The following terms shall have the following meanings, as used in this chapter:
(a) Act": the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and any amendments thereto; together with any guidelines, limitations, and standards promulgated by the EPA pursuant to the Act.
(b) "Administrator": the Millersburg Village Administrator or the authorized representative of the Millersburg Village Administrator.
(c) "Building drain": that part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, beginning 3 feet outside the exterior face of the building wall. This definition includes pipes and drains which carry polluted wastewater and specifically excludes footer and foundation drains.
(d) "Building sewer": the extension from the building drain to the public sewer or other place of disposal.
(e) "By-pass". The intentional diversion of wastestreams from any portion of the Village's wastewater treatment plant.
(f) "CBOD" (carbonaceous biochemical oxygen demand): a measure of dissolved oxygen required during the stabilization of the carbonaceous portion of organic matter through biochemical action, which shall be measured according to "40 CFR 136." CBOD shall be measured as milligrams per liter 5 days at 20°C.
(g) "Combined sewer": a sewer intended to receive both wastewater and surface runoff or ground water.
(h) "Council": Millersburg Village Council.
(i) (EDITOR’S NOTE: Former subsection (i) was eliminated by Ordinance 2022-103, passed November 28, 2022.)
(j) "Domestic": a residential user of the wastewater treatment works.
(k) "Domestic wastes": wastes originating from a residential user of the wastewater treatment works or from sanitary conveniences that are operated by an industrial user, commercial user, or an institutional/governmental user. Domestic wastes do not include industrial wastes.
(1) "EPA": Ohio Environmental Protection Agency or the United States Environmental Protection Agency or any person authorized to act for either agency.
(m) "Extra strength surcharge": a charge levied on some users of the wastewater treatment works (in addition to a user charge) for wastes discharged which exceed normal concentrations, based upon the volume of wastewater flow from each user. The extra strength surcharge shall be based upon average concentrations of wastes weighted in proportion to volume of flow, determined each billing period by the method most practical to the Village, in the Administrator's opinion.
(n) "Garbage": solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(o) "Grease": a constituent in wastewater as identified in "40 CFR 136".
(p) "Incompatible pollutant": a constituent in wastewater which interferes with the operation and performance of the wastewater treatment works.
(q) "Industrial wastes": any liquid, gaseous, or solid waste resulting from any process, industry, trade, or business, or from the development, processing, or recovery of any natural resource, together with such sewage as is present.
(r) "Intercepting sewer": a sewer intended to receive flows from both combined sewers and sanitary sewers, or a sewer whose primary purpose is to transport wastewater from collector (local) sewers to the wastewater treatment plant.
(s) "Interference". A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, use or disposal; and therefore, is a cause of a violation of Millersburg's NPDES permit or the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions or permits issued there under, or any more stringent State of local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Reserve Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection Research and Sanctuaries Act.
(t) "May": is permissive; "shall" is mandatory.
(u) "Natural outlet": any outlet, including storm sewers and combined sewer overflows, into a watercourse or into the waters of the State.
(v) "Normal concentrations": wastewater which does not exceed the following concentrations shall be considered to be of normal concentrations:
(1) CBOD: 200 milligrams per liter (mg/1); and
(2) Suspended solids: 300 mg/1.
(w) "Notice": notice of a fact or event to be given to a user pursuant to this Ordinance shall be in writing and sent by first class mail to the user at the address to which the user's water and sewer bill is to be sent at the time said notice is given.
(x) "NPDES permit": the National Pollutant Discharge Elimination System Permit No. 3PC00100*DD or an equivalent document or requirements issued by the Ohio EPA to the Village to regulate the discharge of pollutants.
(y) "Pass Through". A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of any requirement of the Millersburg NPDES permit, including and increase in the magnitude or duration of a violation.
(z) “Person": any individual, firm, company, industry, association, society, corporation, or group.
(aa) "pH": the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
(bb) "Pollutant": shall mean any noxious chemical or other refuse material that impairs the purity of water.
(cc) "Pretreatment": the treatment of wastewater from sources before introduction into the building drain. Septic tanks shall not be considered pretreatment.
(dd) "Private sewer": a sewer constructed and serving individual owners or persons under private ownership.
(ee) "Properly shredded garbage": the solid waste from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions that normally prevail in public sewers, with no particles greater than 1/2 inch in any dimension.
(ff) “Public sewer": a common sanitary sewer in which all owners of abutting properties have equal rights, controlled by the Village.
(gg) "Sanitary sewer": a sewer, including conventional gravity sanitary sewers and small diameter sanitary sewers, that carries liquid and water-carried wastes from residences, commercial buildings, industries, and institutions, together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. (Ord. 2010-107. Passed 1-24-11.)
(hh) "Sanitary sewer charges": the aggregate of rates established by two separate charges: user charges and extra strength surcharges.
(Ord. 2022-103. Passed 11-28-22.)
(ii) "Septage": the materials, both liquid and solid, removed from a septic tank.
(jj) "Septic tank": a watertight covered receptacle designed and constructed to receive the discharge of wastewater from a building sewer and to discharge the effluent from the settled and floating solids.
(kk) "Sewage": any substance that contains any of the waste products or excrementitious substances or other discharge from the bodies of human beings or animals, which if discharged would cause pollution to the waters of the State.
(ll) "Sewer": a pipe or conduit that carries wastewater or drainage water.
(mm) "Slug": any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than 5 times the average 24 hour concentration of said constituent or quantity of said flows during normal operation, and which concentration or quantity of flow shall adversely affect the performance of the wastewater treatment works.
(nn) "Standard Methods": the latest edition of the publication, "Standard Methods for the Examination of Water, Sewage, and Industrial Wastes", as published by the American Public Health Association.
(oo) "Storm sewer": a sewer for conveying water, ground water, subsurface water, or unpolluted water from any source.
(pp) "Suspended solids": total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids, and that are removable by laboratory filtering as prescribed in "40 CFR 136".
(qq) "Unpolluted water": water of quality equal to or better than the effluent criteria in effect under the NPDES permit or water that would not cause violation of the receiving water quality standards and would not be benefited by discharge to the sanitary sewers and treatment at the wastewater treatment plant.
(rr) "Upset". Means an exceptional incident in which there is an unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the Village.
(ss) "User": a person who discharges wastewater to the wastewater treatment works.
(tt) "User charge": a charge levied on all users of the wastewater treatment works with normal concentrations of waste for the cost of operation, maintenance, and replacement of such works, based upon the volume of wastewater flow from each user.
(1) "Operation and Maintenance": the administration, monitoring, inspection, reviewing applications, maintenance of equipment, collection, pumping, treatment, and disposing of wastewater, necessary to assure adequate wastewater collection and treatment on a continuing basis which conforms to applicable regulations and assures optimal long-term facility management.
(2) "Replacement": the acquisition and installation of equipment, accessories, and appurtenances necessary during the service life of the wastewater treatment works to maintain the capacity and performance for which said works were designed and constructed.
(uu) "User class": any class of users of the wastewater treatment works, defined as follows:
(1) "Residential user": any person that discharges waste to the sanitary sewer system from a dwelling unit. A dwelling unit can mean, but is not necessarily limited to, houses, apartments, manufactured homes, and mobile homes, used primarily for residential occupancy.
(2) "Industrial user": any nongovernmental user discharging an industrial waste to a publicly owned treatment works as identified as a "Division A, B, D, E, or I" industry in the Standard Classification Manual, 1972, Office of Management and Budget, as amended and supplemented. A user in the Division A, B, D, E, or I may be excluded if it is determined that the industry will introduce primarily segregated domestic wastes.
(3) “Commercial user": any non-residential or non-industrial user that discharges waste to the sanitary sewer system from a commercial establishment. A commercial establishment can mean, but is not necessarily limited to, retail establishments, service enterprises, and other business or community activities.
(4) “Institutional/governmental user": any non-residential, non-industrial, and non-commercial user that discharges waste to the sanitary sewer from an institutional/ governmental establishment. An institutional/ governmental establishment can mean, but is not necessarily limited to, education facilities, churches and synagogues, and federal, state, and local governmental administration and service facilities.
(vv) "Village": Village of Millersburg, Holmes County, Ohio, and any area under its jurisdiction.
(ww) "Village specifications": the most recent version of the Village of Millersburg Standard Specifications for Sanitary Sewers adopted by Council.
(xx) "Wastewater" or "Wastes": the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried sewage from residences, commercial buildings, industries, and institutions, together with any ground water, surface water, and storm water that may be present.
(yy) "Wastewater treatment plant": that portion of the wastewater treatment works required to treat wastewater and septage and dispose of the effluent.
(zz) "Wastewater treatment works": the structures, equipment, parcels of land, easements and processes required to collect, carry away, and treat wastewater and dispose of the effluent of the Village. Wastewater treatment works shall include septic tanks, sanitary sewers, and intercepting sewers, but shall not include storm sewers. Also known as the Publicly Owned Treatment Works (POTW).
(aaa) "Watercourse": a channel in which a flow of water occurs, either continuously or intermittently.
(bbb) "Waters of the State": all streams, lakes, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, which are situated wholly or partly within, or border upon, the State of Ohio, or are within its jurisdiction, except those private waters which do not combine or effect a function with natural surface or underground waters.
(Ord. 2010-107. Passed 1-24-11.)