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Codified Ordinances of Jackson, OH
CODIFIED ORDINANCES OF THE CITY OF JACKSON, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Streets and Sidewalks
TITLE THREE - Public Utilities
TITLE FIVE - Public Services
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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926.01 PURPOSE AND POLICY.
   (a)    This chapter sets forth uniform requirements for discharge into the City wastewater collection and treatment system and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code * 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403).
   No person shall discharge sewage, industrial wastes or other wastes to any sewer within the jurisdiction of the City and/or to the POTW without first having complied with the terms of this chapter.
   (b)    The objectives of this chapter are:
      (1)    To prevent the introduction of pollutants into the City wastewater system which will interfere with the normal operation of the system or contaminate the resulting Municipal sludge;
      (2)    To prevent the introduction of pollutants into the City wastewater system which will pass through the system into the receiving waters or the atmosphere or otherwise be incompatible with the system; and
      (3)    To improve the opportunity to recycle and reclaim wastewater and sludge from the system;
      (4)    To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
      (5)    To provide fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
       (6)    To enable the City of Jackson to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works are subject.
   (c)    This chapter shall apply to the City and persons outside the City who are, by
contract or agreement with the City, users of the City POTW. The chapter authorizes the issuance of 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.
926.02 DEFINITIONS.
   The meaning of terms used in this chapter shall be as follows:
   (1)    "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.) as amended.
   (2)    "Approval Authority" refers to the State of Ohio as the Approval Authority.
   (3)    "Authorized representative" means a responsible corporate officer, such as a president, secretary, treasurer or vice president of a corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for a corporation; a manager of one or more manufacturing, production or operating facilities, provided, the manager is authorized to make management decisions which 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, and can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements, and where authority to sign documents has been assigned and delegated to the manager in accordance with corporate procedures; a general partner or proprietor and/or designee appointed in writing by a duly authorized representative specifying either an individual or a position having the responsibility for the overall operation of the facility from the industrial discharge originates, such as a plant manager or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company, with the written authorization being submitted to the Control Authority. If an authorization of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying these requirements must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
   (4)   “Best Management Practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMPs also include treatment requirements, operating procedure, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
   (5)    "Biochemical oxygen demand" (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius, expressed in as a concentration. (e.g., mg/l)
   (6)    "Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
   (7)    "Building sewer" means the extension from the building drain to the POTW or other place of disposal.
   (8)    "Bypass" means the intentional diversion of wastestreams from any portion of an Industrial User's treatment facility.
   (9)    "Categorical pretreatment standards" means the national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial discharges.
   (10)    "Dilution" means increased use of potable or process water or mixing of separate waste streams.
   (11)    "Director" means the Safety-Service Director or his authorized deputy, agent or representative.
   (12)    "Environmental Protection Agency or EPA" refers to the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
   (13)    "Existing Source" means any sources of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
   (14)    "Grab Sample" means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
   (15)    "Indirect Discharge or Discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307 (b), (c), or (d) of the Act.
   (16)    "Industrial User" means a source of indirect discharge of any user who discharges an Industrial waste into the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances appurtenant thereto.
   (17)    "Industrial waste" means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
   (18)    "Instantaneous Maximum Allowable Discharge Limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
   (19)    "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources; both, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore is a cause of a violation of any requirement of the POTW's NPDES permit or of prevention of sewage sludge use or disposal in compliance with all State and Federal regulations.
   (20)    "Medical Wastes" refers to isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
   (21)    "New Source" is any facility from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards, provided that the facility is constructed at a site at which no other source is located; or the facility totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or the production or wastewater generating processes of the facility are substantially independent of an existing source at the same site.
   (22)    "Noncontact Cooling Water" refers to water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   (23)    "NPDES" means the National Pollutant Discharge Elimination System permit program as administered by the U.S. Environmental Protection Agency (U.S.EPA) or State.
   (24)    "O&M" means Operation and Maintenance.
   (25)    "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and other substances except sewage and industrial wastes.
   (26)    "Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES.
   (27)    "Person" means any individual, firm, company, association, society, corporation or group.
   (28)    "pH" is a measure of the acidity of alkalinity of a solution, expressed in standard units.
   (29)    "POTW" (Publicly-owned treatment works) means the sewage treatment works and the sewer and conveyance appurtenances discharging there to, owned and operated by the Authority.
   (30)    "Pollutant" means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., PH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
   (31)    "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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
   (32)    "Pretreatment Requirements" refers to any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
   (33)    "Pretreatment Standards or Standards" shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
   (34)    "Prohibited Discharge Standards or Prohibited Discharges" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 926.03 of this chapter.
   (35)    "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particulars will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
   (36)    "Residuals" means any material (liquid, sludge, slurry, ash, solid) which shall be disposed of after use in or removal from an industrial activity, including pretreatment, but not discharged to the POTW. Residuals shall not include noncontact cooling waters.
   (37)    "Sanitary sewer" means a conduit which carries wastewater to a wastewater treatment facility and in which storm, surface and groundwaters are not intentionally admitted.
   (38)    "Septic Tank Waste" refers to any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   (39)    "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
   (40)    "Sewage" means the spent water of a community. 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.
   (41)    "Sewage treatment works" means an arrangement of devices and structures for treating municipal sewage, sludge, and industrial waste.
   (42)    "Shall" is mandatory and not merely directory.
   (43)    "Significant Industrial User" means:
      A.    Except as provided in part B., of this section, the term Significant Industrial User includes:
         1.    All industrial users subject to categorical pretreatment standards; and
          2.    Any other industrial user that: discharges an average of twenty- five thousand 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater; contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW's treatment plant; or has a reasonable potential, in the opinion of the Superintendent, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
      B.    The Superintendent may at any time, on his own initiative or in response to a petition received from an industrial user, determine that a noncategorical industrial user is not a Significant Industrial User if the industrial user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standards or requirements.
   (44)    "Significant Noncompliance" occurs if an industrial user's violations meet one or more of the following criteria:
       A.    Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 926.03;
      B.    Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent 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 Section 926.03 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
      C.    Any other violation of a Pretreatment Standard or Requirement as defined by Section 926.03 (Daily Maximum, long-term average, Instantaneous Limit or narrative standard) that the Superintendent 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 of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
      E.    Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
      F.    Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
      G.    Failure to accurately report noncompliance;
      H.    Any other violation or group of violations which the Superintendent determines will or has adversely affected the operation or implementation of the City's pretreatment program.
   (45)    "Slugload" means any pollutant, including oxygen-demanding pollutants, released in a discharge at an extraordinary rate and/or concentration which causes interference to the POTW, or pass through to receiving stream; also any discharge at a flow rate or concentration which could cause a violation of the Prohibited Discharge Standards in Section 926.03 of this Chapter.
   (46)    "Standard Industrial Classification (SIC) Code" means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
   (47)    "Storm Water" refers to any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   (48)    "Superintendent" refers to the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
   (49)    "Suspended solids" means solids that float on the surface of, or are in suspension in, water, wastewater or other liquids and are quantified by laboratory procedures set forth in "Standard Methods for the Examination of Water and Wastewater."
   (50)    "Toxic pollutant" means any substance or combination of substances, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Superintendent, cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions including malfunctions in reproduction or physical deformation, in such organism or its offspring. These substances include, but are not limited to, those listed in Appendix A of this chapter.
   (51)    "Upset" means an exceptional incident in which an industrial user's treatment system is unintentionally and temporarily in noncompliance with pretreatment standards. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
   (52)    "User" means any person, residence or establishment that discharges an effluent to the POTW.
   (53)    "Wastewater". See "sewage."
   (54)    "Wastewater treatment plant." See "sewage treatment works."
      (Ord. 07-14. Passed 1-13-14.)
926.03 GENERAL DISCHARGE PROHIBITIONS.
   No user shall contribute or cause to be discharged, directly or indirectly, any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
   (a)    Any gasoline, benzene, naphtha, fuel oil or other liquid, solid or gas which by reason of its nature or quantity is sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the POTW. At no time shall wastestreams exhibit a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test method specified in 40 CFR 261.21.
    (b)    Discharges of petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin are prohibited if discharged in amounts that can pass through or cause interference.
   (c)    Any liquid or vapor having a temperature higher that 150 degrees Fahrenheit at its point of entry to the POTW or which causes the influent to the POTW to exceed 104 degrees Fahrenheit (40 degrees Centigrade).
   (d)    Any garbage that has not been properly shredded.
   (e)    Any waters or wastes having a pH less than 5.0 or higher than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewerage works.
      (1)    When an Industrial User continuously measures the pH of wastewater pursuant to a requirement of the City of Jackson Pretreatment Program; the Industrial User shall maintain the pH of such wastewater within the range set forth in the City of Jackson Sewer Use Ordinance, Section 926.03 (e), except excursions from the range are permitted subject to categorical pretreatment standards and the following limitations:
         A.    The total time during which the pH values are above the 10.0 upper limit value shall not exceed 7 hours and 26 minutes any calendar month; and
         B.    No individual excursion above the 10.0 upper limit value shall exceed 60 minutes.
   For purposes of this section, an excursion is an unintentional and temporary incident in which the pH value of discharged wastewater exceeds the range set forth in the City of Jackson Sewer Use Ordinance, Section 926.03 (e).
   (f)    Any water or wastes containing a toxic pollutant in sufficient quantity to injure or interfere with or cause upset to any aspect of the publicly-owned and operated sewage treatment plant, to constitute a hazard to humans or animals, to create any hazard in the receiving waters of the sewage treatment plant or to exceed the limitations set forth by an applicable categorical pretreatment standards.
      (Ord. 41-94. Passed 6-27-94.)
   (g)    Any toxic, noxious or malodorous liquids, gases or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life, or are in concentrations sufficient to cause acute worker health and safety problems or prevent entry into the sewers for their maintenance and repair.
   (h)    Any substance, in sufficient quantity to cause the POTW's sludges or scums to be in noncompliance with disposal criteria, guidelines or regulation or to cause the POTW to violate its NPDES permit.
   (i)    Any solid or viscous substance which will, or may, cause obstruction to flow in a sewer or impair the operation of wastewater pumping facilities or in any way interfere with the operation of the POTW.
   (j)    Any substance with objectionable color not removed in the City's wastewater treatment plant.
   (k)    Any water or waste containing over 100 mg/l of fats, oils or greases of animal or vegetable origin.
   (l)    Any radioactive substance except:
      (1)    When the user is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials; and
      (2)    When the waste is discharged in strict conformity with current regulations of the Ohio EPA and the Nuclear Regulatory Commission regulations and recommendations for safe disposal; and
       (3)    When the user is in compliance with all rules and regulations of all other applicable regulatory agencies; and
      (4)    When there is no harmful effect on personnel, sludges or the receiving stream
   (m)    Storm water, surface water, ground water, roof runoff, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Superintendent. Industrial cooling or unpolluted process waters may be discharged into a storm sewer or natural outlet upon approval of the Director, but will be subject to the Ohio EPA permit to discharge (NPDES).
   (n)    Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW.
   (o)    Trucked or hauled pollutants, except at discharge points designated by the Superintendent in accordance with Section 926.07 of this Chapter.
   (p)    Sludges, screenings, or other residues from the pretreatment of industrial wastes.
   (q)    Medical wastes, except as specifically authorized by the Superintendent.
   (r)    Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
   (s)    Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.
   (t)    Any discharge of hazardous waste.
   Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
926.04 NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
   National categorical pretreatment standards as promulgated by the U.S. EPA pursuant to the Act shall be met by all dischargers of the regulated industrial categories.
   POTW may determine Equivalent Mass and Concentration Limits using categorical pretreatment standards and the average daily production and flow. Industrial users must promptly notify the POTW of expected production changes. Equivalent Mass and Concentration Limits are made legally enforceable where they are established; they are deemed pretreatment standards which industrial users will be required to comply with in lieu of the promulgated standards.
   Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water. Applications for intake pollutant credit must be made to the POTW instead of the U.S. EPA. The POTW may also waive the "same body of water" requirement if it finds that no environmental degradation will result.
926.05 STATE AND FEDERAL REQUIREMENTS.
   State and federal requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than the limitations of this or any other applicable local ordinance.
926.06 SUPPLEMENTARY LIMITATIONS.
   (a)    No discharger shall discharge or cause or allow to be discharged into the sewerage system any pollutant in concentrations above those specifically permitted in administrative orders issued by the Director. Administrative orders shall impose maximum discharge concentration limits or mass based limits where appropriate. In the absence of such administrative orders, no person shall discharge any of the following pollutants, except as such pollutants may occur, and only in the concentrations such pollutants may occur, in normal domestic sewage: Cadmium, Chromium - Total, Chromium Hexavalent, Copper, Lead, Nickel, Zinc, Mercury, Arsenic, Selenium, Molybdenum, Silver, Gold, Platinum, Palladium.
   (b)    The admission into the public sewers of any waters or waste having any or all of the following characteristics shall be subject to review and approval of the Director:
       (1)    A five-day biochemical oxygen demand greater than 300 parts per million by weight; or
      (2)    Containing more than 350 parts per million by weight of suspended solids; or
      (3)    Containing any quantity of substances having the characteristic described in Section 926.03; or
      (4)    Having an average daily flow greater than two percent (2%) of the average daily sewage flow of the City.
   (c)    The City may impose mass limitations on individual dischargers, when in the opinion of the Director it is necessary to attain the objectives set forth in Section 926.01.
 
   (d)    The City reserves the right to establish discharge limitations more stringent than those contained in this chapter, when in the opinion of the Director it is necessary to attain the objectives set forth in Section 926.01.
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