(a) Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(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 treatment standard" means any pretreatment limit or prohibitive standard (Federal and/or local) contained in this chapter deemed to be the most restrictive which nondomestic users will be required to comply with.
(3) "Approval authority" means the Director of the Ohio Environmental Protection Agency (Ohio EPA).
(4) "Authorized Representative of discharger means:
A. 1. 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 the corporation or;
2. The manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which 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 insure that the necessary systems are established or actions taken to gather complete and accurate information for permit requirements: and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. A general partner or proprietor if the industrial user submitting the reports required by Section 922.09
is a partnership or sole proprietorship respectively.
C. A duly authorized representative of the individual designated in paragraphs A and B of this chapter if:
1. The authorization is made in writing by the individual described in paragraphs A or B of this chapter; and
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters of the company; and
3. The written authorization is submitted to the City.
D. If an authorization under paragraph C is no longer accurate because a different individual or position has responsibility for overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph C must be submitted to the City prior to or together with any reports to be signed by an authorized representative.
(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" include, but are 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 and intangible, as specified by State or Federal law.
(8) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility as per 40 CFR 403.17(a).
(9) "Categorical Pretreatment Standards" means the National Pretreatment Standards specifying quantities or concentration of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
(10) "City" means the City of Marietta who shall be the governmental entity enacting and enforcing this chapter.
(11) "Composite sample" shall 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.
(12) "Daily discharge" means the discharge or a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling.
(13) "Service Director" and "Director" means the Director of Public Safety and Service of the City of Marietta, Ohio, or his authorized deputy, agent, or representative, and "Superintendent" means the Wastewater Superintendent.
(14) "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, or intercepting ditches and all constructed devices and appurtenances thereto.
"Dry discharger" means a contributor that meets all of the following criteria:
A. Discharges only sanitary waste.
B. Has no reasonable potential for toxic spills to the wastewater collection system.
C. Does not affect the wastewater treatment plant either by the quantity or quality of the discharge.
(15) "Dry discharger" means a contributor that meets all of the following criteria:
A. Discharges only sanitary waste.
B. Does not have reasonable potential to violate pretreatment standards or cause pass through or interference.
C. Does not affect the wastewater treatment plant either by the quantity or quality of the discharge.
(16) "Easement" means an acquired legal right of the specific use of land owned by others.
(17) "Garbage" means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(18) "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.
(19) "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.
(20) "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.
(21) "Industrial user" means any industrial or commercial establishment manufacturing or processing facility that discharges industrial waste to a POTW. The classifications of industrial users are based on (but not limited to) flow, industrial process, raw materials, production wastes, required or existing pretreatment facilities, residue disposal, potential wastewater contributions and spill potential.
(22) "Industrial waste" means any solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(23) "Industrial waste permit" means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
(24) "Influent" means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(25) "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 2, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
(26) "Significant industrial user" means:
A. Except as provided in subsection (a)(26)B. hereof, the term "significant industrial user" includes:
1. All 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 five percent (5%) or more of the average dry weather hydraulic or organic capacity in the opinion of the Superintendent, to adversely affect the POTW's operation or for violating any pretreatment standard's or requirement.
B. The Superintendent may at any time, on its own initiative or in response to petition received from an industrial user, determine that a non-categorical 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 requirements.
(27) "Maximum daily discharge limitations" means the highest allowable daily discharge.
(28) "May" indicates a discretionary condition.
(29) "Minor industrial user" means a contributor that meets all the following criteria:
A. Has a flow between 10,000 and 25,000 gallons per average workday;
B. Does not have reasonable potential to violate pretreatment standards or cause pass through or interference.
C. Is found by the City, State, or the U.S. Environmental Protection Agency (EPA) to not have a significant impact, either singly or in combination with other industries on the waste treatment system, the quality of sludge, the systems effluent quality or air emission generated by the system.
(30) "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.
(31) "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 or under 40 CFR 403.3(k) 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 at a site at which no other source is located; or
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.
(32) "Non-significant industrial user" means a contributor that meets all the following criteria:
A. Has a flow of less than 10,000 gallons per average workday;
B. Does not have reasonable potential to violate pretreatment standards or cause pass through or interference.
C. Is found by the City, State or the U.S. Environmental Protection Agency (EPA) to not have a significant impact either singly or in combination with other industries on the waste treatment system, the quality of sludge, the systems effluent quality or air emission generated by the system.
(33) "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.
(34) "Orders" means the letter issued by the POTW setting forth conditions for the discharge of pollutants to the POTW pursuant to this chapter.
(35) "O and M" means operation and maintenance.
(36) "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.
(37) "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).
(38) "Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or Private Corporation, partnership, co-partnership, 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, the singular shall include the plural where indicated by the context.
(39) “POTW" means Publicly Owned Treatment Works and shall mean any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(40) "Pollutant" means any substance discharged into a POTW or its collection system, listed in40 CFR 423.17 Appendix A Priority Pollutants List and Appendix B Local Limits hereto, (or any substances which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutation or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act).
(41) Pollutant parameters.
A. "Biological Oxygen Demand (BOD)" of sewage, sewage effluent, pollutant 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 Celsius. The laboratory determinations 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 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 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 the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with "Standard Methods".
F. "Grease and oil of animal and vegetable origin" means substances that are less readily biodegradable in nature such as are discharged by meatpacking, 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 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 (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
I. "Suspended solids" means solids which either float on the surface of or are in suspension in water, sewage or other liquid or 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".
J. "Total solids" means the sum of suspended and dissolved solids.
K. “Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Celsius for fifteen to twenty minutes.
L. Any other pollutant parameter deemed appropriate.
(42) "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.
(43) "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.
(44) "Pretreatment requirements" means any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(45) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the POTW.
(46) "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 waters as may be present.
(47) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(48) "Shall" indicates a mandatory condition.
(49) "Significant noncompliance." For the purposes of this provision, a significant or non-significant industrial user is in significant noncompliance if its violations meet one or more of the following criteria: 40 CFR 403.8
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for a same pollutant parameter at any permitted monitoring point as defined in OAC 3745-3-03(c)(2)(h)(i-ii) during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(i);
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for the same pollutant parameter at any permitted monitoring point as defined in OAC 3745-3-03(c)(2)(h)(i-ii) taken during a six month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits as defined by 40 CFR 403.3(i) by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(i)(daily maximum or longer term average) that the POTW determines has caused, alone or in combination with other Discharges, Interference or Pass Through ( including endangering the health of POTW personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority under paragraph (f)(I)(vi) of 40 CFR 403.8(D) to halt or prevent such a discharge;
E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations, may include a violation of Best Management Practices, will adversely affect the operation or implementation of the City's local pretreatment program.
(50) "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 Sections 402 and 405 of the Federal Act and in applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
(51) "Slug load" or a "slug discharge" means 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 as defined in OAC 3745-3-03(c)(2)(f)
(52) "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.
(53) "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.
(54) "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 pursuant to Section 307(a) of PL 92-500.
(55) "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.
(56) "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 be benefited by discharge to sanitary sewers and wastewater treatment facilities provided.
(57) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with standards set forth in 40 CFR 403.16, 40 CFR 423.17 Appendix A Priority Pollutants List and Appendix B Local Limits hereto, the industrial users permit, and the City sewer use provisions in Chapter 920
, due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof.
(58) "U.S. 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.
(59) "User" means any person that discharges, causes or permits the discharge of wastewater into the POTW.
(60) "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.
(61) "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(62) “Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(63) "Food Service Facilities" shall mean facilities that consist of all needed equipment and are fully functional to provide food service beginning immediately.
(64) "Publicly owned treatment works" or "POTW" means the treatment works that is owned or operated by the City of Marietta as defined in OAC 3745-3-01(x) This definition includes any devices or 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.
(Ord. 285(16-17). Passed 6-15-17.)
(Ord. 285(16-17). Passed 6-15-17.)