the ORC.

(66) "Public sewer" means a sewer owned and operated by the Village.

(67) "Publicly Owned Treatment Works (POTW)" means a treatment works as defined in Section 212 of the Act, owned by the Village. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes any sewers, pipes, and other conveyances that transport wastewater to the POTW treatment plant. The term also means the Village has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For this ordinance, POTW also includes any sewers that convey wastewaters to the wastewater treatment plant from persons outside the Village who are, by contract or agreement with the Village, users of the Village's treatment works.

(68) "Replacement cost" means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which these works were designed and constructed.

(69) "Sanitary sewer" means a sewer which carries sanitary sewage and/or industrial wastes from residences, business establishments, institutions and industrial establishments contributed by reason of human occupancy. Sanitary sewer includes both building sewers and public sewers.

(70) "Self Monitoring" means the process in which an Industrial User acquires the services of a laboratory to take samples using federally approved sampling techniques of all pollutants in its wastewater which have been assigned a local discharge limit. The Coordinator determines the frequency at which these samplings take place. They may be required daily, weekly, monthly, quarterly, semi-annually, annually, or not at all.

(71) "Sewage (wastewater)" means a combination of water-carried industrial waste, sanitary sewage or any other waste, together with any ground, surface, and storm water that may be present.

(72) "Shall" is mandatory. "May" is permissive.

(73) "Significant Non-Compliance" Any violation of the provisions of this ordinance or of an order or permit issued hereunder is an instance of noncompliance for which the user is liable for enforcement. State and Federal Definition are violations which 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 the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all the measurements for each pollutant parameter taking during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average that the control 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);

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 its emergency authority under paragraph (C) (1) (f) (ii) of OAC 3745-3-03 to halt or prevent such a discharge;

E. Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within forty-five 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; or

H. Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

(74) "Signing Official" means an Authorized or Duly Authorized Representative.

(75) "Slug (slug load)" means any pollutant, including oxygen-demanding pollutants such as BOD, released in a discharge at a flow rate that contains concentrations of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation.

(76) "Standard Industrial Classification (SIC)" means the classification of users based on the "Standard Industrial Classification Manual," as amended and supplemented, issued by the Executive Office of the President, Office of Management and Budget, 1972.

(77) "State" means the State of Ohio.

(78) "Storm sewer" means a sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than those discharged in compliance with an NPDES permit issued by the State.

(79) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting there from.

(80) "Substantial change" means any change in the user's discharge which meets one or more of the following criteria:

A. Increase or decrease of twenty percent (20%) or more in the average discharge flow rate and/or volume.

B. Increase in flow or pollutant loading which results in the user contributing five percent (5%) or more of the total average dry weather flow or pollutant loading to the POTW.

C. Increase or decrease of ten percent (10%) or more in the average pollutant loading or concentration.

D. Introduction of a new constituent to the waste stream.

E. Removal of a constituent of the water stream.

(81) "Superintendent" - means the person designated by the Village to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this ordinance.

(82) "Surcharge" means a fee, in addition to the normal user charge, collected to recover costs to treat wastes that are higher in pollutant concentration than typical domestic strength sewage (sometimes referred to as "Excess Strength") or a fee assessed for users outside the Village Corporation Limits.

(83) "Total Suspended solids (TSS)" means the total suspended matter that either floats on the surface or is in suspension or will settle in water, wastewater, sewage or other liquids, and which is removable by laboratory filtering.

(84) "Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by USEPA under Section 307(A) of the Act, as well as, any other substance capable or producing a toxic effect.

(85) “Treatment works" means any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances, extension, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste including waste in combined storm water and sanitary sewers.

(86) "USEPA" means the United States Environmental Protection Agency, or where appropriate, the Administrator or other fully authorized official of that agency.

(87) "User" means any person that discharges, causes or permits the discharge of wastes and/or wastewater into the POTW.

(88) "User charge" means the charge to each recipient of sewage treatment services within the Village's service area, representing a proportionate share of the costs of operation and maintenance including replacement of all sewage treatment service provided.

(89) "User class" Users of the POTW are divided into classes based on the origin of the sewage discharged and by the similarity of the function of such users.

A. "Commercial user" means a commercial business discharging wastewater; which is non-domestic.

B. "Industrial User" means a business who discharges liquid wastes resulting from processes employed in industrial or manufacturing operations, or from the development or beneficiation of natural resources. Additional users such as hospitals, sanitariums, prisons, charitable institutions, schools, or other government users (Federal, State and Local) may also fall within this category if the Coordinator deems it necessary.

C. "Residential user" means a single family or equivalent residences which have no form of business and discharge only wastes from sanitary conveniences.

(90) "Village" means the Village of Hebron, Ohio, or the Village Council of Hebron, Ohio or their duly authorized representative.

(91) "Wastes" means sewage and all other substances (liquid, solid, gaseous, radioactive) associated with human habitation or of human or animal origin; or from any producing, manufacturing or processing operation of any nature, including substances placed within containers of any nature prior to, and for purposes of, disposal.

(92) “Wastewater" means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

(93) "Wastewater treatment plant (WWTP)" means that portion of the POTW designed to provide wastewater treatment.

(94) "Waters of the State" means the same as defined in section 6111.01 of the ORC.

(95) "Watercourse" means any channel in which a flow of water occurs, either continuously or intermittently.

(96) "Water meter" means a water volume measuring and recording device furnished and/or installed by a user and approved by the Village.

(97) "40 C.F.R." means Title 40 of the Code of Federal Regulations effective July 1, 2006.
(Ord. 05-16. Passed 4-27-16.)

933.02 GENERAL SEWER USE REQUIREMENTS.

(a) Storm Water and Clean Water Connections.

(1) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, swimming pool drainage, condensate, cooling/non-contact cooling water, and unpolluted wastewater into any sanitary sewer, unless specifically authorized by the Coordinator.

(2) Storm water and all other unpolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet. Storm water discharged from industrial and other sites regulated under Section 402 of the Act shall obtain a storm water discharge permit within the time frames specified in 40 CFR Parts 122, 123, and 124. Industrial cooling water or unpolluted process waters may be discharged into a storm sewer, or natural outlet provided that an NPDES permit is obtained by the industry from the Ohio EPA prior to commencing the discharge.

(3) No person shall cause or permit a roof water downspout of any building or any other pipe or drain for rain water, storm water, surface water, groundwater or subsurface drainage, to be connected directly into a sanitary sewer; or cause or permit any other physical condition whereby rain water, storm water, surface water, groundwater, or subsurface drainage is discharged directly into any sanitary sewer.

(4) Any connection of a roof water downspout of any building or of any other pipe or drain for rain water, storm water, surface water, groundwater or subsurface drainage into a sanitary sewer or the existence of any other physical condition whereby rain water, storm water, surface water, groundwater or subsurface drainage, is discharged into any sanitary sewer, is hereby declared to be an illegal public nuisance.

(5) It shall be the duty of the Coordinator to notify the owner of every building or premises where such nuisance exists to abate the same.

(6) When the public nuisance defined in subsection (a)(4) hereof exists on or about any building or premises, no owner thereof, after receipt of notice to abate such public nuisance or after otherwise acquiring knowledge of its existence, shall permit or allow such nuisance to exist for more than thirty (30) days thereafter. It shall be the duty of every such owner to abate such nuisance within such thirty (30) days by eliminating the connection or other physical condition causing such nuisance, and it shall be the further duty of such owner forthwith to cap and seal the hole or opening thereby caused or remaining in the sanitary sewer or pipe or drain leading therein so that fumes cannot be emitted there from and so that refuse and debris cannot enter into the sanitary sewer.

(7) From and after the effective date of this chapter, no person, firm or corporation shall in constructing a new building, cause or permit footer drains, sump pumps or foundation drains to be connected directly or indirectly into a sanitary sewer.

(b) Authority for Control of Wastewater Discharges.

(1) For any waters or wastes which are discharged or are proposed to be discharged which contain compatible or incompatible pollutants other than sanitary sewage and which may have a deleterious effect upon the sewage treatment works, processes, equipment, or receiving waters, including violation of applicable water quality standards, or which otherwise create a hazard to life or constitute a public nuisance, the Coordinator shall:

A. Reject the discharge of such wastes, or

B. Require pretreatment and/or control of quantities and rates of discharge to an acceptable condition for discharge to the public sewers.

(2) In addition, the Coordinator may require surcharge payment to cover the added cost of handling, treating, and disposing of the wastes.

(1) General Prohibitions. No user shall discharge or cause to be discharged, directly or indirectly, any pollutants which by their nature or concentration will pass through or cause interference with the operation or performance of the POTW.

(2) Specific Prohibitions. The discharge prohibitions apply to all users of the POTW regardless of whether or not the user is subject to categorical requirements or other pretreatment requirements. Under the discharge prohibitions, a user may not contribute the following substances to the POTW:

A. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances, to create a fire or explosion hazard or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall any readings on an explosion hazard meter, at the point of discharge into the POTW (or at any point in the POTW) be more than ten percent (10%) of the Lower Explosive Limit (LEL). Prohibited materials include, but are not limited to, refined or unrefined petroleum products, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, percholorates, bromates, carbides, hydrides and sulfides. In no instance shall wastewater discharged have a closed-cup flashpoint less than 140 degrees F (60 degrees C) as measured by the test methods specified in 40 CFR Part 261.21.

B. Any wastewater having a pH less than 6.0 or greater than 10.0 S.U., or wastewater having other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the POTW.

C. Solid or viscous substances in amounts which may cause obstruction to the flow in the sewer or interference with the operation of wastewater treatment facilities. Such substances may be but are not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, mops, cinders, sand, spent lime, stones, glass, straw, wood shavings, grass clippings, rags, spent grains, waste paper, wood, plastics, tar, asphalt residues, or mud.

D. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process; to result in the generation of toxic gases, vapors or fumes which may cause a POTW worker acute health and safety problems; to constitute a hazard to humans or animals; to create a toxic effect in the receiving watercourse of the POTW; or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(A) of the Act and OAC Chapter 3745.

E. Any liquids, gases, or solids which either singly or by interaction with other wastes result in toxic or malodorous gases, vapors, or fumes which are sufficient to create a public nuisance or hazard to life, cause a POTW worker acute health and safety problems, or prevent entry into the sewers for maintenance and repair.

F. Any substances which may cause the POTW's effluent or any other product of the POTW such as residues, sludges, suds or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the SWDA, the Clean Air Act, the Toxic Substances Control Act, RCRA, or State criteria applicable to the sludge management method being used.

G. Any substance which will cause the POTW to violate its NPDES permit or the receiving water quality standards.

H. Any wastewater with objectionable color that cannot be removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.

I. Any wastewater having a temperature which will inhibit biological activity in the Wastewater Treatment Plant resulting in interference and in no case wastewater with a temperature at the introduction into the Wastewater Treatment Plant which exceeds 40 degrees C (104 degrees F).

J. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentrations of pollutants that exceed for any time period longer than fifteen minutes more than five times the average twenty-four hour concentration, quantities or flow during normal operation.

K. Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established in applicable state or federal regulations.

L. Any wastewater which causes a hazard to human health or creates a public nuisance.

M. Any wastewater containing constituents exceeding the limitations established in this ordinance. State and local requirements and discharge limitations shall be met by all users subject to such standards where these requirements and limitations are more stringent than federal requirements and limitations.

N. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts which cause interference or pass through.

O. Any trucked or hauled waste including, but not limited to, holding tank wastes, industrial, and septic wastes, into any location of the POTW at any time.

P. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test.

Q. Sludges, screenings, or other residues from the pretreatment of industrial wastes.

R. Detergents, surface-active agents, or other substances which that might cause excessive foaming in the POTW.

(d) National Categorical Pretreatment Standard.

(1) Users must comply with the categorical pretreatment standards found in 40 CFR, Chapter I, Subchapter N, Parts 405-471.

(2) Modification of National Categorical Pretreatment Standards. Where the Village's treatment works achieve consistent removal of pollutants limited by categorical pretreatment standards, the Village may apply to the approval authority for modification of specific limits in the categorical pretreatment standards.

A. Categorical pretreatment standards shall apply to an Industrial User unless an enforceable alternative limit to the corresponding national categorical standard is applicable to the Industrial User under:

1. 40 CFR section 403.7 (removal credits) to reflect the removal of a POTW of pollutants discharged by the Industrial User of pollutants;

2. 40 CFR section 403.6 (e) (combined wastestream formulas) to reflect the mixing prior to treatment of process effluent with wastewater other than that generated by the regulated process;

3. 40 CFR section 403.13 (fundamentally different factor variance) to reflect the existence of data and information that was not considered or available when the national categorical pretreatment standard was promulgated;

4. 40 CFR section 403.15 (net/gross calculation) to reflect the presence of pollutants in the intake water of an Industrial User; or

5. 40 CFR section 403.6 (c) (equivalent limitations) to reflect the conversion of mass-based limits only into equivalent limits expressed either as mass of pollutant discharged per day or effluent concentration.

B. In order for the alternative limit referenced in this rule to be considered enforceable against an Industrial User, compliance with the alternative limit must be required by local ordinance or contract administered under an approved pretreatment program, or by orders issued to the Industrial User by the Director under section 6111.03 of the ORC.

C. There shall be no right or procedure implied under Chapter 3745-3 of the OAC for an Industrial User, POTW, or any other person to seek an alternative limit to a categorical pretreatment standard other than through the procedures and within the requirements set forth in this rule.

(e) State Pretreatment Standards. Users must comply with the State of Ohio rules and laws as set forth in the following:

(1) ORC 6111.03(Q) - Water pollution control powers of director of environmental protection

(2) ORC 6111.042 - Rules requiring compliance with Federal Water Pollution Control Act

(3) OAC Chapter 3745-3 - Industrial Discharges to Publicly Owned Treatment Works (Pretreatment Rules)

(f) Local Limits.

(1) The Coordinator is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).

(Ord. 05-16. Passed 4-27-16.)

(2) No person shall discharge wastewater containing parameters in excess of the current Local limits. These limits are listed on the Village’s webpage for the Department of Water Reclamation and can be viewed at the Village Offices. (Ord. 27-22. Passed 12-14-22.)

(3) The above limits apply at the point where the wastewater is discharged to the POTW. In the absence of a specific wastewater discharge permit, no User shall discharge any of the above pollutants in a concentration greater than that found in typical background concentrations of residential wastewater.

(4) The Pretreatment Coordinator, together with the Pretreatment Board, is hereby authorized and may develop Best Management Practices (BMPs) in individual, general, or temporary wastewater discharge permits. BMPs may be used where there is insufficient flow from a permitted or category of permitted Users to obtain a representative sample, or when the BMP is clearly the most feasible method for regulating the pollutant of concern.

(g) Dilution. No user shall ever increase the use of potable, service or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in categorical pretreatment standards, this ordinance, or any other pollutant-specific limitation developed by the Village or State.

(h) Batch Discharges. Concentrations or quantities of pollutants and flow from batch discharges shall not exceed the limits established in the discharge permit.

(i) Right of Revision. The Village reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent Standards or Requirements on discharges to the POTW consistent with the purpose of this ordinance

(j) Operating Upsets. Any user which experiences an upset in operations which places the user in a temporary state of noncompliance with this ordinance shall inform the Coordinator thereof within twenty-four hours of first awareness of the commencement of the upset. Where this information is given orally, a written follow-up report thereof shall be filed by the user with the Village Coordinator within five days. The report shall discuss the following:

(1) Description of the upset, the cause thereof, and the upset's impact on a user's compliance status.

(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.

(3) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other condition of noncompliance.

(4) The report must also demonstrate that the facility was being operated in a prudent and workmanlike manner and was in compliance with applicable operation and maintenance procedures.

(5) A documented and verified operation upset shall be an affirmative defense to any enforcement action brought by the Village against a user for noncompliance with this ordinance which arises out of violations alleged to have occurred during the period of the upset.

(k) Bypasses.

(1) Bypasses prohibited. All in accordance with OAC Section 3745-09.

(2) Notification. If an Industrial User experiences a bypass, submit a written notice to the Coordinator. It shall verbally notify the Coordinator within twenty-four hours from the time it becomes aware of the bypass, and shall submit within five days of verbal notification, a written report describing the bypass event, and its cause; the bypass duration, including exact times and dates; and if the bypass has not been corrected, the time it is expected to continue and measures taken to reduce, eliminate and prevent its recurrence. The Coordinator may waive the written report if the verbal report is received within twenty-four hours.

(l) Notification of Substantial Change. Users shall notify the Coordinator a minimum of ten days prior to any substantial change in the volume or character of their discharge or introduction of any new constituents, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR Part 403.12(p) and OAC Chapter 3745.

(m) Wastewater Discharges. It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the jurisdiction of the Village except for storm water discharges or discharges in compliance with an NPDES permit issued by the State and/or the POTW, any wastewater except as authorized by the Coordinator in accordance with the provisions of this chapter.

(Ord. 05-16. Passed 4-27-16.)

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