(a)   As used in this chapter:
      (1)   “B.O.D.” (denoting biochemical oxygen demand) means the quantity of oxygen, expressed in milligrams per liter, utilized in five days, at twenty degrees Centigrade, in the biochemical oxidation of organic matter under standard laboratory procedure, as prescribed in Standard Methods for the Examination of Water and Wastewater, published by the American Water Works Association, the Water Pollution Control Federation and the American Public Health Association, Thirteenth Edition.
      (2)   “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 a building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
      (3)   “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.
      (4)   “City Engineer” means the City Engineer of Miamisburg or his or her duly authorized agent or representative.
      (5)   “City Manager” means the City Manager, as provided for under the City Charter, or his or her duly authorized agent or representative.
      (6)   “Compatible pollutant” means B.O.D., suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly- owned treatment works was assigned to treat such pollutants and in fact does remove such pollutants to a substantial degree.
      (7)   “Debt service charge” means that money used to defray costs associated with capital, i.e. principal, interest, coverage and reserves for contingencies (if applicable).
      (8)   “Finance Director” means the Finance Director of the City, as provided for under the City Charter, or his or her duly authorized agent or representative.
      (9)   “Garbage” means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products.
      (10)   “Incompatible pollutant” means any pollutant which is not a compatible pollutant.
      (11)   “Industrial cost recovery charge” means that amount assessed against each industrial user to repay that portion of all Federal grant amounts allocable to the treatment of industrial wastes from the industrial users of the wastewater facilities in proportion to the capacity of such facilities committed to their use.
      (12)   “Industrial user” means any nongovernmental user of the treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, published by the Federal government, as amended and supplemented under the following divisions:
         Division A    -    Agriculture, Forestry and Fishing
         Division B    -    Mining
         Division D    -    Manufacturing
         Division E    -    Transportation, Communication, Electric, Gas and Sanitary Services
         Division I    -    Services
         A user in the divisions listed above may be excluded from this definition if it is determined by the City that such user will introduce primarily segregated domestic waste or wastes from sanitary conveniences and if the industrial user is discharging the equivalent of 25,000 gallons per day or less of sanitary waste, provided the waste discharge does not contain any pollutants which:
         A.   Interfere with treatment works processes;
         B.   Are incompatible; or
         C.   Contaminate or reduce the utility of the sludge of the treatment works.
      (13)   “Industrial wastes” means liquid wastes from industrial processes as distinct from sanitary sewage, resulting from any commercial, manufacturing or industrial operation or process. However, such term is not to be construed as meaning any solids, sludge or paunch, any grease that congeals or becomes solidified or any matter that emits offensive odors.
      (14)   “Maintenance cost” means those costs, including costs of labor, materials, supplies, equipment, accessories and appurtenances, that are required to maintain the capacity and performance of the wastewater treatment plant, during the service life of such plant, according to the design and construction of such plant.
      (15)   “Major contributing industry” means an industrial user of the publicly- owned treatment works to which any of the following apply:
         A.   Has a flow of 50,000 gallons or more per average work day;
         B.   Has greater than five percent of the flow carried by the wastewater collection system receiving the waste;
         C.   Has in its waste a toxic pollutant in amounts as defined in standards issued under Section 307 (a) of PL 02-500; or
         D.   Is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly-owned treatment works receiving the waste, to have significant impact, either singly or in combination with other contributing industries, on such treatment works or upon the quality of effluent from such treatment works.
      (16)   “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
      (17)   “NPDES permit” means the National Pollutant Discharge Elimination System Permit, as issued by the State of Ohio Environmental Protection Agency under authorization issued by the U.S. EPA, Region 5, August 7, 1981.
      (18)   “Operating cost” means those costs, including the cost of labor, materials, supplies, equipment, accessories and appurtenances required to operate the wastewater treatment plant at the level of performance required by the NPDES permit.
      (19)   “Person” means any individual, firm, company, association, society, corporation or group.
      (20)   “pH” means the logarithm of the reciprocal of hydrogen ion concentration. The hydrogen ion concentration is the weight of hydrogen ions, expressed in grams per liter of solution.
      (21)   “Properly shredded garbage” means wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried under the flow conditions normally prevailing in the public sewer, with no particle greater than one-half inch in any dimension.
      (22)   “Public sewer” means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
      (23)   “Replacement cost” means the cost of obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The terms “operation cost” and “maintenance cost” include replacement cost.
      (24)   “Residence” means a building or house erected or constructed on any lot, parcel of land or premises and used primarily for dwelling purposes, with a lawn adjacent thereto.
      (25)   “Sanitary sewage” means the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, basement floor drains, garage floor drains, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains and stable floor drains.
      (26)   “Sanitary sewer” means a sewer that carries liquid and/or water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
      (27)   “Segregated domestic wastes” mean wastes which are characterized by a per capita discharge of 100 gallons/day at a loading of 200 mg/l BOD and 250 mg/l SS, commonly termed normal domestic sewage and discharges from sanitary conveniences.
      (28)   “Service charge” means the user charge, plus the debt service charge.
      (29)   “Sewage” means a combination of water-carried wastes from residences, commercial buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
      (30)   “Sewage treatment plant” and “treatment plant” mean an arrangement of devices and structures used for treating sewage.
      (31)   “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.
      (32)   “Sewer” means a pipe or conduit for carrying sewage.
      (33)   “Shall” is mandatory; “may” is permissive.
      (34)   “Storm sewer” and “storm drain” mean a sewer or drain which carries or disposes of storm and surface waters and drainage, but which excludes sewage and polluted industrial wastes.
      (35)   “Suspended solids” and “SS” mean solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
      (36)   “Treasurer” shall be used interchangeably with “Finance Director” as heretofore defined.
      (37)   “User charge” means that amount paid by each owner of structures connected to the treatment works proportionate to the service provided. This charge shall cover all operation, maintenance and replacement costs for the facilities.
      (38)   “User class” means any of the following, where the user charge system is applicable:
         A.   Industrial user.
         B.   Residential user.
         C.   Commercial user.
         D.   Governmental user.
         E.   Institutional user.
(Ord. 3668. Passed 6-18-85.)