915.04 DEFINITIONS.
   (a)   Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings hereinafter designated. Any word or term not defined herein shall be given a meaning found in Webster's Dictionary. Words used in this Rule in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and the use of feminine shall mean masculine.
      (1)   Act or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq. as well as any regulations, guidelines, limitations and standards issued there under.
      (2)   Additives mean enzymes, bacteria, degreasers and/or other products designed to emulsify FOG and/or biologically treat FOG for remediation prior to discharging to the POTW.
      (3)   Approval Authority means the Director of the Ohio Environmental Protection Agency.
      (4)   Authorized or Duly Authorized Representative of the User means;
         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 WDP; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures, a copy of said authority shall be provided by the corporation to the City.
         B.   If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
         C.   If the User is a Federal, State, local governmental or institution facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government or institution 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 City.
         E.   If an authorization is no longer accurate, because a different individual or position has responsibility for the overall facility's operation or overall company responsibility for environmental matters, a new authorization satisfying the above requirements shall be submitted to the Director before any reports to be signed by an authorized individual can be submitted.
      (5)   Baseline Monitoring Report (BMR) means a report submitted by a User to the Director that describes the User's current discharge flow volume and constituents that provides information sufficient to determine the need for industrial pretreatment measures the form of which shall be provided by the Director.
      (6)   Best Management Practice(s) or BMP(s) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 915.07 [40 CFR 403.5(a)(1) and (b)]. BMP's include treatment requirements, operating procedures, and practices to control plant or facility site runoff, spillage or leaks, Wastewater Discharge, or drainage from raw materials storage.
      (7)   Bioaccumulative Chemical of Concern or BCC means any chemical that has the potential to cause adverse effects which, upon entering the surface waters, by itself or as its toxic transformation product, accumulates in aquatic organisms by a human health factor greater than 1,000, after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation, calculated in accordance with the methodology in rule 3745-1-37 of the Ohio Administrative Code or as defined in superseding rules of the Administrative Code.
      (8)   Biochemical Oxygen Demand or BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).
      (9)   Bio-solids means solid or semi-solid, nutrient-rich organic material resulting from the treatment of sewage sludge, which can be safely recycled to maintain productive soils and stimulate plant growth.
      (10)   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 coveys it to the building sewer which begins five feet outside the inner face of the building wall.
      (11)   Building Sewer, Private Sewer, Service Connection and Service Lateral means the extension from the building drain to the main public sewer whether such main sewer is within or outside of the public right of way, including the wye at the Sanitary Sewer main.
      (12)   Bypass means the intentional diversion of Wastewater from any portion of a User's facility to the POTW or Waters of the State.
      (13)   Categorical Pretreatment Standard or Categorical Standard means any regulation containing Pollutant Discharge limits promulgated by USEPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
      (14)   Categorical Industrial User means an Industrial User subject to a categorical Pretreatment Standard(s) or categorical Standard(s).
      (15)   Change in Operations means any modification in the User's processes that result in a change in the number of constituent(s) by type or concentration or change in average daily flow volume in the User's Discharge.
      (16)   Chemical Oxygen Demand or COD means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water, usually expressed as a concentration (e.g. mg/L).
      (17)   City means the City of Kent, Ohio.
      (18)   Combined Sewer(s) means a sewer intended to receive and carry a combination of sanitary sewage and storm or surface waters, with or without industrial wastes.
      (19)   Compatible Pollutant(s) means BOD, suspended solids, pH and fecal coliform bacteria, E. coli bacteria, plus additional Pollutants as identified in the City's NPDES permit if the City's POTW was designed to receive and treat such Pollutants, and in fact does remove such Pollutants to a substantial degree.
      (20)   Commissioner means the Health Commissioner of the City of Kent, or his/her designee.
      (21)   Compliance Schedule means an enforceable sequence of actions or operations based on a time frame and leading to the completion of a stated series of events and or actions.
      (22)   Composite Sample means a sample of Wastewater which should contain a minimum of eight discreet samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period.
      (23)   Control Authority means the City of Kent.
      (24)   Chronic POTW Areas of Concern means areas in POTW system that have experienced Sanitary Sewer overflows or that must be cleaned or maintained frequently to avoid blockages or overflows.
      (25)   Daily Maximum means the arithmetic average of all samples for a Pollutant collected during a calendar day.
      (26)   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 day.
      (27)   Deputy Service Director/Superintendent of Engineering means the Deputy Service Director/Superintendent of Engineering for the City of Kent, Ohio or his/her designee.
      (28)   Direct Discharge means any Discharge to an outlet, including storm sewers and combined sewer overflows into a watercourse, pond, ditch, lake or other body of surface or groundwater.
      (29)   Director means the Director of Public Service for the City of Kent, Ohio, or his/her designee.
      (30)   Discharge(s) (when used as a noun) means the liquid, solid, semi-solid, gaseous or radioactive substance released into the POTW.
      (31)   Discharge Authorization Letter means a short term letter of authorization, issued by the Director allowing for a temporary Discharge of city metered water from Users. The DAL must be precisely adhered to regarding start time, duration, location, rate of Discharge or any other specifications outlined in the DAL.
      (32)   Domestic Sewage means Wastewater originating from human excrement and gray water (e.g. household showers, toilets, dishwashing operations, cloths washing, etc.)
      (33)    Enforcement Response Plan is the plan implemented by the City of the Kent in order to comply with Federal Industrial Pretreatment Regulations to provide enforcement actions by the City of Kent Industrial Pretreatment Program when addressing violations of a WDP or the Sanitary Sewer User Ordinance.
      (34)   Existing Source(s) means any source of Wastewater Discharge to the POTW that is not a "New Source."
      (35)   FOG means all types of fats, oils and greases regardless of origin. (see Polar FOG and Non-Polar FOG)
      (36)   FOG Control Device means any grease interceptor, grease trap, oil/water separator or other mechanism, device, or process, which attaches to, or is applied to, Wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the POTW. "A FOG Control Device" may also include any other proven method to control the Discharge of FOG subject to the approval of the Director.
      (37)   Food Grinder(s) means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by-products for the purpose of disposing of it in the POTW.
      (38)   Food Service Purveyors (FSP) means any permanent facility within the boundaries or the City's service area, which prepares and/or packages food or beverages for sale or consumption, on or off-site, which has any process or device that uses or produces Polar FOG. Excluding private residences, FSP's include, but are not limited to, bakeries, canneries, churches, food courts, food manufacturers, food packagers, food processors, grocery stores, hospitals, hotels, lounges, meat packing, nursing homes, restaurants, schools vegetable oil and fat companies, and like establishments.
      (39)   Grab Sample(s) means a sample taken from a Wastewater Discharge stream at a single point in time without regard to the flow in the Wastewater Discharge stream and without consideration of time, as required under 40 CFR 136.
      (40)   Grease Interceptor(s) means a FOG Control Device, usually located underground and outside between a FSP and the connection to the POTW, designed to collect, contain, and remove food wastes and FOG from the process Wastewater Discharge stream while allowing the remaining Wastewater to be Discharged to the POTW by gravity. To be effective, these devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals as required by this Ordinance.
      (41)   Grease Trap(s) means a FOG Control Device, usually located inside the building and under a sink of a FSP, designed to collect, contain and remove food wastes and FOG from the Wastewater Discharge stream while allowing the remaining Wastewater Discharge stream to proceed to the POTW by gravity. To be effective, these devises must be cleaned, maintained and have the FOG removed and disposed of in a proper manner at regular intervals as required by this Ordinance.
      (42)   Holding Tank Waste(s) means any Wastewater from holding tanks or chambers used in connection with vessels, chemical toilets, campers, trailers or other isolated facilities from which sanitary Wastewater emanates; including Wastewater from septic tanks and vacuum pump tank trucks. Holding Tank Waste does not mean Wastewater from City operated vacuum pump tank trucks.
      (43)   Incompatible Pollutant(s) means all Pollutants other than Domestic Sewage as defined herein, for which the City's POTW was not designed to treat and in fact does not remove to any substantial degree.
      (44)   Indirect Discharge means any Discharge to the POTW.
      (45)   Industrial Pretreatment Program (IPP) means regulations adopted by the City in accordance with the Clean Water Act and 40 CFR 403.8 to prevent the discharge of Pollutants to the POTW which will interfere with the operation of the POTW or its use and disposal of Bio-solids. In addition, the Program prevents the introduction of Pollutants to the POTW that may Pass Through into Waters of the State causing toxicity or other detrimental impacts.
      (46)   Industrial User(s) means any User who discharges to the POTW any Wastewater Discharge resulting from processes employed in industry or manufacturing, or from development of any natural resources, and identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under divisions A, B, D, E, and I or any user discharging Wastewater that may be classified as industrial Wastewater as determined by the Director. An Industrial User introduces an Indirect Discharge as defined by the USEPA and OEPA as the Discharge or introduction of Pollutants into the POTW from any Non-Domestic Source and not directly discharging into the waters of the State.
      (47)   Inflow means water entering the POTW through a direct storm water/runoff connection to the POTW, which may cause an almost immediate increase in Wastewater flows to the POTW.
      (48)   Infiltration means water entering the POTW from underground sources, through such pathways as broken pipes, defective pipe joints, connections, or manhole walls.
      (49)   Inspector(s) means a person authorized by the Director to inspect any existing or proposed Wastewater generation, conveyance, processing, and/or disposal facilities.
      (50)   Instantaneous Limit(s) means the maximum concentration of a Pollutant allowed to be discharged at any time, determined from the analysis of any grab or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
      (51)   Interference(s) means a Wastewater Discharge that, alone or in conjunction with a Wastewater Discharge or Wastewater Discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its Bio-solids processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or of the prevention of Bio-solids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued there under, or any more stringent State or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
      (52)   Local Limit(s) means specific Wastewater Discharge limits developed and enforced by the City upon residential, industrial, commercial, institutional or governmental facilities to implement the general and specific Wastewater Discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
      (53)   Manager means the person(s) designated by the City to supervise the operation(s) of the POTW, and who is charged with certain duties and responsibilities by this Ordinance or the Director. The term also means a Duly Authorized Representative of the Director.
      (54)   Manifest(s) means the receipt or form which is retained by the generator of the Wastewater for disposing treatable and recyclable Wastewater as required by the City. For purposes related to FOG, a manifest means either: (1) the receipt from disposal of FOG from a FOG Control Device or; (2) The FOG Manifest Form as provided by the Director or; (3) another method of documentation approved by the Director.
      (55)   May means a discretionary condition as determined by the Director.
      (56)   Medical Waste(s) means 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.
      (57)   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.
      (58)   Monthly Average Limit(s) 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.
      (59)   National Pollutant Discharge Elimination System (NPDES) Permit means the National Pollutant Discharge Elimination System permit issued to the City of Kent WRF by the Ohio EPA.
      (60)   National Prohibitive Discharge Standard(s) means any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5, and amendments thereto.
      (61)   New Source(s) 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 facility, and the extent to which the new facility is engaged in the same general type of activity as the Existing Source, should be considered, as determined by the Director.
         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 Section (a)(2) or (3) above but otherwise alters, replaces, or adds to
         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
               (i)   any placement, assembly, or installation of facilities or equipment; or
               (ii)   significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which 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 which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which 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.
         D.   Any change in the ownership, food types or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by a FSP in an amount that alone or collectively causes or creates a potential for POTW blockages and/or SSO's in the POTW.
         E.   A physical change or operational change causing increased FOG generation that exceeds the current amount of FOG discharged to the POTW by a FSP or construction of a FSP that requires a building permit, and involves any one or combination of the following; (1) under slab plumbing in the food processing area; (2); a 30% increase in the net public seating area; (3) a 30% increase in the size of the kitchen area; (4) any change in the size or type of food preparation equipment; (5) a 30% increase in food preparation production, or; (6) any FSP that is non-operational for a period greater than twelve (12) months.
         F.   Tenant-finish is defined as a New Source and is a portion of an existing building that is subsequently occupied by a FSP, oftentimes requiring building and/or plumbing modifications to meet the specifications and needs of the FSP tenant. Tenant-finish differs from new construction in that a sewer connection permit may have already been issued.
      (62)   Non-Contact Cooling Water means water used for cooling purposes that does not come into direct contact with any raw material, intermediate product, waste product, or finished product or that is not chemically treated.
      (63)   Non-Domestic Sewage means all Wastewater that is not of Domestic Sewage origin (e.g. commercial, industrial, institutional and governmental process Wastewater Discharges, etc.).
      (64)   Non-Polar FOG means fats, oils and greases that are derived from petroleum and mineral sources such as, but not limited to, machinery lubricating oils, gasoline station products, petroleum refining products and petroleum storage depot products. Concentration levels are derived from a Grab Sample and analyzed by EPA Method 1664A.
      (65)   Non-Significant Categorical Industrial User means an Industrial User subject to reporting requirements in Section 915.47  for Categorical Pretreatment Standard Users that never Discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling water and boiler blow down wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met as provided for in 40 CFR 403.3 (v) (2):
         A.   The IU has consistently complied with all applicable Categorical Pretreatment Standards and Requirements;
         B.   The IU annually submits the certification statement required in 40 CFR 403.12(q) together with any additional information necessary to support the certification statement; and
         C.   The IU never discharges any untreated concentrated wastewater.
      (66)   Non-Significant Industrial User means an IU that discharges less than 100 gallons per day (gpd) of Normal Strength Wastewater.
      (67)   Normal Strength Wastewater means Wastewater which contains Pollutant constituents as defined in 915.11(b) table (Pollutant Group A) and does not contain any toxic, hazardous or regulated substances.
      (68)   Ohio EPA means the State of Ohio Environmental Protection Agency or successor agencies, or where appropriate, a designation for the Director of Ohio EPA or other fully authorized official of this Agency.
      (69)   Oil/Water Separator means a device designed to separate Non-polar FOG from industrial or commercial Wastewater sources prior to Discharge to the POTW.
      (70)   Ordinance (Sanitary Sewer Use Ordinance) means the legal document enacted by the City that defines the use of the City's POTW including rules of enforcement.
      (71)   Pass Through means a Discharge which exits the WRF 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 City's NPDES permit, including an increase in the magnitude or duration of a violation.
      (72)   Person means any individual, partnership, society, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, institution or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities.
      (73)   pH means a measure of the acidity or alkalinity of a solution, expressed in standard units of 0-14.
      (74)   Polar FOG means fats, oils and greases of animal and vegetable origin that are typically associated with blockages and overflows in the POTW, such as are discharged to the POTW from FPS(s). Concentration levels are derived by analyzing using EPA Method 1664A.
      (75)   Pollutant(s) means dredged spoil, solid waste, incinerator residue, filter backwash, Domestic 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 discharged into or added to water; and certain characteristics of Wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) or any man induced alteration of the chemical, physical, biological and radiological integrity of water.
      (76)   Premises mean any parcel of real estate or portion of real estate, including any improvements, determined by the Director to be a single user for purposes of receiving, using and paying for services.
      (77)   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.
      (78)   Pretreatment Requirement(s) mean any substantive or procedural requirement related to pretreatment imposed on a User, other than a Pretreatment Standard.
      (79)   Pretreatment Standards or Standards means prohibited Discharge standards, categorical Pretreatment Standards and Local Limits.
      (80)   Process Wastewater means any Wastewater as defined as Non-Domestic Sewage.
      (81)   Prohibited Discharge Standards or Prohibited Discharges means absolute prohibitions against the Discharge of certain substances; these prohibitions appear in Section 915.07 of this Ordinance.
      (82)   Properly Shredded Garbage means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the POTW, with no particle greater than one half inch in any dimension.
      (83)   Publicly Owned Treatment Works (POTW) means a treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey Wastewater to a POTW
      (84)   Public Sewer means a sewer in which all owners of properties abutting the sewer have equal rights, and the sewer is owned and controlled by public authority. As used herein, a public sewer shall be understood to be a component of the POTW and mean a public Sanitary Sewer unless otherwise specified.
      (85)   Resource Conservation and Recovery ACT (RCRA) means the U.S. law that regulates ongoing operations involving the generation, transport, and treatment/transport/disposal of hazardous wastes.
      (86)   Sample Point means a location approved by the Director or his designee from which Wastewater can be collected that is representative in content and consistency of the entire flow of Wastewater being discharged.
      (87)   Sanitary Sewer means a sewer that carries Domestic Sewage and/or industrial wastes from residences, business establishments, institutions and industrial establishments, together with minor quantities of ground, storm and surface waters or unpolluted water from any source that is not admitted intentionally.
      (88)   Sanitary Sewer Overflow (SSO) means an overflow of untreated Wastewater from the POTW into the environment.
      (89)   Sewer means a pipe or conduit that carries Wastewater or drainage water.
      (90)   Shall means mandatory.
      (91)   Significant Industrial User (SIU) means;
         A.   Except as provided in paragraphs (c) and (d) of this Section, a Significant Industrial User is:
            1.   An Industrial User subject to Categorical Pretreatment Standards; or
            2.   An Industrial User that:
               (i)   Discharges an average of twenty five thousand (25,000) gpd or more of process Wastewater to the POTW (excluding sanitary, noncontact cooling water and boiler blow down Wastewater);
               (ii)   Contributes a process Wastewater Discharge which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the WRF; or
               (iii)   Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the operation of the POTW or for violating any Pretreatment Standard or Requirement.
            3.   The City may determine that an Industrial User subject to Categorical Pretreatment Standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical Wastewater (excluding sanitary, non contact cooling and boiler blow down Wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
               (i)   The Industrial User, prior to City's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
               (ii)   The Industrial User annually submits the certification statement required in together with any additional information necessary to support the certification statement; and
               (iii)   The Industrial User never discharges any untreated concentrated Wastewater.
            4.   Upon a finding that a User meeting the criteria in Subsection 915.07 through 915.12 of this Ordinance has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or Requirement, the City may at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
      (92)   Significant Noncompliance means any User as defined in Ohio Law and Regulations who is in violation of applicable Pretreatment requirements as defined in 915.51.
      (93)   Slug Discharge(s) or Slug Load(s) means any Discharge at a flow rate or concentration, which could cause a violation of the prohibited Discharge standards in Section 915.07 through 915.12 of this Ordinance. 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.
      (94)   Spill Prevention and Control Plan means a formal written plan, approved by the Director, to prevent the discharge of Pollutants into the POTW, while also outlining remedial actions should a spill actually occur.
      (95)   State means the State of Ohio.
      (96)   Storm Drain or Storm Sewer means a drain or sewer for conveying storm and surface waters and drainage, groundwater, subsurface water or unpolluted water from any source.
      (97)   Storm Water means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
      (98)   Temporary WDP means the short term permit, issued by the Director, for the treatment of polluted groundwater that is intended to be discharged to the POTW. Wastewater Discharges authorized under this permit shall contain no process Wastewater or potable City water.
      (99)   Total Dissolved Solids or Dissolved Solids means the concentration of dissolved solids in water that is not removable by laboratory filtering as determined by the method specified in 40 CFR Regulations, Part 136; usually expressed as mg/L.
      (100)   Total Suspended Solids or Suspended Solids means the concentration of suspended matter that floats on the surface of, or is suspended in water, that is removable by laboratory filtering as determined by the use of the method specified in 40 CFR Regulations, Part 136; usually expressed in mg/L.
      (101)   USEPA means the United States Environmental Protection Agency, or where appropriate, the Administrator or other duly authorized official of that Agency.
      (102)   User means a Person discharging into the City's POTW or a source of indirect Discharge.
      (103)   Waste Minimization Plan means the use of "source reduction" and/or environmentally sound recycling methods prior to discharge of waste products to the POTW. The purpose of this plan is to eliminate the generation of waste products at the source and refers to any practice that reduces the use of hazardous materials in the production process.
      (104)   Wastewater means liquid and water-carried industrial Pollutants, Non-Domestic Sewage and Domestic Sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, government facilities and institutions, whether treated or untreated, which are introduced into the POTW.
      (105)   Wastewater Discharge Permit (WDP) means the permit, issued by the Director, authorizing the use of the City's POTW. Wastewater Discharges authorized under a WDP excludes those discharges defined as Normal Strength Wastewater or Temporary.
      (106)   Water Reclamation Facility means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
      (107)   Waters of the State means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state of Ohio or any portion thereof.
      (108)    Watercourse means any flowing body of water, or facility where water would flow if it were present, where the outlet is to the Waters of the State, including but not limited to rivers, streams, creeks, ditches and so forth.
         (Ord. 2015-81. Passed 4-15-15.)