Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
ACT. The Clean Water Act (33 U.S.C. §§ 1251 et seq.), as amended; as well as any guidelines, limitations, definitions and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which nondomestic users shall be required to comply with.
APPROVAL AUTHORITY. 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. The State of Ohio is an NPDES state with an approved state pretreatment program.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE DISCHARGER may be:
(a) If the discharger is a corporation:
(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 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 that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, initiates and directs 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 regulations; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the discharger is a partnership or sole proprietorship: a general partner or proprietor respectively.
(c) If the discharger is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(d) The individuals described in divisions (a) through (c) of this definition, above, may designate a DULY AUTHORIZED REPRESENTATIVE if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the authority.
AVERAGE MONTHLY DISCHARGE LIMITATION. 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.
AVERAGE WEEKLY DISCHARGE LIMITATION. 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.
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 or intangible, as specified by state or federal law.
BEST MANAGEMENT PRACTICES (BMP). The schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the prohibitions listed in § 949.03(a). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BYPASS. The intentional diversion of wastestream from any portion of a discharger’s treatment facility.
CITY. The City of Mason who shall be the governmental entity enacting and enforcing this chapter.
COMPATIBLE POLLUTANTS. Pollutants which the treatment plant was designed to treat which are BOD, SS, phosphorus and fecal coliform bacteria.
COMPLIANCE DATE. The date set for completion of the compliance schedule issued with the permit.
COMPOSITE SAMPLE. A sample containing 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.
DAILY DISCHARGE. The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.
DIRECTOR. The Public Utilities Director of the municipality or his authorized deputy, agent or representative.
DISCHARGER. Any user which discharges wastewater into the POTW by mean of pipes, conduits, pumping stations, force mains and all constructed devices and appliances appurtenant thereto.
EASEMENT. An acquire land right of the specific use of land owned by others.
GARBAGE. Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
GRAB SAMPLE. A sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and without consideration of time.
GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all particles shall 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.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from a source regulated under § 307(b) and (c) of the Act, being 33 U.S.C. § 1347(b) and (c), into a POTW.
INDUSTRIAL USER. Any industrial or commercial manufacturing or processing facility that discharges industrial waste to a POTW.
INDUSTRIAL WASTE. 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.
INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
INTERFERENCE.
(1) An industrial discharge which, alone or in conjunction with discharges by other sources, both:
A. Inhibits or disrupts the publicly owned treatment works, its treatment process 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 National Pollutant Discharge Elimination System permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge disposal.
(2) The term includes prevention of sewage sludge use or disposal by the POTW.
MAJOR SIGNIFICANT INDUSTRY. An industrial user that:
(1) The user is subject to categorical pretreatment standards;
(2) The user discharges 25,000 gallons per day or more of process wastewater (process wastewater excludes sanitary, noncontact cooling and boiler blowdown wastewaters);
(3) The user contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant;
(4) The user’s discharge has a reasonable potential, in the judgment of the Director, to cause pass-through and/or interference at the POTW; or
(5) The user’s discharge into the POTW has caused or has the potential to cause any violation of the terms and conditions of any permit under which the POTW is operating, including plan approvals.
MAXIMUM DAILY DISCHARGE LIMITATIONS. The highest allowable “daily discharge.”
MAY. Indicates a discretionary condition.
MINOR SIGNIFICANT INDUSTRY. An industrial user that:
(1) Has wastewater flow of less than 25,000 gallons per average working day;
(2) Has flow less than 5% of the flow carried by the municipal system receiving the wastewater;
(3) Is found by the city, state of the U.S. Environmental Protection Agency (EPA) not 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; and/or
(4) Discharges less quantities of BOD, COD, suspended solids or other substances compatible with the wastewater treatment plant operational processes.
NATIONAL CATEGORICAL PRE- TREATMENT STANDARDS or CATEGORICAL PRETREATMENT STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of the industrial users.
NEW SOURCE. 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 § 307(c) of the Act, being 33 U.S.C. § 1347(c) which shall be applicable to the source if such 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 building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) 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.
NON-SIGNIFICANT CATEGORICAL INDUSTRY. An industrial user that:
(1) Does not discharge more than 100 gallons per day of total categorical wastewater that does not include sanitary, non-contact cooling and boiler blowdown wastewater unless it is specifically included in the categorical pretreatment standard.
(2) Does not discharge untreated concentrated wastewater, which is regulated by categorical pretreatment standards.
(3) Must submit an annual certification statement, with appropriate justification that indicates the facility:
A. Meets the requirements of a NON-SIGNIFICANT CATEGORICAL INDUSTRIAL user;
B. Is meeting all pretreatment standards and requirements; and
C. Did not discharge more than 100 gallons of total categorical wastewater on any day.
D. Include the following statements:
1. Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR Part (specify applicable part in 40 CFR), I certify that to the best of my knowledge and belief, during the period from (specify month, day and year) to (specify month, day and year);
2. The facility described as (insert facility name) met the definition of a non-significant categorical industrial user as described in paragraph (P) of rule 3745-3-01 of the Ohio Administrative Code;
3. The facility complied with all applicable pretreatment standards and requirements during the reporting period; and
4. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based upon the following information: Appropriate justifi-cation in support of this statement is required to be included with the certification statement. Appro- priate justification may include water billing records, production records, etc.
E. The Director will evaluate whether the discharger meets the criteria for a non-significant categorical industrial user at least once a year. The evaluation will be documented on the appropriate form.
NON-SIGNIFICANT INDUSTRY. An industrial user that:
(1) Has a wastewater discharge flow of less than 25,000 gallons per average working day;
(2) Is found by the city, state or the U.S. Environmental Protection Agency (EPA) to have no impact on the wastewater treatment system, the quality of sludge, the system’s effluent quality or air emissions generated by the system; and/or
(3) Discharges normal domestic quantities of wastewater which are compatible with the wastewater treatment plant operational processes.
NPDES PERMIT. 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 Pub. Law No. 92-500, § 402, being 33 U.S.C. § 1342.
O AND M. Operation and maintenance.
OTHER WASTES. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
PASS-THROUGH. A discharge which exits the POTW into waters of the state 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.
PERSON. 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.
POLLUTANT. Any substance discharged into a POTW or its collection system, listed in Appendix A hereto, 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 § 307(a) of the Act, being 33 U.S.C. § 1347(a).
POLLUTANT PARAMETERS.
(1) BIOLOGICAL OXYGEN DEMAND (BOD) OF SEWAGE. Sewage means sewage effluent, polluted waters or industrial wastes shall mean 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 Standard Methods.
(2) CHEMICAL OXYGEN DEMAND (COD). Sewage means sewage effluent, polluted waters or industrial wastes is 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.
(3) FECAL COLIFORM. 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.
(4) FLOATABLE OIL. Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(5) GREASE AND OIL. 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.
(6) GREASES AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances that are not readily biodegradable in nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
(7) GREASES AND OIL OF MINERAL ORIGIN. 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.
(8) pH. 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.
(9) SUSPENDED SOLIDS. 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.
(10) TOTAL SOLIDS. The sum of suspended and dissolved solids.
(11) VOLATILE ORGANIC MATTER. The material in the sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
(12) Any other pollutant parameter deemed appropriate.
POLLUTION. 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.
POTW. Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the city.
PRETREATMENT. 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.
(Ord. 93-17; passed 2-22-1993.)
PRETREATMENT STANDARDS AND/OR REQUIREMENTS. All applicable federal, state and local standards and/or requirements related to pretreatment imposed on a discharger. Also referred to as LOCAL LIMITS.
(Ord. 93-77; passed 7-12-1993.)
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the POTW.
SEVERE PROPERTY DAMAGE. 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.
SEWAGE. Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.
SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
SHALL. Mandatory.
SIGNIFICANT NONCOMPLIANCE. Any significant industrial user that violates any of the following criteria or any other industrial discharger that violates divisions (3), (4) or (8) below:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in this chapter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) 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;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 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;
(6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on adherence to compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of best management practices (BMP), which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
SLUDGE. 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 §§ 402 and 405 of the Federal Act, being 33 U.S.C. §§ 1342 and 1345,
and in the applicable requirements under the Solid Waste Disposal Act, Pub. Law No. 94-580, §§ 3001, 3004 and 4004, being U.S.C. §§ 6921, 6924 and 6949.
SLUGLOAD. The discharge of any pollutant, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which will affect the collection system and/or performance of the wastewater treatment works and which will cause interference, as previously defined hereof, or pass-through as previously defined in hereof.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STANDARD METHODS. 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.
TOXIC AMOUNT. 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 Pub. Law No. 92-500, § 307(a), being 33 U.S.C. § 1347(a).
TOXIC POLLUTANT. Those substances referred to in § 307(a) of the Act, being 33 U.S.C. § 1347(a), as well as any other known potential substances capable of producing toxic effects.
UNPOLLUTED WATER. Water of a quality that has not been altered chemically, physically, biologically or radiologically by man or that would benefit by discharge to sanitary sewers and subsequent wastewater treatment.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter 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 preventative maintenance or careless or improper operation thereof.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States 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.
USER. Any person that discharges, causes or permits the discharge of wastewater into the POTW.
WASTEWATER. Industrial waste or sewage or any other waste that is discharged to the POTW.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS. 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, quantity and strength of wastewater.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 93-17, passed 2-22-1993; Ord. 2012-63, passed 9-10-2012; Ord. 2015-22, passed 2-23-2015)