921.02 DEFINITIONS.
   Unless the context specifically indicates otherwise, the meaning of terms in this chapter and Chapter 925 and any regulations issued pursuant to this chapter shall be as follows:
     (1)   ACT: Shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act and Public Law 92-500, as amended, 33 U.S.C. 1251, et seq., as well as any regulations, guidelines, limitations and standards issued thereafter.
   (2)   APPLICABLE PRETREATMENT STANDARD: Shall mean the pretreatment limit or prohibitive standard (Federal, State and/or local) deemed to be the most restrictive, with which non-domestic users are required to comply.
   (3)   APPROVAL AUTHORITY: Shall mean the Ohio Environmental Protection Agency and the United States Environmental Protection Agency.
   (4)   ASTM: Shall mean the most recent standards published by the American Society for Testing and Materials.
   (5)   AUTHORITY: Shall mean the Village of Minerva, Ohio, acting through its designated representatives for all areas in the Village of Minerva included in the respective sewer district tributary to the Authority's WWTP.
   (6)   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: Shall mean
      A.   A principal executive officer of at least the level of vice president, if the industrial user is a corporation;
      B.   A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
      C.   A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the discharge originates.
   (7)   AVERAGE MONTHLY DISCHARGE LIMITATION: Shall mean 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 the month.
   (8)   BENEFICIAL USES: Shall include, but are not limited to, domestic, municipal, agricultural and industrial uses, power generation, recreation, aesthetic enjoyment, navigational uses, the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible and intangible, as specified by State or Federal law.
   (9a)   BIOCHEMICAL OXYGEN DEMAND (BOD): Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter, under standard laboratory procedure, in five days at twenty degrees Centigrade, expressed in milligrams per liter (mg/l).
   (9b)   "BMP's" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge waste disposal, or drainage from raw materials storage.
   (10)   BUILDING DRAIN: Shall mean 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 lateral, beginning three feet outside the inner face of the building wall.
   (11)   BUILDING SEWER: (or Lateral) Shall mean the extension from the building drain to the public sewer or other place of disposal.
   (12)   CAPITAL COST: Shall mean that portion of the cost of the sewage treatment system which is directly attributable to the cost of principal and interest obligations issued to finance acquisition and construction of the wastewater system.
   (13)   CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND (CBOD): Shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter, not including nitrification, under standard laboratory procedure, in five days at twenty degrees Centigrade, expressed in milligrams per liter (mg/l).
   (14)   CATEGORICAL PRETREATMENT STANDARDS: Shall mean the National Pretreatment Standards of the Clean Water Act specifying quantities or concentrations of pollutants which may be discharged to a treatment plant by a specific discharger.
   (15)   CHEMICAL OXYGEN DEMAND (COD): Shall mean the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures, expressed in terms of parts per million by weight in accordance with procedures set forth in the latest edition of Standard Methods.
   (16)   CLEAN WATER ACT: See ACT.
   (17)   COMBINED SEWER: Shall mean a sewer intended to receive both wastewater and storm or surface water.
   (18)   COMMERCIAL USER: Shall mean any aggregation of space, including office, laundry, restaurant, store, tavern, shop, and other like unit space, which is equipped with one or more water fixtures draining into the wastewater disposal system, separate and distinct from other users of service. In office buildings or other premises containing more than one tenant, only those tenants who occupy space equipped with a distinct opening or fixture or set of fixtures for the use of water separately from other tenants and with waste draining into the wastewater disposal system, shall be classified as users of service. "Commercial user" is further defined as any user of the sewerage system not specifically categorized as residential or industrial and generally classified in the Standard Industrial Classification (S.I.C.) Manual of the U.S. Office of Management and Budget in Division F - Wholesale Trade; Division G - Retail Trade; Division H - Finance, Insurance and Real Estate; portions of Division I - Services; and Division J - Public Administration.
   (19)   COMPATIBLE POLLUTANT: Shall mean BOD, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the Authority's NPDES permit if the treatment works was designed to treat such pollutants and in fact does remove such pollutants to a substantial degree.
   (20)   COMPOSITE SAMPLE: Shall mean a sample which contains 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.
   (21)   CONTROL MANHOLE: Shall mean a structure which provides access to a building sewer. A control manhole may be used as an inspection chamber and may contain certain testing equipment.
   (22)   COOLING WATER: Shall mean the water discharge from any use such as air- conditioning, cooling or refrigeration, or during which the only constituent added to the water is heat.
   (23)   DAILY DISCHARGE: Shall mean the discharge of a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling.
   (24)   DEBT RETIREMENT CHARGE: Shall mean the charge to sewer users for the debt service.
   (25)   DEBT SERVICE: Shall mean the funds required to retire the sewage works from debt through cash generated during the period of time that the debt is outstanding.
   (26)   DISSOLVED SOLIDS: Shall mean solids in suspension in water, sanitary sewage or industrial waste, which will not readily settle.
   (27)   DOMESTIC SEWAGE: Shall mean sewage derived principally from dwellings, business buildings, institutions and the like, which originates within the building, including waste from kitchens, water closets, lavatories, bathrooms, showers, and laundries.
   (28)   EPA OR ENVIRONMENTAL PROTECTION AGENCY: Shall mean the U.S. Environmental Protection Agency and may also be used, where appropriate, as a designation for the Administrator or other duly authorized official of such agency.
   (29)   FECAL COLIFORM: Shall mean any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
   (30)   FEDERAL WATER POLLUTION CONTROL ACT: See ACT.
   (31)   FOUNDATION DRAINS: Shall mean subsurface drains laid around the foundation of a building, either within or outside of the building foundation, for the purpose of carrying ground or subsurface water to some point of discharge.
   (32)   GARBAGE: Shall mean solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
   (33)   GOVERNMENTAL USER: Shall mean any user discharging wastewater from premises utilized by public political units, including Federal, State, County and local units.
   (34)   GRAB SAMPLE: Shall mean 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.
   (35)   GREASE AND OIL: Shall refer to 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 method 503 A. of Standard Methods.
   (36)   INCOMPATIBLE POLLUTANT: Shall mean any pollutant which is not a compatible pollutant as defined herein.
   (37)   INDIRECT DISCHARGE: Shall mean 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).
   (38)   INDUSTRIAL USER: Shall mean 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).
   (39)   INDUSTRIAL WASTE: Shall mean any liquid, solid, or gaseous substance or form of energy, or combination thereof, resulting from any process of industrial, commercial, governmental and institutional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources other than those generating waste defined as "normal domestic sewage" herein.
   (40)   INDUSTRIAL WASTE PERMIT: Shall mean a formal permit to deposit or discharge industrial waste into any sanitary sewer, as issued by the Authority.
   (41)   INFLUENT: Shall mean the water, together with any waste that may be present, flowing into a drain, sewer, receptacle or outlet and then to the sewage treatment plant.
   (42)   INSTITUTIONAL USER: Shall mean any person discharging wastewater from premises serving educational, social or eleemosynary purposes, including, but not limited to, private schools, hospitals, nursing homes, churches, and charitable organizations. (Ord. 6-14. Passed 2-25-14.)
   (43)   INTERFERENCE: Shall mean a discharge which, alone or in conjunction with a discharge or discharges from other sources, results in either of the following:
      A.   Inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use or disposal; or
      B.   Is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude and duration of a violation) or of the prevention of sewage sludge use or disposal.
         (Ord. 16-21. Passed 4-27-21.)
   (44)   MAXIMUM DAILY DISCHARGE LIMITATIONS: Shall mean the highest allowable daily discharge.
   (45)   NATIONAL CATEGORICAL PRETREATMENT STANDARDS: Shall mean 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.
   (46)   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: Shall mean a permit issued by the State of Ohio EPA or U.S. EPA, pursuant to the Clean Water Act, for the purpose of regulating the discharge of sewage, industrial wastes, and other wastes, as defined in the Code of Federal Regulations, 40 CFR Part 125, and under the authority of Section 402 of the Clean Water Act, into navigable waters of the United States.
   (47)   NATURAL OUTLET: Shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
   (48)   NEW SOURCE: Shall mean any building, structure, facility or installation from which there is or may be discharge of pollutants, the construction of which is commenced after the publication of the 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:
      A.   The building, structure, facility or installation is constructed at a site at which no other source is located;
      B.   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; and
      C.   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 facility is engaged in the same general type of activity as the existing source should be considered.
   (49)   NORMAL DOMESTIC SEWAGE: Shall mean wastewater or sewage having an average daily suspended solids concentration of not more than 250 parts per million (mg/l) and an average daily biochemical oxygen demand (BOD) concentration of not more than 250 parts per million (mg/1) and that does not contain any of the characteristics prohibited by Section 921.07.
   (50)   NPDES PERMIT: See NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT.
   (51)   OPERATION AND MAINTENANCE COSTS: Shall mean the current, reasonable and necessary costs of operation and maintenance of the wastewater disposal system, paid or incurred, determined in accordance with generally accepted accounting principles and including replacement costs, but excluding payments of principal and of interest on obligations issued to finance the costs of acquisition and construction of the treatment works. In other terms, it shall mean the costs incurred in the act of keeping all facilities for collecting, pumping, treating and disposing of sewage in a good state of repair and functioning properly, including the replacement of said facilities when necessary.
   (52)   PASSTHROUGH: Shall mean a discharge which exits the POTW into the waters 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.
   (53)   PERSON: Shall mean any and all persons, natural or artificial, including any individual, firm, society, group, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, association, institution, enterprise, governmental agency, the State of Ohio, the United States of America or other legal entity, or their representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural, where indicated by the context.
   (54)   pH: Shall mean the logarithm, base ten, of the reciprocal of the weight of hydrogen ions expressed in grams per liter of solution.
   (55)   POLLUTANT: Shall mean the dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, commercial, domestic and agricultural waste discharged into water.
   (56)   PLLUTION: Shall mean the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
   (57)   POTW: See PUBLICLY OWNED TREATMENT WORKS.
   (58)   PREMISES: Shall mean 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 wastewater disposal system.
   (59)   PRETREATMENT: Shall mean the process of reducing the amount of pollutants, eliminating pollutants or altering the nature of pollutant properties in wastewater prior to introducing such pollutants into the Authority's wastewater disposal system. The reduction, elimination or alteration may be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR, Section 403.6(d), and this chapter.
   (60)   PRETREATMENT REQUIREMENTS: Shall mean any substantive or procedural requirements relating to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
   (61)   PROPERLY SHREDDED GARBAGE: Shall mean wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely, under the conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
   (62)   PUBLIC SEWER: Shall mean a sewer provided by or subject to the jurisdiction of the Authority on public or private property. It also includes sewers within or outside the Authority boundaries that serve one or more persons and ultimately discharge to the Authority's sanitary sewer system, even though these sewers may not have been constructed with Authority funds.
   (63)   PUBLICLY OWNED TREATMENT WORKS (POTW): Shall mean a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) and shall include all publicly owned (Authority owned) facilities for the collection, treatment and disposal of wastewater.   
   (64)   RECEIVING STREAM: Shall mean the watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
   (65)   REPLACEMENT AND EQUIPMENT REPLACEMENT COSTS: Shall mean any expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
   (66)   SANITARY SEWER AND SEWER: Shall mean a gravity or pressure pipe which carries sewage.
   (67)   SERVICE DIRECTOR: Shall mean the Director of Public Service of the Village of Minerva, or his or her duly authorized representative, or the Village Administrator if no Director of Public Service.
   (68)   SEWAGE: Shall mean water-carried wastes from residences, commercial buildings governmental buildings, industrial establishments and institutions.
   (69)   SEWAGE SYSTEM AND SEWERAGE WORKS: Shall mean all facilities for collecting, pumping, treating and disposing of sanitary sewage to and through the sewage treatment or disposal works or extensions thereof. This shall not include plumbing inside or in connection with building services or service sewers from a building to the publicly owned sewer connection
   (70)   SEWAGE TREATMENT PLANT AND WASTEWATER TREATMENT PLANT: Shall mean an assemblage of devices, structures and equipment for the treatment of sewage and industrial waste.
   (71)   SEWER SERVICE CHARGE: Shall mean the sum of the users charge, plus the debt retirement charge and any surcharge.
   (72)   SHALL AND MAY: "Shall" is mandatory, " may" is permissible.
      (Ord. 6-14. Passed 2-25-14.)
   (73)   SIGNIFICANT INDUSTRIAL USER: Shall mean:   
      A.   Except as provided in paragraph (73)B. hereof, the term significant industrial user includes:
         1.   All industrial users subject to categorical pretreatment standards; or
         2.   Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; or
         3.   Contributes a process wastestream which makes five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         4.   Industrial User has a reasonable potential, in the opinion of the Service Director, to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.
      B.   The Service Director may at any time, on his or her own initiative or in response to a petition received from an industrial user, determine that a noncategorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the POTW's operation or to violate any pretreatment standard or requirement.
         (Ord. 16-21. Passed 4-27-21.)
   (74)   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 921.07 of this 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.
   (75)   STANDARD INDUSTRIAL CLASSIFICATION (SIC): Shall mean the system that classifies industries pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, assigning a code (SIC Code) denoting the manufacturing process.
   (76)   STANDARD METHODS: Shall mean the laboratory procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Association.
   (77)   STORM SEWER AND STORM DRAIN: Shall means a public or private sewer or a public ditch which carries storm, surface and ground water drainage from the point of origin to some point of disposal, but excludes sanitary sewage and industrial wastes.
   (78)   STORM WATER: Shall mean any flow occurring during or following any form of natural precipitation and resulting there from.
   (79)   SUPERINTENDENT: Shall mean the Superintendent of the wastewater treatment system or his or her duly authorized representative.   
   (80)   SURCHARGE: Shall mean the assessment 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 domestic sewage.
   (81)   SUSPENDED SOLIDS (SS): Shall mean solids that either float on the surface of, or are in suspension or will settle in, water, sanitary 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.
   (82)   TOTAL SOLIDS: Shall mean the sum of suspended and dissolved solids.
   (83)   TOXIC POLLUTANT: Shall mean 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 Section 307(a) of the Act and which are considered priority pollutants by the U.S. EPA.
   (84)   UPSET: Shall mean an exceptional incident in which an industrial user unintentionally and temporarily is in a state of noncompliance with permit limits and/or the standards set forth herein and in 40 CFR 403.16 due to factors beyond the reasonable control of the industrial user and excluding noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
   (85)   U.S. EPA: Shall mean the United States Environmental Protection Agency and may also be used, where appropriate, as a designation for the Administrator or other duly authorized official of such agency.
   (86)   USER: Shall mean any person or property who or which discharges or causes or permits the discharge of wastewater into the wastewater treatment system.
   (87)   USER CHARGE: Shall mean the charge assessed to users of the sewage system to recover the costs incurred in keeping all facilities for collecting, pumping, treating and disposing of sewage, in a good state of repair and functioning properly, including the replacement of said facilities when necessary, obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed, the funds used for the retirement of and interest on bonds and/or notes authorized and issued by the Authority to construct sewage system facilities, acquiring all mandated discharge permits, and the cost of rendering bills and collecting sewer service charges.
   (88)   VOLATILE ORGANIC MATTER: Shall mean the material in the sewage solids transformed to gases or vapors when heated at 500 degrees Centigrade for fifteen to twenty minutes per Standard Methods.
   (89)   WASTEWATER: Shall mean the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the POTW.
   (90)   WASTEWATER TREATMENT PLANT: See SEWAGE TREATMENT PLANT.
   (91)   WASTEWATER TREATMENT SYSTEM See SEWAGE SYSTEM
   (92)   WATERCOURSE: Shall mean a channel in which a flow of water occurs, whether continuously or intermittently.
   (93)   WATERS OF THE STATE Shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies of 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.
      (Ord. 6-14. Passed 2-25-14.)