As used in this chapter, unless the context specifically indicates otherwise:
(1) “Act” means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended, as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(2) “Applicable pretreatment standard” means any pretreatment limit or prohibitive standard (Federal, State and/or local) contained in this chapter deemed to be the most restrictive, with which non-domestic users will be required to comply.
(3) “Approval authority” means the Director of the EPA in an NPDES state with an approved state pretreatment program, and the Administrator of the Environmental Protection Agency (EPA) in a non-NPDES state or an NPDES state without an approved state pretreatment program. The State of Ohio is an NPDES state with an approved state pretreatment program.
(4) “Authorized representative of discharger” means:
A. A responsible corporate officer, if the discharger submitting the reports is a corporation. For the purpose of this division, a “responsible corporation officer” means:
1. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who is authorized by the corporation to perform policy or decision-making functions for the corporation; or
2. The manager of one or more manufacturing, production or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit (or general permit) requirements; and where authority to sign docents has been assigned or delegated to the manager in accordance with corporate procedures.
B. A general partner or proprietor, if the discharger submitting the reports is a partnership or sole proprietorship, respectively.
C. A duly authorized representative of the individual designated in division (4)A. or B. of this section if:
1. The authorization is made in writing by the individual described in division (4)A. or B. of this section;
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the 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 Director.
D. If an authorization under division (4)C. 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 the requirements of division (4)C. of this section must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
(5) “Average monthly discharge limitation” means the highest NPDES permit 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 NPDES permit 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) “Best management practices” or “BMP” 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 Ohio 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.
(8) “Beneficial uses” includes, but is not limited to, domestic, Municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by local, State or Federal law.
(9) “Board” or “Board of Public Utilities” means the Board of Public Utilities of the City of London or its duly authorized agent.
(10) “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from oil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer. The building drain shall extend to three feet outside the building wall.
(11) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.
(12) “Bypass” means the intentional diversion of waste streams from any portion of a discharger's treatment facility to either the POTW or the City's storm sewer system.
(13) “Categorical pretreatment standards” means the National Categorical Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by specific industrial dischargers.
(14) “City” means the City of London, which shall be the governmental entity enacting and enforcing this chapter.
(15) “Council” means the City Council or the governing body for the City of London that provides the policy authority to enact and enforce this chapter.
(16) “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 will be required where the wastewater loading is highly variable.
(17) “Control mechanism” means permit, order, or similar used to control an industrial user's contribution to a POTW to ensure compliance with applicable pretreatment standards and requirements. It includes general control mechanism and individual control mechanism.
(18) “Daily discharge” means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents a calendar day for purposes of sampling.
(19) “Director of Wastewater” means the Director of Wastewater of the City or his or her duly authorized agent and not the Director of the EPA, henceforth referred to as the Director. Director of Wastewater is the same as Superintendent of Wastewater.
(20) “Discharger” or “industrial discharger” means any nonresidential user who discharges an effluent 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.
(21) “Easement” means an acquired legal right of one owner of land to make lawful and beneficial use of the land of another.
(22) “Effluent” means the treated wastewater flow from a POTW discharge pipe into a receiving stream.
(23) “Garbage” means any solid wastes from the preparation, cooking or dispensing of food and from the handling, storage or sale of produce.
(24) “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.
(25) “Ground (shredded) garbage” means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
(26) “Indirect discharge” means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) and (c) of the Act, into a POTW.
(27) “Industrial user” means any industrial or commercial establishment or manufacturing or processing facility that discharges industrial waste into a POTW.
(28) “Industrial waste” means any solid, liquid, chemical or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(29) “Industrial waste permit” means a permit to deposit or discharge industrial waste into any sanitary sewer, as issued by the POTW.
(30) “Influent” means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(31) “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.
(32) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. Therefore is a cause of a violation of any requirement of the POTW' s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal.
(33) “Maximum daily discharge limitations” means the highest allowable daily discharge.
(34) “May” shall indicate a discretionary condition.
(35) “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, dialysis wastes and radiation wastes.
(36) “New source” means 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, which will be applicable to such source if such standards are thereafter promulgated in accordance with such section, provided that:
A. The building, structure, facility or installation is constructed at 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.
D. 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 divisions (36)B. or C. of this section, but otherwise alters, replaces or adds to the existing process or production equipment.
E. Construction of a new source has commenced if the owner or operator has begun or caused to begin, as part of a continuous on-site construction program, any placement, assembly or installation of facilities or equipment or significant site preparation work, including the 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 entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in 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 division.
(37) “Non-significant industry” means an industry which:
A. Has a flow of less than 25,000 gallons per day;
B. Does not have, in its wastes, toxic pollutants, as defined pursuant to Section 307 of the Act or State statutes and rules; or
C. Does not have the ability, in the opinion of the Director, to adversely affect operations of the POTW.
(38) “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 Pub. L. 92-500.
(39) “O and M” means operation and maintenance.
(40) “Orders” means the letter, issued by the Director, setting forth conditions for the discharge of the POTW pursuant to this chapter.
(41) “Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances, except sewage and industrial wastes.
(42) “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 permit, including an increase in the magnitude or duration of a violation.
(43) “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 shall include the feminine, and the singular shall include the plural, where indicated by the context.
(44) “Pollutant” means any substance discharged into a POTW or its collection system, 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 or its successor.
(45) “Pollutant parameters”:
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 20°C. The laboratory determinations shall be made in accordance with procedures set forth in division (59) of this section.
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 division (59) of this section.
C. “Fecal coliform” means any of a number of organisms common to the intestinal tract of humans 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.
E. “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 laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with division (58) of this section.
F. “Grease and oil of animal and vegetable origin” means substances that are less readily biodegradable in nature, such as those discharged by meat packing, vegetable oil and fat industries, food processors, canneries and restaurants.
G. “Grease and oil of mineral origin” means substances that are less readily biodegradable than grease and oil of animal or vegetable origin and that are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.
H. “pH” means the logarithm (base ten) of the reciprocal of the hydrogen ion concentration of a solution, expressed in gram atoms per liter of solution, expressed in standard pH units.
I. “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.
J. “Total solids” means the sum of suspended and dissolved solids.
K. “Volatile organic matter” means the material in sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes, and any other pollutant parameters (e.g. nitrites, nitrates, temperature, phenols, TKN, phosphates, color, pesticides, toxicity or odor), but not limited to those mentioned, as deemed appropriate by the City.
(46) “Pollution” means an alteration of the quality of the waters of the State by waste to a degree which the Ohio EPA determines unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses, or the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(47) “POTW” means publicly-owned treatment works and the sewers and conveyance appurtenances discharging thereto.
(48) “Pretreatment” 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.
(49) “Pretreatment requirements” means any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user.
(50) “Receiving stream” means the watercourse, stream or body of water receiving the waters finally discharged from the POTW.
(51) “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.
(52) “Sewage” means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other wastes as may be present.
(53) “Sewer” means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(54) “Shall” is mandatory.
(55) “Significant industrial user” means:
A. Except as provided in division B. of this definition, “significant industrial user” includes:
1. Industrial users subject to categorical pretreatment standards; and
2. 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 5% or more of the average dry weather hydraulic or organic capacity of the POTW's treatment plants; or has a reasonable potential, in the opinion of the Director, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The Director may, at any time, on his or her 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 standard or requirement.
(56) “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 and 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act, Pub. L. 94-580, or their successors.
(57) “Slugload” means any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
(58) “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.
(59) “Standard Methods” means 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 Environment Federation.
(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 Pub. L. 92-500 or its successor.
(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 effects.
(62) “Unpolluted water” means water of a quality equal to or better than the effluent criteria in effect, or water that would not cause a violation of receiving water quality standards and would not be benefitted 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 preventative maintenance or careless or improper operation thereof.
(64) “U.S. Environmental Protection Agency” or “State EPA” means the U.S. Environmental Protection Agency or the Ohio Environmental Protection Agency, respectively, or, where appropriate, the terms may also be used as designations for the respective administrators or other duly authorized officials of such agencies.
(65) “User” means any person that discharges or causes or permits the discharge of wastewater into the POTW.
(66) “Wastewater” means industrial waste or sewage or any other waste, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW.
(67) “Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological and radiological parameters of wastewater, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(68) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 180-06. Passed 1-4-07; Ord. 102-11. Passed 2-3-11.)