Unless the context specifically indicates otherwise, the following terms, as used in this chapter, shall have the meanings hereinafter designated:
(1) "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(2) "Authorized representative of industrial user" means:
A. 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;
B. The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
C. A general partner or proprietor;
D. A duly authorized representative of the individual designated in paragraph (2)A. or B. hereof if:
1. The authorization is made in writing by the individual described in paragraph (2)A., B. or C. hereof;
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well-field Superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the Control Authority.
E. If an authorization under paragraph (2)D. hereof 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 the requirements of paragraph (2)D. hereof must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
(3) "Biochemical oxygen demand" or "BOD5" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)).
(4) "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 a building and conveys it to a building sewer, beginning outside the inner face of the building wall.
(5) "Building sewer" means the extension from the building drain to the Municipal sewer or other place of disposal.
(6) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.
(7) "City" means the City of Lakewood or the Council of the City of Lakewood.
(8) "Commercial user" means a commercial business discharging wastewater, or users not categorized as residential or industrial.
(9) "Cooling water" means water discharged from any use, such as air conditioning, cooling or refrigeration, where the only constituent added to the water is heat.
(10) "Engineer" means the City Engineer or the Engineer's duly authorized deputy, agent or representative.
(11) "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(12) "Industrial user" means a person who discharges to the City's wastewater disposal system liquid wastes resulting from the processes employed in industry or manufacturing, or from the development of any natural resource.
(13) "Industrial wastewater" means the liquid wastes from industrial processes.
(14) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, either inhibits or disrupts the City's treatment processes or operations, or its sludge processes, use or disposal, and, therefore, 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) or of the prevention of sewage sludge use or disposal.
(15) "Lot" means a plot of land in any part of the City containing no more than one connection to the wastewater disposal system.
(16) "Municipal sewer" means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
(17) "National categorical pretreatment standard" or "categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
(18) "National Pollutant Discharge Elimination System (NPDES) permit" means any permit or requirement issued by the Ohio Environmental Protection Agency (OEPA) pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), for the purpose of regulating the discharge of sewage, industrial wastes or other wastes under the authority of Section 402 of the Act.
(19) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
(20) "New source" means any new building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
A. The building, structure, facility or installation is constructed on a site at which no other source is located;
B. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
C. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
(21) "Parcel of land" means any piece of real estate not being a part of any regular subdivision or addition but containing one or more connections to the wastewater disposal system.
(22) "Pass through" means a discharge which exits the City 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 City's NPDES permit (including an increase in the magnitude or duration of a violation).
(23) "Person" means the State or any agent or institution thereof, any municipality, governmental subdivision, public or private corporation, individual, partnership or other entity, including, but not limited to, an association, commission or any interstate body, and including any officer of a governmental subdivision or public or private corporation or other entity.
(24) "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
(25) "Premises" means any piece of real estate having one or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the wastewater disposal system.
(26) "Pretreatment" means the process of reducing the amount of pollutants, eliminating pollutants or altering the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City's wastewater disposal system. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by law.
(27) "Properly shredded garbage" means the waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles shall be carried freely, under the flow conditions normally prevailing in Municipal sewers, with no particle greater than one-half inch in any dimension.
(28) "Residential user" means a user discharging only sanitary wastewater.
(29) "Sanitary sewer" means a sewer which carries wastewater to which storm, surface and ground waters are not intentionally admitted.
(30) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.
(31) "Sewer" means a pipe or conduit for carrying wastewater.
(32) "Shall" is mandatory; "may" is permissive.
(33) “Significant industrial user” or "SIU" means and includes the following:
A. All industrial users subject to categorical pretreatment standards; and
B. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential, in the opinion of the City Engineer, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
(34) “Slug” means either:
A. A discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than fifteen minutes, more than five times the average twenty-four hour concentration or flow during a normal operation.
B. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a single extraordinary discharge episode of such volume or strength as to cause interference to the City of Lakewood's wastewater disposal system.
(35) "State" means the State of Ohio.
(36) "State disposal system permit" means any permit, including any terms, conditions and requirements thereof, issued by the State pursuant to Ohio R.C. 6111.03(J).
(37) "Storm drain" or "storm sewer" means a sewer which carries storm and surface waters and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling water.
(38) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(39) "Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by a standard glass fiber filter.
(40) "User" means any person who discharges or causes or permits the discharge of wastewater into the City's wastewater disposal system.
(41) “Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's wastewater disposal system.
(42) "Wastewater disposal system" or "system" means any devices, facilities, structures, equipment or works owned or used by the City for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastewater or necessary to recycle or reuse water, including street sewers, intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled water supply, such as standby treatment units and clear well facilities; and any works, including land that shall be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
(43) "Watercourse" means a channel in which a flow of water occurs, whether continuously or intermittently.
(44) "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 or any portion thereof.
(Ord. 88-91. Passed 10-7-1991.)