(a) Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
(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. 1251, et seq.
(2) "Applicable pretreatment standard" means any pretreatment limit or prohibitive standard, whether Federal and/or local which is contained in this chapter and deemed to be the most restrictive which nondomestic users will be required to comply with.
(3) "Approval authority" means the Director in an NPDES state with an approved State pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved State pretreatment program.
(4) "Authorized representative of industrial user" means either:
A. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
B. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
C. A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
(5) "Average monthly discharge limitation" 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.
(6) "Average weekly discharge limitation" means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges, measured during a calendar week divided by the number of daily discharges measured during that week.
(7) "Beneficial uses" mean uses which include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by State or Federal law.
(8) "Best Management Practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in rule 3745-3-04 of the Administrative Code. BMPs also 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. The POTW may develop BMPs and such BMPs shall be considered local limits and pretreatment standards for the purpose of this rule.
(9) "Building sewer" means a sewer conveying wastewater from the premises of a user to the POTW.
(10) "Categorical pretreatment standards" mean 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.
(11) "City" means the City of Lancaster, Ohio, or the Council of Lancaster, Ohio.
(12) "Composite sample" means a composite sample should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples shall be required where the wastewater loading is highly variable.
(13) "Cooling water" means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
(14) "Control authority" means the approval authority, as defined hereinabove, or the Superintendent if the City has an approved pretreatment program under the provisions of 40 CFR, 403.11.
(15) "Daily discharge" means the discharge of a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling.
(16) "Direct discharge" means the discharge of treated or untreated wastewater directly to the waters of the State of Ohio.
(17) (EDITOR'S NOTE: This subsection was repealed by Ordinance 26-91, passed June 10, 1991.)
(18) "Easement" means an acquired legal right of the specific use of land owned by others.
(19) “Environmental Protection Agency or EPA" means the U. S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of such agency.
(20) "Garbage" means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(21) "Ground or shredded garbage" means garbage that is shredded to such a degree that all particles are carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
(22) "Grab sample" means a sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(23) "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum- pump tank trucks.
(24) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307 (b) or (c) of the Act, (33 U.S.C. 1317), into the POTW, including holding tank waste discharged into the system.
(25) “Industrial user" means any industrial or commercial establishment manufacturing or processing facility that discharges industrial waste to a publicly-owned treatment works.
(26) “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.
(27) "Industrial waste permit" means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
(28) "Effluent" means the water, together with any waste that may be present, flowing into a drain, sewer, receptacle or outlet.
(29) "Interference" means the inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act, (33 U. S. C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria, including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA, applicable to the method of disposal or use employed by the POTW.
(30) "Maximum daily discharge limitation" means highest allowable daily discharge.
(31) "May" indicates a discretionary condition.
(32) "National categorical pretreatment standard or 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.
(33) "National prohibitive discharge standard or prohibitive discharge standard" means any regulation developed under the authority of Section 307 (b) of the Act and 40 CFR, Section 403.5.
(34) "New source" means any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307 (c) (33 U.S.C. 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
(35) "Normal sewage" means sewage having an average daily suspended solids concentration of not more than 300 mg/1, and/or an average daily BOD of not more than 200 mg/l.
(36) "NPDES" means the National Pollutant Discharge Elimination System permit program as administered by the USEPA or the State of Ohio.
(37) “NPDES permit" means the National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
(38) "Other wastes" mean decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
(39) “Pass through" means a discharge that exits the POTW into waters of the state in quanitites or concentrations that alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(40) "Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Ohio, the United States of America, or other legal entity, or their legal representatives, agents or assigns. The masculine gender includes the feminine, and the singular includes the plural, where indicated by the context.
(41) "Pollution" means an alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses. The man-made or man induced alteration of the chemical, physical, biological and radiological integrity of water.
(42) "Pollutant" means any substance discharged into a POTW or its collection system, listed in this chapter and the list of priority pollutants or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307 (a) of the Act.
(43) "Pollutant parameters" include the following:
A. "Biological Oxygen Demand (BOD)" of sewage, sewage effluent, polluted waters or industrial wastes means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at twenty degrees Centigrade. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.
B. "Chemical Oxygen Demand (COD)" of sewage, sewage effluent, polluted waters or industrial wastes means a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods.
C. "Fecal coliform" means any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
D. "Floatable oil" means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(44) A. “Grease and oil" means a group of substances including hydrocarbons, fatty acids, soaps, fats, waxes, oils or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with Standard Methods.
B. “Grease and oil of animal and vegetable origin" means substances that are of a less readily biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
C. "Grease and oil of mineral origin" means substances that are less readily biodegradable than grease and oil of animal and vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oil, gasoline station wastes, petroleum refinery wastes, storage depot wastes.
D. "pH" means the logarithm to the base 10 of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
E. "Suspended solids" means solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
F. "Total solids" means the sum of suspended and dissolved solids.
G. "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Centigrade for 15 to 20 minutes.
H. Any other pollutant parameter deemed appropriate.
(45) "POTW" means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(46) "Pretreatment or treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes, or other means except as prohibited by 40 CFR Section 403.6(d).
(47) "Pretreatment requirements" mean any substantive or procedural require ment related to pretreatment, other than a National pretreatment standard imposed on an industrial user.
(48) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
(49) “Sewage" means water-carried human wastes or a combination of water carried wastes from residence, business, buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
(50) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(51) " Shall" is mandatory.
(52) "Significant Industrial User" means a contributor that:
A. Is subject to categorical pretreatment standards under 40 CFR 403.6
B. Or applies to the following criteria:
i. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (process wastewater excludes sanitary, non-contact cooling and boiler blowdown wastewaters);
ii. Has in its waste a toxic pollutant in toxic amounts as defined in Section 307 of the Federal Act;
iii. Has a flow greater than five percent (5%) of the flow carried by the City system receiving the waste;
iv. Has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act or State statutes and rules; or
v. Is found by the City, State or Federal EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
(53) "Sludge" means any solid, semi-solid or liquid waste generated from a Municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 of the Federal Act and in the applicable require ments under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
(54) “Slugload" or "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 that 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. means any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
(55) "State" means the State of Ohio.
(56) "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(57) "Standard Methods" mean the laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
(58) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(59) "Superintendent" means the person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
(60) "Toxic amount" means concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to Section 307 (a) of PL 92-599.
(61) "Toxic pollutant" means those substances referred to in Section 307 (a) of the Act as well as any other known potential substances capable of producing toxic affects.
(62) "Unpolluted water" means water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to sanitary sewers and wastewater treatment facilities provided.
(63) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
(64) “User" means any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
(65) "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 or storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
(66) "Wastewater constituents and characteristics" mean the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality and strength of wastewater.
(67) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(68) "Waters of the State" mean all streams, lakes, ponds, marshes, water courses, 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. 16-15. Passed 11-23-15.)