(a) The purpose of this chapter is to set forth uniform requirements for dischargers into the City's wastewater collection and treatment systems, and to enable the City to protect public health in conformity with all applicable local, state, and federal laws relating thereto.
(b) The objectives of this chapter are:
(1) To prevent the introduction of pollutants into the City wastewater system which will interfere with the normal operation of the system or contaminate the resulting Municipal sludge;
(2) To prevent the introduction of pollutants into the City wastewater system which do not receive adequate treatment in the City's wastewater treatment facilities, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
(c) Definition. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter shall have the meanings hereinafter designated:
(1) "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(2) "Approval Authority" means 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.
(3) “Best Management Practices (BMP)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04 - General Discharge Prohibitions. BMP’s 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) "Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20o centigrade expressed in terms of weight and concentration (milligrams per liter [mg/1].
(5) "Building Sewer" means a sewer conveying wastewater from the premises of a User to the POTW.
(6) "Bypass" means the intentional diversion of waste streams from any portion of an Industrial User's treatment facility.
(7) "Categorical Standards" means National Categorical Pretreatment Standards or Pretreatment Standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the sewage treatment system by specific industrial users.
(8) "City" means the City of Massillon or the City Council of Massillon.
(9) “Compatible Pollutant” includes biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria and e. coli bacteria, plus additional pollutants identified by the City’s National Pollutant Discharge Elimination System (NPDES) Permit, providing the City’s Treatment system is designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.
(10) “Cooling Water” or “Industrial Cooling Water” means the unpolluted water discharged from any system of condensation, air conditioning cooling, refrigeration, or to which the only pollutant added is heat, or other similar use which meet the criteria established by the OEPA for effluents discharged to watercourses at Massillon, Ohio.
(11) “Daily Maximum” means the arithmetic average of all effluent samples collected during a calendar day.
(12) “Daily Maximum Limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(13) "Direct Discharge" means the discharge of treated or untreated wastewater directly to the waters of the State of Ohio.
(14) "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.
(15) "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.
(16) "Holding Tank Waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
(17) “Incompatible Pollutant” means any pollutant which is not a compatible pollutant as defined in subsection (c)(9) hereof.
(18) "Indirect Discharge" means the discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
(19) "Industrial User" means a source of Indirect Discharge which does not constitute a "discharge of pollutants" under regulations issued pursuant to section 402, of the Act. (33 U.S.C. 1342).
(20) “Instantaneous Limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(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 Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Section 403.3(i).
(22) “Local Limit” means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(23) "Manager" means the person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
(24) “Monthly average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during the month.
(25) “Monthly Average Limit” 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.
(26) "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 and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.
(27) A. “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 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;
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.
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 Section (a)(1) or (2) above, 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 onsite 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 are 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.
(28) "National Pollution Discharge Elimination System or NPDES Permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
(29) “Normal Strength Sewage or Waste” means sewage or waste used for the purpose of determining surcharge means. Normal strength sewage or waste means having an average daily suspended solids concentration of not more than 300 mg/L, an average daily BOD concentration of not more than 300 mg/L, and not containing any of the characteristics in excess of the limitations as prohibited and established by Section 925.20.
(30) “OEPA” means Ohio Environmental Protection Agency.
(31) “Oil and Grease” means fats, grease, oil, wax, or other material which is extractable from an acidified sample of a waste by hexane or other designated solvent.
(32) "Pass-through" means a discharge which exits the POTW into water 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). Section 403.3(n) of the General Pretreatment Regulations (40 CFR, Part 403).
(33) "Person" means individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any 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.
(34) "pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
(35) "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
(36) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
(37) "Pretreatment or Treatment" 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. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes other means, except as prohibited by 40 CFR, Section 403.6(d).
(38) "Pretreatment Requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(39) "Publicly Owned Treatment Works POTW" means a treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW.
(40) "POTW Treatment Plant" means that portion of the POTW designed to provide treatment to wastewater.
(41) "Safety-Service Director" means the Director of Public Safety and Service of the City of Massillon or his duly authorized representative.
(42) “Septic Tank Waste” means any sewage from holding tanks, such as vessels, chemical toilets, campers, trailers, and septic tanks.
(43) “Sewage” means human excrement and gray water (household showers, dishwashing operation, etc).
(44) "Shall" is mandatory; "May" is permissive.
(45) "Significant Industrial User."
A. Except as provided in part B. of this subsection, 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 wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential, in the opinion of the Safety-Service Director, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The Safety-Service Director may at any time, on its own initiative or in response to a petition received from an industrial user, determine that a noncategorical industrial user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
C. The City may determine that an Industrial User subject to categorical pretreatment standards is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non- contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:
1. The Industrial User, prior to the City’s finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
2. The Industrial User annually submits the certification statement required in Section 925.61, together with any additional information necessary to support the certification statement; and
3. The Industrial User never discharges any untreated concentrated wastewater.
D. Upon a finding that a User meeting the criteria in subsection (a) hereof has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment Standard or Requirement, the City may at any time, on its own initiate or in response to a petition received from an Industrial User, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such User should not be considered a Significant Industrial User.
(46) "Slug Loading or Slug Discharge” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 925.20 of the Ordinance. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW’s local limits or permit conditions.
(47) "State" means State of Ohio.
(48) "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.
(49) "Storm Water" means any flow occurring during or following any form of natural precipitation and resulting therefrom including snowmelt.
(50) “Surcharge” means the fee 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 strength.
(51) "Suspended Solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
(52) "Toxic Pollutants" means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other Acts.
(53) "Upsets" means an exceptional incident which creates a temporary non-compliance with permit limits due to the impacts of the incoming waste characteristics on the POTW treatment processes.
(54) "User" means any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
(55) "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities; and institutions, together with may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
(56) "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
(57) "Wastewater Discharge Permit" means as set forth in Section 925.32.
(d) Abbreviations. The following abbreviations shall have the designated meanings:
ANSI: American National Standards Institute.
ASTM: American Society for Testing and Materials.
BMP: Best Management Practice
BMR: Baseline Monitoring Report
BOD: Biochemical Oxygen Demand.
CFR: Code of Federal Regulations.
COD: Chemical Oxygen Demand.
EPA: Environmental Protection Agency.
gpd: Gallons per day
IU: Industrial user.
L: Liter.
mg: Milligrams.
mg/l Milligrams per liter.
NPDES: National Pollutant Discharge Elimination System.
POTW: Publicly Owned Treatment Works.
SIC: Standard Industrial Classification.
SIU: Significant Industrial User
SNC: Significant non-compliance
SWDA: Solid Waste Disposal Act, 42, U.S.C. 6901, et. seq.
USC: United States Code.
TSS: Total Suspended Solids.
WPCF: Water Pollution Control Federation.
(Ord. 140-2012. Passed 1-22-13.)