1040.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Accessible Sanitary Sewer" means and refers to a public sanitary sewer main located within a public right-of-way, within a public sanitary sewer easement, or thoroughfare abutting or adjacent to a property that can be accessed for connection as determined by the City Engineer in cooperation with the Cuyahoga County Board of Health.
   (b)   "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
   (c)   "Biochemical oxygen demand" (BOD) means 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).
   (d)   "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 the building and conveys it to the building sewer, beginning three feet (1.0 meters) outside the outside face of the building wall.
   (e)   "Building sewer," also known as "lateral" or "house connection," means the extension from the building drain to the public sewer or other place of disposal. The building sewer extending to a small diameter sanitary sewer shall include a septic tank.
   (f)   "Chemical oxygen demand" (COD) means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures, expressed in milligrams per liter.
   (g)   "City" means the City of North Royalton, Ohio.
   (h)   "Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
   (i)   "Commercial user" means nonresidential or non-industrial users that discharge waste to the sanitary sewer system from a commercial establishment. A "commercial establishment" can mean, but is not limited to, retail establishments, service enterprises and other business or community activities.
   (j)   "Community" means the City of North Royalton, its designated representatives, boards, or commissions.
   (k)   "Compatible pollutant" means a waste constituent which does not interfere with the operation or performance of the wastewater treatment works.
   (l)   "Conventional gravity sanitary sewer" means a sewer that carries liquid and water-carried wastes by gravity from residences, commercial buildings, industries and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
   (m)   "Council" means the Council of the City of North Royalton, Ohio.
   (n)   "Debt service charge" means a charge levied on the users of the wastewater treatment works for the cost of the principal and interest payments on the City's share of the wastewater treatment works construction.
   (o)   "Domestic" means a residential user of the wastewater treatment works.
   (p)   "Domestic wastes from industries" means wastes originating from sanitary conveniences. "Domestic wastes" do not include trade or process wastes.
   (q)   "Environmental Protection Agency or United States Environmental Protection Agency (U.S. EPA)" means the United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.
   (r)   "Facility" means and refers to an industrial or commercial building.
   (s)   "Federal Act" or "Act" means the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and any amendments thereto, as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
   (t)   "Floatable Material" means in general any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.
   (u)   "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
   (v)   "Grease" means a constituent in wastewater as identified in Standard Methods for the Examination of Water and Wastewater.
   (w)   "Grease trap" or" grease interceptor" means a device which is installed to prevent or reduce the discharge of pollutants such as oil and/or grease into the public sewer system.
   (x)   "Hazardous material" means any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
   (y)   "Household sewage treatment system" means a sewage treatment system, or part of such a system, that receives sewage from a single-family, two-family or three-family dwelling.
   (z)   "Illegal connection" means any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
   (aa)   "Illicit discharge" as defined at 40 C.F.R. 122.26 (b)(2) means any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1047.07 of this Code of Ordinances.
   (bb)   "Incompatible pollutant" means a waste constituent which interferes with the operation and performance of the wastewater treatment works.
   (cc)   "Industrial user" or "industry" means any nongovernmental user discharging a trade or process 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 or wastes from sanitary conveniences.
   (dd)   "Industrial wastes" means the wastewater from industries as defined herein.
   (ee)   "Institutional/governmental user" means any public or private facilities, such as hospitals, nursing homes, schools, churches or municipal or State owned buildings or parks. Such shall be classified as a residential user unless the discharges are classified otherwise.
   (ff)   "Intercepting sewer" or "interceptor" means 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 a wastewater treatment plant. Said term also includes and refers to "grease trap".
   (gg)   "Main" means any sewer built for the purpose of receiving sewage from one or more lateral or smaller sanitary sewers as branches. It is the principal sewer(s) in a municipal collection system.
   (hh)   "May" is permissive; "shall" is mandatory.
   (ii)   "Municipal Separate Storm Sewer System (MS4)" as defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
      (1)   Owned or operated by a state, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States;
      (2)   Designed or used for collecting or conveying storm water;
      (3)   Which is not a combined sewer; and
      (4)   Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.
   (jj)   "National Pollutant Discharge Elimination System (NPDES) Storm water discharge permit" means a permit issued by the EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
   (kk)   "Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body or surface or ground water.
   (ll)   "Non-accessible sanitary sewer" means and refers to a public sanitary sewer main that cannot reasonably be accessed for connection as determined by the City Engineer in cooperation with the Cuyahoga County Board of Health due to gravity, topography and/or other engineering or relevant grounds.
   (mm)   "Normal domestic sewage" shall be as subsequently defined in Section 1045.05.
   (nn)   "NPDES" or "National Pollutant Discharge Elimination System" permit means any permit or equivalent document or requirements issued by the State water pollution control agency to regulate the discharge of pollutants.
   (oo)   "Off-lot discharging home sewage treatment system" means a system designed to treat home sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.
   (pp)   "Operation and maintenance" means the administration, monitoring, inspection, reviewing of applications, maintenance of equipment and treatment and collection of wastewaters, necessary to assure adequate wastewater collection and treatment now and in the future on a continuing basis, which conforms to applicable regulations and assures optimal long term facility management.
   (qq)   "Owner" or "person" means any individual, firm, company, industry, association, society, corporation or group.
   (rr)   "Owner/Operator" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or on the owner's behalf.
   (ss)   "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
   (tt)   "Pollutant" means any noxious chemical or any other waste matter or contaminant that impairs the purity of water; anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.
   (uu)   "POTW" means publicly owned treatment works.
   (vv)   "Pretreatment" means the treatment of wastewater from sources before introduction into the building drain. Septic tanks shall not be considered pretreatment.
   (ww)   "Private sewer" means a sewer constructed and serving individual private property or property owners or property under private ownership.
   (xx)   "Privy" means a latrine or outhouse; sanitary sewage not collected by a sewage system.
   (yy)   "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 freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
   (zz)   "Public sewer" means a common sewer controlled by a governmental agency, public utility or public authority.
   (aaa)   "Reimbursable expense" means an expense for the operation and maintenance of the system which is paid for directly from funds other than user charges.
   (bbb)   "Replacement" means obtaining and installing equipment, accessories or appurtenances necessary during the service life of the POTW to maintain the capacity and performance for which such works were designed and constructed.
   (ccc)   "Residential user" means any user who discharges waste to the sanitary sewer system from a dwelling unit. A "dwelling unit" can mean, but is not limited to, houses, apartments and mobile homes used primarily for residential occupancy.
   (ddd)   "Sanitary sewer" means a sewer, including both conventional gravity sanitary sewers and small diameter sanitary sewers, that carries liquid and water-carried wastes from residences, commercial buildings, industries and institutions.
   (eee)   "Sanitary sewer charges" means the aggregate of rate increments established by three separate revenue systems, i.e. user charges, extra strength surcharges and debt service charges.
   (fff)   "Septage" means the materials, both liquid and solid, removed from a septic tank.
   (ggg)   "Septic tank" means 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.
   (hhh)   "Sewer" means a pipe or conduit that carries wastewater or drainage water.
   (iii)   "Slug" means 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 fifteen minutes, more than five times the average twenty-four hour concentration of flows during normal operation, and which may adversely affect the performance of the wastewater treatment works.
   (jjj)   "Storm sewer" (sometimes termed "storm drain") means a sewer for conveying stormwater, ground water, subsurface water or unpolluted water from any source.
   (kkk)   "Storm water" any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
   (lll)   "Superintendent" means the Superintendent of the Wastewater Treatment Department of the City of North Royalton, Ohio, or his or her authorized representative.
   (mmm)   "Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, and that is referred to as nonfilterable residue and is expressed in milligrams per liter (mg/l).
   (nnn)   "Toxic pollutants" includes, but is not necessarily limited to, aldrindieldrin, benzidine, cadmium, copper, cyanide, DD-endrin, mercury, polychlorinated biphenyls (PCB's) and toxaphene. Pollutants included as "toxic" shall be those promulgated as such by the United States Environmental Protection Agency.
   (ooo)   "Unpolluted water" is water of quality equal to or better than the effluent criteria in effect, or water that would not cause a violation of the receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment works provided.
   (ppp)   "User charge" means a charge levied on users of the wastewater treatment works for the cost of operation, maintenance and replacement of such works and for charges to the City of North Royalton by other political subdivisions or governmental agencies for sanitary sewer services.
   (qqq)   "User class" means any class of users of the wastewater works.
   (rrr)   "Wastewater" or "wastes" means the spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industries and institutions, together with any ground water, surface water and storm water that may be present.
   (sss)   "Wastewater treatment plant" or "plant" means that portion of the wastewater treatment works required to treat wastewater and to dispose of the effluent.
   (ttt)   "Wastewater treatment works" or "works" means the structures, equipment, parcels of land, easements and processes required to collect, carry away and treat wastewater and to dispose of the effluent of the City but shall not include storm sewers.
   (uuu)   "Well water account" means a user of the wastewater treatment works who is supplied water from a source other than the water system of the City of Cleveland.
(Ord. 09-119. Passed 11-17-09.)