920.02 DEFINITIONS.

   (a)    Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

(1)    "Authorized representative of industrial user" means:

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.

(2)    "B.O.D." (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade (20° C.), expressed in milligrams per liter by weight.

(3)   "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.

(4)    "Building sewer" means the extension from the building drain to the public sewer or other place of disposal, also called house connection.

(5)    "Chemical oxygen demand" (COD) means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures expressed in milligrams per liter.

(6)    "City" means the City of Marietta, County of Washington, State of Ohio.

(7)    “City Board of Health” means the City of Marietta Health Department.

(8)    "City Engineer" means the City Engineer of the City of Marietta, Ohio.

(9)    "Combined sewer" means a sewer receiving both surface run-off and wastewater.

(10)   “Composite sample” means a sample that should contain a minimum of eight discrete samples taken at equal time intervals over the compositing period. More than the minimum number of discrete samples shall be required where the wastewater loading is highly variable.

(11)   “Debt service charge” means a charge levied on the users of the wastewater treatment works for the cost of the principal and interest payments on the City’s share of the wastewater treatment works construction.

(12)   “Discharger-industrial discharger” means any nonresidential 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.

(13)   “Domestic” means a residential user of the wastewater treatment works.

   Domestic wastes are defined as wastes originating from sanitary conveniences. Domestic wastes do not include trade or process wastes.

(14)   “Federal Act” or “Act” means the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and Clean Water Act (33 U.S.C. 1251 et seq.) and standards promulgated by the U.S. Environmental Protection Agency pursuant to the act.

(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 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.

(17)   “Indirect discharge” means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into a POTW.
(Ord. 239(86-87). Passed 7-2-87.)

(18)   “Industrial user” or “industry” means any nongovernmental user of POTW identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, who discharges liquid, solid or gaseous wastes resulting from the processes employed in industrial or manufacturing activities, or from the development, recovering or processing of any natural resource under the following divisions:

Division A.   Agriculture, Forestry and Fishing.

Division B.   Mining.

Division D.   Manufacturing.

Division E.   Transportation, Communications, Electric, Gas and Sanitary Services.

Division I.   Services.

   A user in the Divisions listed shall be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

   The above definition of “industrial user” shall be carefully examined with reference to the Industrial Classification Manual. The definition includes those manufacturing and processing enterprises which are commonly regarded as industries, but also shall include businesses such as laundries, restaurants, and filling stations, which may not commonly be regarded as industries.

(Ord. 45(00-01). Passed 4-20-00.)

(19)   “Industrial waste” means the solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from processing of natural resources.

(20)   “Intercepting sewer” means a sewer intended to receive flow from both combined sewers and sanitary sewers; or a sewer whose primary purpose is to transport wastewater from collector (local) sewers to a wastewater treatment plant.

(21)   “Interference” means an inhibition or disruption of the wastewater treatment processes or operations which contributes to a violation of any requirement of the City’s NPDES permit. The term includes prevention of wastewater sludge use or disposal by the treatment plant 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, the Clean Air Act, the Toxic Substance Control Act or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV or the Solid Waste Disposal Act) applicable to the method of disposal of use employed by the City.

(22)   “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.

(23)   “NPDES Permit”, means a “National Pollutant Discharge Elimination System Permit”, issued pursuant to Part 125 of the Federal Act which means any permit or equivalent document or requirements issued by the State Water Pollution Control Agency to regulate the discharge of pollutants.

(24)   “O and M” means operation and maintenance.

(25)   “Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except wastewater and industrial wastes.

(26)   “Owner” or “person” means any individual, firm, company, association, society, corporation or group.

(27)   “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(28)   “Plumbing Inspector” means the Plumbing Inspector of the City of Marietta, Ohio, City Board of Health.

(Ord. 239(86-87). Passed 7-2-87.)

(29)   “Pollutant” means any substance discharged into a POTW or its collection system, as defined in standards issued pursuant to Section 307(a) of the Act.
(Ord. 164(90-91). Passed 2-21-91.)

(30)   “POTW - Publicly Owned Treatment Works” means wastewater treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.

(31)    "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.

(32)    "Private sewer" means a sewer constructed and serving individual owners or persons under private ownership.

(33)    "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

(34)    "Public sewer" means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

(35)    "Sanitary sewer" means a sewer which carries wastewater and wastes and to which storm, surface and ground waters are not intentionally admitted.

(36)    "Sanitary sewer charge" means the aggregate of rate increments established by separate revenue systems, that is, user charges, extra strength surcharges and debt service charges (operation, maintenance, replacement and administration).

(Ord. 239(86-87). Passed 7-2-87.)

(37)    "Service Director" and "Director" mean the Director of Public Safety and Service of the City of Marietta, Ohio, or his authorized deputy, agent, or representative.

(Ord. 289(90-91). Passed 10-3-91.)

(38)    "Sewer" means a pipe or conduit for carrying wastewater.

(39)    "Shall" is mandatory; "may" is permissive.

(40)    "Sludge" means any solid, semi-solid 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, 405 of the Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act (PL 94-580).

(41)    "Slug" or "slugload" means any pollutant, including oxygen-demanding pollutants (BOD, etc.) 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 flows during normal operation or of such volume or strength as to cause interference to the POTW.

(42)    "Source" means the total discharge from a plant, commercial business or residential location.

(43)    "Standard Methods" means the laboratory procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Associations.

(44)    "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, excluding wastewater.

(45)    "Surcharge" means the assessments 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 wastewater.

(46)    "Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and as referred to as nonfilterable residue.

(47)    "Toxic pollutants" means those substances referred to in Section 307(2) of the Act as well as any other known potential substances capable of producing toxic effects.

(48)    “Unpolluted drainage” means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of the receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater works provided.

(49)    "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendix A hereto 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.

(50)    "User charge" means a charge levied on users of the wastewater treatment works for the cost of operation, maintenance and replacement of such works.

A.    Operation and maintenance means the administration, monitoring, inspections, reviewing applications, maintenance of equipment and treatment and collection of wastewaters, necessary to assure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long term facility management.

B.    Replacement means the obtaining and installing of equipment, accessories or appurtenances necessary during the service life of the POTW to maintain the capacity and performance for which such works were designed and constructed.

(51)    "User class" means any class of users of the wastewater works, defined as follows:

A.    "Residential user" means any user that discharges wastes from sanitary conveniences to the sanitary sewer system. A residential user can mean, but is not limited to, dwelling units, commercial establishments and institutional facilities.

B.    "Industrial user" means any nongovernmental user discharging a trade or process waste to a publicly owned treatment works as identified as a "Division A, B, D, E or I" industry in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented. A user in the Division A, B, D, E or I may be excluded if it is determined that the industry will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

(52)    "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.

(53)    "Wastewater" means water-carried human wastes or combination of water- carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

(54)    "Wastewater works" means all facilities for collecting, pumping, treating and disposing of wastewater.

(55)    "Wastewater treatment plant" means any arrangement of devices and structures used for treating wastewater.

(Ord. 239 (86-87). Passed 7-2-87.)