1040.02  DEFINITIONS.
   Unless the context specifically indicates otherwise, the meaning of words and phrases used in this chapter shall be as follows:
   (1)   "Administrative charge" means the charge by the City to recipients of waste treatment services to offset the administrative costs of operating the wastewater collection and treatment system.
(Ord. 91-59. Passed 10-21-91.)
   (2)   "Biochemical oxygen demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius, expressed in milligrams per liter (mg/1), as determined by standard methods. CBOD includes the addition of a nitrification inhibitor at the start of the test. This will eliminate additional oxygen demand caused by nitrification (Nitrogenous BOD). This portion of BOD is not an indication of organic strength of the wastewater.
(Ord. 98-48. Passed 10-19-98.)
   (3)   "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 three feet outside the building wall.
      A.   "Combined building drain" means a building drain which conveys combined sewage.
      B.   "Sanitary building drain" means a building drain which conveys sanitary sewage, with or without industrial wastes.
      C.   "Storm building drain" means a building drain which conveys storm water or other drainage, but no sewage.
   (4)   "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.
      A.   "Combined building sewer" means a building sewer which conveys combined sewage.
      B.   "Sanitary building sewer" means a building sewer which conveys sanitary sewage, with or without industrial wastes.
      C.   "Storm building sewer" means a building sewer which conveys storm water or other drainage, but no sewage.
   (5)   "Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
   (6)   "Categorical pretreatment standards" means the National Categorical Pretreatment Standards specifying quantities or concentrations of pollutant properties which may be discharged or introduced to the sewage works by specific industrial users.
   (7)   "Chemical oxygen demand" or "COD" means the oxygen consuming capacity of inorganic and organic matter under standard laboratory procedures, expressed in milligrams per liter (mg/1), as determined by standard methods.
   (8)   "Commercial Class" means all nonresidential users not defined as industrial, governmental or institutional users.
   (9)   "City" means the City of Newark, Ohio.
   (10)   "City Engineer" means the City Engineer of the City.
   (11)   "Clean wastewaters" or "unpolluted wastewaters" means those liquid wastes which meet the criteria established by the OEPA for effluents discharged to watercourses in the City.
   (12)   "Combined sewage" means a combination of sanitary sewage and surface or storm water, with or without industrial wastes.
   (13)   "Combined sewer" means a sewer which is designed to carry a combination of sanitary sewage and surface or storm waters, with or without industrial wastes.
   (14)   "Cooling water" means the water discharged from any system of condensation, air conditioning, cooling or refrigeration. It shall be free front odor and oil and shall contain no polluting substances.
   (15)   "Debt service charge" means the charge by the City to recipients of waste treatment services to offset the costs of retirement of bonds or notes used to finance portions of sewage works.
   (16)   "Director" means the Director of Public Service of the City.
   (17)   "Division of Water and Sanitary Sewage" or "Division°" means the Division established by the City for the purpose of managing and operating the water works and sewage works of the City.
   (18)   "Federal Act" means the Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977 (PL 95-217), 33 U.S.C. 1251 et seq., as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
   (19)   “Fats, oils and greases” or FOG means any and all of a variety of N-Hexane extractable substances as determined by extraction as in USEPA Method 1664 A: N-Hexane Extractable Material (HEM) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM) by extraction and gravimetry (oil and grease and total petroleum hydrocarbons).
   (20)   “Hydrocarbon fats, oils and greases” means those SGT-HEM substances as detected and quantified by USEPA Method 1664 A: N-Hexane Extractable Material (HEM) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM) by extraction and gravimetry (oil and grease and total petroleum hydrocarbons).
   (21)   "Garbage" means solid wastes from domestic and commercial preparation, cooking and dispensing of food, or from the handling, storage and sale of produce.
   (22)   "Governmental Class" means all nonresidential users having connections to the sewage works which are owned by municipalities, counties, the State or the Federal Government.
   (23)   "Holding tank waste" means any waste from holding tanks, including vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
   (24)   “Industrial user or IU” or “industrial discharger” means any nonresidential user who discharges an effluent into the sewage works and who is identified in the Standard Industrial Classification (SIC) Manual, 1987, as amended and supplemented, under the following divisions:
      A.   Division A: Agriculture, Forestry and Fishing;
      B.   Division B: Mining;
      C.   Division D: Manufacturing;
      D.   Division E: Transportation, Communications, Electric, Gas and Sanitary Services; or
      E.   Division I: Services.
   A user in these divisions may be excluded from the Industrial User Class if it is determined that the user will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.
   (25)   "Industrial waste" means the solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process, or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.
   (26)   "Institutional Class" means all nonresidential users having connections to the sewage works which are owned by private schools, colleges, churches and church related facilities, hospitals and nursing homes.
   (27)   "Interference" means the inhibition of the sewage works, treatment processes or operations contributing to a violation of any requirement of the City's NPDES permit.
   (28)   "mg/l" means milligrams per liter.
   (29)   "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
   (30)   "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:
      A.   Construction is carried out at a site at which no other source is located;
      B.   The construction totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
      C.   The production or wastewater generating processes of the constructed facility are substantially independent of an existing source at the same site.  Any construction at the site of an existing facility that does not meet the above criteria shall not result in a new source.
(Ord. 91-59.  Passed 10-21-91.)
   (31)   "Normal domestic sewage" means sewage having an average daily suspended solids concentration of not more than 250 mg/l, an average daily CBOD5 of not more than 200 mg/l, and an average daily ammonia concentration of not more than 15 mg/l or an average daily TKN concentration of not more than 30 mg/l. 
(Ord. 98-48.  Passed 10-19-98.)
   (32)   "NPDES permit" means the National Pollutant Discharge Elimination System permit program, whether administered by the United States Environmental Protection Agency (USEPA) or the State of Ohio Environmental Protection Agency (OEPA).
   (33)   "OPEA" means the Ohio Environmental Protection Agency.
   (34)   "Operation and maintenance" means the procedures associated with the daily operation and required maintenance of public sewers and wastewater treatment plants.
   (35)   "Operation, maintenance and replacement" or "OM&R" means, as specifically required by 40 CFR 35.2140, the procedures for obtaining and installing equipment, accessories or appurtenances during the useful life of the treatment works necessary to maintain the capacity and performance for which they were designed and constructed.
   (36)   "Outside user charge" means the debt service charge for waste treatment services for users outside the corporate limits of the City.
   (37)   "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.
   (38)   "Person" means any individual, firm, company, association, society, corporation or group. For a corporation, a person shall be a company officer directly in charge of wastewater discharges. The second sentence of this definition shall not be construed to preclude organizational liability under the penalties and remedies set forth in this chapter.
   (39)   "pH" means the logarithm (base ten) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Low values indicate the presence of acids or acid- forming salts. High values indicate the presence of alkaline material. A pH of 7.0 is considered neutral.)
   (40)   "POTW" means the publicly owned treatment works.
   (41)   "Premises" means any parcel or portion of real estate, including any improvements, determined by the Director to be a single user for purposes of receiving, using and paying for services.
   (42)   "Pretreatment" means reduction in 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 pollutants to the sewage works.
   (43)   "Private sewer" means a sewer which is not owned by the public authority, and in which all owners of abutting properties do not have equal rights.
   (44)   "Properly shredded garbage" means wastes 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 normally prevailing in public sewers.
   (45)   "Public authority" means any governmental agency having jurisdiction by law.
   (46)   "Public sewer" means a sewer which is owned and controlled by the public authority.
   (47)   "Replacement" means replacement of equipment in wastewater treatment plants required due to normal wear and tear caused by the operation of these facilities and where maintenance is no longer a cost-effective procedure.
   (48)   "Residential Class" means users from all single or multiple-unit residences which discharge sanitary sewage only.
   (49)   "Sanitary sewage" means water-carried wastes from residences, business buildings, institutions, commercial establishments, industrial establishments or manufacturing establishments, contributed by reason of human occupancy.
   (50)   "Sanitary sewer" means a sewer which carries sanitary sewage or industrial wastes. "Sanitary sewer" also means a sewer which carries sanitary sewage or industrial wastes and to which storm, surface or ground waters are not intentionally admitted.
   (51)   "Sewage" means wastewater after it has been used and discharged into a sewer.
   (52)   "Sewage works" means all facilities for collecting, pumping, treating and disposing of sanitary sewage or industrial wastes, including the treatment processes or operations associated with collecting, pumping, treating or disposing of sanitary sewage or industrial wastes.
   (53)   "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water.
   (54)   "Sewer service charges" means a combination of the administrative charge, the user charge, the debt service charge, the strength surcharge (if applicable) and the industrial waste surveillance charge (if applicable).
   (55)   "Sewer Rental Fund" means an account into which the City deposits collections from sewer service charges.
   (56)   "Shall" is mandatory; "may" is permissive.
   (57)   "Significant industrial user" means an industrial user who is subject to categorical pretreatment standards and any other industrial user who 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 or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement. The Director may at any time, by self- 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.
   (58)   "Slugload" means any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.
   (59)   “Standard Industrial Classification” or “SIC” means the classification of users based on the 1987 Standard Industrial Classification Manual, as amended and supplemented, Office of Manpower and Budget of the United States of America.
   (60)   “Standard methods” means the laboratory procedures specified in the latest edition of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
   (61)   "Storm sewer" means a sewer which carries storm and surface waters, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
   (62)   "Strength surcharge" means the charge by the City to offset the increased costs of treating wastes with concentrations of BOD and suspended solids that are higher than those found in normal domestic sewage.
   (63)   "Superintendent" means the Utilities Superintendent, Department of Public Service, Division of Water and Sanitary Sewage, of the City.
   (64)   "Surveillance charge" means the charge by the City to industrial users to offset the cost of monitoring and analyzing industrial point source discharges.
   (65)   "Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, sewage or other liquids, and which is removable by laboratory filtering, expressed in milligrams per liter (mg/l), as determined by standard methods.
(Ord. 91-59.  Passed 10-21-91.)
   (66)   "Total kjeldahl nitrogen (TKN)" means the sum of the concentration of organic nitrogen plus ammonia nitrogen. 
(Ord. 98-48.  Passed 10-19-98.)
   (67)   "Toxic pollutant" means any pollutant designated by Federal regulations pursuant to Section 307 of the Federal Act.
   (68)   "USEPA" means the United States Environmental Protection Agency.
   (69)   "User" means any person that discharges or causes or permits the discharge of wastewater into a public sewer.
   (70)   "User charge" means the charge by the City to recipients of waste treatment service to offset the cost of operation, maintenance and replacement of the City sewage works.
   (71)   "Wastes" means sewage and all other substances (liquid, solid, gaseous or radioactive) associated with human habitation or of human or animal origin, or from any producing, manufacturing or processing operation of any nature, including substances placed within containers of any nature prior to, and for purposes of, disposal.
   (72)   "Wastewater" means industrial waste, sanitary sewage or any other waste, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the sewage works.
   (73)   "Wastewater treatment plant" means any arrangement of devices and structures used for treating sewage.
   (74)   "Watercourse" or "waterway" means a channel in which a flow of water occurs, either continuously or intermittently.
   (75)   "Water works" means all facilities for intake supply, treatment and distribution of potable water.
(Ord. 91-59.  Passed 10-21-91; Ord. 09-14.  Passed 4-6-09; Ord. 12-44.  Passed 12-17-12.)