935.02 DEFINITIONS.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(1) "Authorized representatives of industrial user" must be at least one of the following: a principal executive officer of at least the level of Vice-President, if the industrial user is a corporation; a general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; a duly authorized representative of the individual designated above; and authorized to make management decisions that govern the operation of the facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing comprehensive measures to assure long-term environmental compliance with environmental laws and regulations.
(2) "B.O.D." (denoting Biochemical Oxygen Demand) 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 (mg/l) milligrams per liter by weight.
(3) "Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(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 the building and conveys it to the building sewer, beginning three feet outside the inner face of the building wall.
(5) "Building sewer" means the extension from the building to the public sewer or other place of disposal, also called "house connection".
(6) "Categorical Pretreatment Standard" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial discharges that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(7) "City" means the City of Mansfield, County of Richland, State of Ohio.
(8) "City Engineer" means the City Engineer, assistant engineers or designated representatives.
(9) "Combined sewer" means a sewer receiving both surface run-off and sewage.
(10) "Composite sample" means a sample that should contain a minimum of eight discrete samples taken at equal time intervals proportional to the flow rate over the composting period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable. Any alternate sampling methods must be justified with the City and be incorporated into the industrial user's permit.
(11) "Discharger" means any industrial user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches and all constructed devices and appliances appurtenant thereto.
(12) "Environmental Compliance Supervisor" (EC Supervisor) means the person designated by the Plant Manager to be the primary contact between the Industrial Users and the POTW.
(13) "Explosivity" and/or "fire" means no person shall discharge, or cause to be discharged, any of the following described waters or wastes to any public sewer: Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test method specified in 40 CFR 261.21.
(14) "Federal Act" or "Act" means the Federal Water Pollution Control Act also known as the Clean Water Act as amended, 33 U.S.C. 1251 et seq.
(15) "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
(16) "Grab sample" means an individual sample collected over a period of time not exceeding fifteen minutes. Grab samples must be used for pH, hexavalent chromium, Cyanide, Total Phenols, Oil & Grease, Sulfide and Volatile Organic Compunds.
(17) "Indirect discharge" means the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307 (b), (c) or (d) of the Act.
(18) "Industrial user" means a source of indirect discharge.
(19) "Industrial wastes" means any liquid, gaseous, or solid waste substance resulting from any process of industry, manufacture, trade, or business, or from the development, processing or recovery of any natural resource, together with such sewage is present.
(20) "Intercepting sewer" means a sewer intended to receive flows from both combined and sanitary sewers; or a sewer whose primary purpose is to transport wastewater from collector (local) sewers to a sewage treatment plant.
(21) "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 in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations
contained in any State Sludge Management Plan prepared pursuant to Subtitle D of the SWDA), the Clean Water Act, the Toxic Substance Control Act, and the Marine Protection, Research and Sanctuaries Act.
(22) "Natural outlet" means any outlet into a watercourse,pond, ditch, lake or other body of surface or ground water.
(23) "National Pretreatment Standard" or "Pretreatment Standards" or "Standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established in Section 403.5 of the Act.
(24) "New discharger" shall mean any owner that becomes an industrial user of the POTW after the effective date of this section.
(25) "New source":
A. Means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards under Section 307 (c) of the Act which will be applicable to such a source if 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 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 plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
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 subsection (25)A.1. or A.2. hereof but otherwise alters, replaces, or adds to existing process or production equipment.
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 on-site construction program.
a. Any placement, assembly, or installation of facilities or equipment; or
b. 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.
(26) "NPDES Permit" means National Pollutant Elimination System Permit, a permit issued to a POTW pursuant to Section 402 of the Act.
(27) "O & M" means operation and maintenance.
(28) "Oil and grease" 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".
A. "Floatable oil" means oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
B. "Grease and oil of animal and vegetable origin" means substances that are not readily biodegradable in 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 or vegetable origin and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station waste, petroleum refinery wastes and storage depot wastes.
(29) "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.
(30) "Owner" or "person" means any individual, firm, company, partnership, association, society, corporation or group.
(31) "Pass through" means a discharge which exits from the POTW into U.S. waters 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).
(32) "Permit to discharge" means a permit (or document) issued to Commercial, Business, or Industrial Users discharging nondomestic wastewater. The permit contains reporting requirements and discharge limitations for specific parameters that must be met along with requirements found in this chapter. Each discharge permit will indicate Statement of Duration (in no case no more than five years.)
(33) "pH" means the logarithm of the reciprocal of weight of hydrogen ions in grams per liter of solution.
(34) "Plumbing Inspector" means Plumbing Inspectors as recognized by the Bureau of Building Codes and Permits.
(35) "Pollutant" means any substance discharged into a POTW or its collection system, listed in Appendices A and B of Ordinance 82-054.
(36) "POTW" or "Publicly Owned Treatment Works" means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act.) This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the Municipality as defined in Section 502(4) of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works.
(37) "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 discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by other means, except as prohibited by 403.6 (d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 403.6 (e).
(38) "Pretreatment requirements" shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, that is imposed on an industrial user.
(39) "Private sewer" means a sewer constructed and serving individual owners or persons under private ownership. "Semi-private sewer" means a sewer constructed and serving an industrial complex, trailer park or other similar entity situated on private property in which all occupants on the property have equal rights.
(40) "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.
(41) "Public sewer" means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.
(42) “Public Works Director" means the Public Works Director of the City or his authorized deputy, agent or representative.
(43) "Risk" means a significant possibility, as contrasted with a remote possibility, that a certain result may occur or that certain circumstances may exist.
(44) "Sanitary sewer" means a sewer which carries sewage and wastes to which storm, surface and ground waters are not intentionally admitted.
(45) "Septic tank wastes" means wastes from water closets, urinals, lavatories, sinks, garbage disposers, bathtubs, showers, privies, privy vaults, septic tanks, cesspools or household laundries resulting from an owner not having an authorized tap into the sanitary sewer system of the City and includes any waste removed from any private sewage system.
(46) "Service-Safety Director" means the Service-Safety Director of the City or his authorized deputy, agent or representative.
(47) "Sewage" means any liquid waste containing animal or vegetable matter in suspension or solution, and may include household wastes as commonly discharged from residences, commercial, institutional, or similar facilities.
(48) "Sewage works" means all facilities for collecting, pumping, treating and disposing of sewage.
(49) "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.
(50) "Sewer" means a pipe or conduit for carrying sewage.
(51) "Shall" is mandatory; "may" is permissive.
(52) "Significant industrial user" means:
A. Except as provided in subsection (52) B. hereof, the term "significant industrial user" means:
1. All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter n; and
2. Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater); contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)).
B. Upon a finding that an Industrial User meeting the criteria in subsection (52)A.2. hereof has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12(a)) may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that such industrial user is not a significant industrial user.
(53) "Significant Non-Compliance" (SNC) means violations for all industrial users, from all permitted monitoring points that exceed the Chronic and Technical Review Criteria as detailed in Section 935.12
(d).
(54) "Sludge" means any solid, semisolid or liquid waste generated by 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 Act, and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act (PL 94-580).
(55) "Slug" or "slugload" means any pollutant or 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.
(56) "Source" means the total discharge from a plant, commercial business or residential location.
(57) "Standard Methods" means the laboratory procedures set forth in the 1992 18th edition of "Standard Methods for the Examination of Water and Wastewater", published jointly by the American Water Works Association, American Public Health Association and the Water Pollution Control Federation.
(58) "Storm sewer" or "storm drain" means a sewer which carries storm and surface water and drainage, excluding sewage.
(59) "Surcharge" means the assessment in addition to the service charge which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
(60) "Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in water, sewage or other liquids, and which is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as non-filterable residue.
(61) "Toxic pollutants" means those substances capable of producing toxic effects on living organisms and shall include but not be limited to those substances in Appendix A of Ordinance 82-054.
(62) "Unpolluted drainage" 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 benefitted by discharge to the sanitary sewers and sewage works.
(63) "Upset" shall mean an exceptional incident which results in a discharge unintentionally and temporarily being in a state of noncompliance with the standards set forth in this chapter or which results in the introduction of biological demand materials or suspended solids in concentrations which cause damage or interference or passthrough of the POTW 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) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(65) "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.
(66) "Wastewater Treatment Plant Manager" (Plant Manager) means The person designated by the City to supervise the operation of the POTW, and who is charged with the duties and responsibilities by this ordinance. The term also means a Duly Authorized Representative of the Plant Manager.
(Ord. 16-172. Passed 8-2-16.)