For the purpose of this chapter, the following definitions shall apply, whether or not the term is capitalized:
(a) "Administrative Order" means an order issued by the Superintendent which contains a compliance schedule and conditions for the industrial discharger to achieve compliance with any provision of Chapter 905 or related rules of the Village.
(b) "Act" means the Clean Water Act, 33 U.S.C. Section 1251 et seq., as amended.
(c) "Applicable Pretreatment Standard" means the most restrictive pretreatment limit or prohibitive standard (federal, state and/or local), with which users of the POTW are required to comply.
(d) "Authorized Representative" means:
(1) If the discharger is a corporation:
A. The president, a corporate secretary or a vice president in charge of a principal business function; or
B. Any other person as defined by 40 CFR 403.12, authorized to bind the corporation concerning sewer use and industrial pretreatment program issues;
(2) If the discharger is a partnership or proprietorship, a general partner or proprietor;
(3) If the discharger is an individual or unincorporated association, a representative legally authorized to bind the individual or association concerning sewer use and industrial pretreatment program issues.
(e) "Bypass" means the intentional or unintentional diversion of wastestreams from any portion of the pretreatment treatment facility.
(f) "Categorical Discharger" means an industrial discharger who is subject to National Categorical Pretreatment Standards.
(g) "Compliance Schedule" means an established time frame outlining the tasks required and completion dates to achieve compliance with an order, Administrative Order, National Categorical Pretreatment Standard, Wastewater Discharge Permit or with any provision of this chapter or related rules of the Village.
(h) "Discharger" means a person that is a source of discharge of treated or untreated wastewater or unpolluted water to the POTW, including the owner and operator of any industrial, commercial, governmental, agricultural, manufacturing or processing facility that discharges waste into the POTW but not including any domestic user of the POTW.
(i) "Floatable oil" means oil, fat or grease in a physical state such that it will separate by gravity from wastewater.
(j) "Garbage" means the residue from the preparation and dispensing of food and from the handling, storage and sale of produce.
(k) "Governmental Entity" means a municipal corporation, county, township or an entity organized as or by a governmental agency for the execution of a governmental program.
(l) "Grease and oil" means the 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 laboratory test procedures, as defined by the methods in accordance with Standard Methods.
(m) "Industrial Waste" means any substance resulting from any process of industrial, commercial, governmental, agricultural or institutional concerns, manufacturing, business, trades or research including the development, recovery or processing of natural resources.
(n) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) Results in a violation of any requirement of the POTW's NPDES Permit (including an increase in the magnitude or duration of a violation) or 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, 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; or 40 CFR Part 503, Standards for the Use or Disposal of Sewage Sludge.
(o) "Law Director" means the Village's Director of Law or Solicitor, his/her authorized deputy, agent or representative.
(p) "National Categorical Pretreatment Standard" or "Pretreatment Standard" means any regulation containing pollutant discharge limits promulgated by the State of Ohio EPA or United States EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) or Ohio R.C. Chapter 6111 which applies to a specific category of industrial dischargers.
(q) "National Pollutant Discharge Elimination System (NPDES) Permit" means a permit issued by the State of Ohio EPA or United States EPA pursuant to the Act for the purpose of regulating the discharge of sewage, industrial wastes and other wastes under the authority of Section 402 of the Act and Ohio R.C. Chapter 6111, into the navigable waters of the State.
(r) "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 the 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; 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.
(s) "Nonsignificant Industry" means dischargers which have a wastewater discharge containing low strength compatible pollutants or domestic-only wastes of a character normally found in background concentrations. Designation of nonsignificant industries shall be made only by the Village.
(t) "Order" means verbal instructions, letter or compliance schedule issued by the Superintendent, setting forth conditions for the discharger for the discharge of pollutants to the POTW.
(u) "Pass Through" means 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). A discharger contributes to a permit violation by:
(1) Discharging a pollutant above allowable limits prescribed by contract with the POTW, or by Federal, State or local law;
(2) Discharging wastewater that differs substantially in nature and constituents from the discharger's average discharge.
(3) Knowing or having reason to know that its discharge, alone or in combination with discharges from other sources, will result in a permit violation; or
(4) Knowing or having reason to know that the POTW is, for any reason, violating the final effluent limitations in its NPDES Permit and that the discharger's discharge, either alone or in combination with discharges from other sources, would increase the magnitude or duration of the POTW's violations.
(v) "Person" includes any individual, firm, company, private corporation, partnership, co-partnership, joint stock company, trust, association, institution, enterprise, governmental entity or other legal entity or its representatives, agents or assigns, and any natural person.
(w) "pH" means the logarithm, base ten, of the reciprocal of the hydrogen-ion concentration expressed in moles per liter, determined by one of the procedures outlined in Standard Methods.
(x) "Pollutant" means any agent or substance that causes pollution, including dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic and agricultural waste discharge into water.
(y) "Pollution" means an alteration of the quality of water by waste to a degree which affects that water for beneficial uses or the human-made or human-induced alteration of the chemical, physical, biological or radiological integrity of water.
(z) "POTW Treatment Plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
(aa) "Premises" means any piece of real estate having one or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the Village's POTW.
(bb) "Pretreatment" means the process of reducing the amount of pollutants, eliminating pollutants or altering the nature of pollutant properties in wastewater prior to introducing such wastewater into the Village's POTW. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by this chapter.
(cc) "Pretreatment Requirements" means any substantive or procedural requirements related to pretreatment other than a National Categorical Pretreatment Standard imposed on a discharger.
(dd) "Publicly-Owned Treatment Works ("POTW")" means all sewage and wastewater treatment plant facilities owned by the Village, including the sewers, pumping stations, treatment tanks and related apparatus and any and all related appurtenances.
(ee) "Sewage" means a combination of the water-carried waste from residences, businesses, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
(ff) "Sewer" means any pipe, conduit, ditch or other device used to collect and/or transport sewage.
(gg) "Significant Industrial User (SIU)" means a discharger who discharges to the POTW liquid, solid or gaseous industrial wastes. The term SIU includes the following:
(1) All dischargers subject to National Categorical Pretreatment Standards; and
(2) Any other discharger that:
A. Discharges an average of 25,000 gallons per day or more in the aggregate of process wastewater, industrial waste and non-polluted water to the POTW;
B. Discharges five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
C. Has a reasonable potential, in the opinion of the Superintendent, to adversely affect the POTW's operation; or
D. Has a reasonable potential, in the opinion of the Superintendent, for violating any Pretreatment Standard or requirement.
(hh) "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 the standards issued under Sections 402 and 405 of the Act, and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act (PL 94-580), and in 40 CFR Part 503, Standards for the Use or Disposal of Sewage Sludge.
(ii) "Slugload" means any discharge of water or pollutant including oxygen demanding pollutants released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW or a pass through.
(jj) "Standard Industrial Classification" means the system classifying industries pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, assigning a code (SIC Code) denoting the manufacturing process.
(kk) "Standard Methods" means the laboratory procedures set forth in the most recent edition of the Standards Methods for the Examination of Water and Waste, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
(ll) "Superintendent" means the Superintendent or his/her authorized deputy, agent or representative.
(mm) "Suspended Solids" means solids that either float on the surface of or are in suspension or will settle in water, sewage or industrial waste and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.
(nn) "Unpolluted Water" means water discharged in its original state or water discharged after use for any purpose, which is at least equal chemically, physically and biologically to the water from its original source; e.g., potable water, ground water, river and stream water.
(oo) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in the Wastewater Discharge Permit, 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.
(pp) "Village" means the Village of Middlefield.
(qq) "Wastewater Discharge Permit (Industrial User Permit)" means a formal permit to discharge industrial waste into the POTW issued by the Village or other governmental agency authorized by the State of Ohio, or the United States EPA to issue such permit.
(rr) "Waters of the State" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies of accumulations of water, surface and underground, natural or artificial, regardless of the depth of the strata in which the underground water is located, which are situated wholly or partly within, or border upon, this State, or are within its jurisdiction, except those private waters which do not combine or effect a junction with natural surface or underground waters.
(Ord. 94-122. Passed 6-16-94.)