921.02 DEFINITIONS.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(a) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended; as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(b) "Applicable Treatment Standard" means any pretreatment limit or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which non-domestic users will be required to comply with.
(c) "Approval authority" means the Director in an NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a non-NPDES state without an Approved State Pretreatment Program. The State of Ohio is an NPDES state with an Approved State Pretreatment Program.
(d) "Authority" means the Service Director or his authorized representative (i.e. the POTW superintendent, etc.).
(e) "Authorized Representative of Industrial User (Discharger)" means an authorized representative of an industrial user which may be:
(1) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively;
(3) A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates;
(4) Any representative meeting the requirements of 40 CFR 403.12(1).
(f) "Average monthly discharge limitation" means 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 that month.
(g) "Average weekly discharge limitation" means the highest allowable average of "daily discharges" over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.
(h) "Building drain" or "Floor 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 five feet outside the inner face of the building wall.
(i) "Building Inspector" means and designates the Building Inspector or his duly authorized agent or representative.
(j) "Building Sewer" means the extension from the building drain to the public sewer or other place of disposal, also called house connection.
(k) "Bypass" means the intentional diversion of wastestreams from any portion of an Industrial User's Treatment facility as per 40 CFR 403.17(a).
(l) "Categorical Pretreatment Standards" means the National Pretreatment Standards specifying quantities or concentration or pollutant properties which may be discharged or introduced into the POTW by specific Industrial Dischargers.
(m) "C.B.O.D." (Denoting Carbonaceous Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 C. expressed in milligrams per liter by weight.
(n) "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.
(o) "City" means the City of Norwalk, County of Huron, State of Ohio.
(p) "County Board of Health" means the County of Huron Health Department.
(q) "City Engineer" or "Engineer" means and designates the City Engineer of the City of Norwalk, Ohio.
(r) "Combined Sewer" means a sewer receiving both surface runoff and wastewater.
(s) "Composite Sample" means a sample that should contain 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.
(t) "Daily discharge" means the discharge or a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling.
(u) "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.
(v) "Discharger or industrial discharger" means any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto.
(w) "Domestic" means a residential user of the wastewater treatment works.
(x) "Dry industrial user" means a contributor that meets all the following criteria:
(1) Discharges only sanitary wastes.
(2) Has no reasonable potential for toxic spills to the wastewater collection system.
(3) Does not effect the wastewater treatment plant either by the quantity or quality of the discharge.
Domestic wastes are defined as wastes originating from sanitary conveniences. Domestic wastes do not include trade or process wastes.
(y) "Federal Act" or "Act" means and designates the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and Clean Water Act (33 U.S.C. 1251 et seq) and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(z) "Garbage" means solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
(aa) "Grab sample" means 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.
(bb) "Indirect discharge" means the discharge or the introduction of non-domestic pollutants from a source regulated under Section 307(b) or (c) of the Act, into the POTW.
(cc) "Industrial User" or "Industry" means a source of Indirect Discharge.
(dd) "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.
(ee) "Industrial discharge permit" means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
(ff) "Influent" means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(gg) "Intercepting Sewer" means a sewer intended to receive flow 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.
(hh) "Interference" means an inhibition or disruption of the wastewater treatment processes or operations which contributes to a violation of any requirement of the City's NPDES permit. The term includes prevention of wastewater sludge use or disposal by the treatment plant in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, Resource Conservation Recovery Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV or the Solid Waste Disposal Act) applicable to the method of disposal or use employed by the City.
(ii) "Maximum daily discharge limitations" means the highest allowable "daily discharge".
(jj) "Natural outlet" means any outlet into a water-course, pond, ditch, lake or other body of surface or ground water.
(kk) "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 or under 40 CFR 403.3(k) 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 of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source a the same site.
(11) "Nonsignificant industrial user" means a contributor that meets all of the following criteria:
(1) Has a flow of less than 25,000 gallons per average workday.
(2) Does not have in its waste a toxic pollutant in toxic amounts as defined in Section 307 of the Federal Act.
(3) Is found by the City, State, or the USEPA, either singly or in combination with other industries, to not have a significant impact on the waste treatment system, the quality of sludge, the systems effluent quality or air emission generated by the system.
(mm) "NPDES permit" means and designates a "National Pollutant Discharge Elimination System Permit", issued pursuant to Part 125 of the Federal Act means any permit or equivalent document or requirements issued by the State Water Pollution Control Agency to regulate the discharge of pollutants.
(nn) "O and M" means Operation and Maintenance.
(oo) "Orders" means the letter issued by the POTW setting forth conditions for the discharge of pollutants to the POTW pursuant to this chapter.
(pp) "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except wastewater and industrial wastes.
(qq) "Owner" or "person" means any individual, firm, company, association, society, corporation, or group.
(rr) "Pass through" means any indirect discharge which exits the POTW into waters of the United States or quantities or concentrations, which alone or in conjunction with a discharge(s) 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).
(ss) "pH" means the logarithm of the reciprocal of the weight hydrogen ions in grams per liter of solution.
(tt) "Pollutant" means any substance discharged into a POTW or its collection system, including those listed in Appendix A hereto, (or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutation or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.)
(uu) "POTW - Publicly Owned Treatment Works" means wastewater treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(vv) "Pretreatment" means the reduction of 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 or otherwise introducing such pollutants into a POTW.
(ww) "Pretreatment standard" means any regulation containing pollutant discharge limits, established by national, state and/or local requirements.
(xx) "Private sewer" means a sewer constructed and serving individual owners or persons under private ownership.
(yy) "Properly shredded garbage" means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension.
(zz) "Public sewer" means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
(aaa) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the POTW.
(bbb) "Sanitary sewer" means a sewer which carries wastewater and wastes and to which storm, surface and ground waters are not intentionally admitted.
(ccc) "Sanitary sewer charge" means the aggregate of rate increments established by separate revenue systems, i.e., User Charges, Extra Strength Surcharges and Debt Service Charges (operation, maintenance, replacement and administration).
(ddd) "Service Director" means the Director of Public Service and Safety of the City of Norwalk, or his authorized deputy, agent, or representative.
(eee) "Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
(fff) "Sewer" means a pipe, conduit, ditch or other device used to collect and carrying wastewater.
(ggg) "Shall" is mandatory; "May" is permissive.
(hhh) "Significant Industrial User" means a contributor that meets any or all of the following criteria:
(1) All industrial users subject to categorical pretreatment standards; and
(2) Any other industrial user that 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 (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or 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.
The Service Director may at any time, on his 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 for violating any pretreatment standard or requirement.
(iii) "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 similiar characteristics and effects as defined in standards issued under Sections 402, 405 of the Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act (PL 94-580).
(jjj) "Slug" or "Slugload" means any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW.
(kkk) "Source" means the total discharge from a plant, commercial business or residential location.
(lll) "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.
(mmm) "Standard Methods" means the laboratory procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Associations.
(nnn) "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, excluding wastewater.
(ooo) "Superintendent" means the Superintendent of Water and Wastewater or his duly authorized agent or representative.
(ppp) "Surcharge" means the assessments 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 wastewater.
(qqq) "Suspended Solids" means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and as referred to as nonfilterable residue.
(rrr) "Total solids" means the suspended and dissolved solids.
(sss) "Toxic amount" means 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 pursuant to Section 307(a) of PL 92-500.
(ttt) "Toxic pollutants" means those substances referred to in Section 307(2) of the Act as well as any other known potential substances capable of producing toxic effects.
(uuu) "Unpolluted water" means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable for disposal to a storm sewer, natural drainage, or directly to the waters of the State and would not be benefitted by discharge to the sanitary sewers and wastewaters works provided.
(vvv) "Upset" means an exceptional incident in which a Discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in 40 CFR 403.16, Appendix A hereto, or the Industrial Users 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 preventive maintenance, or careless or improper operation thereof.
(www) "U.S. Environmental Protection Agency, or EPA" means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.
(xxx) "User charge" means a charge levied on users of the wastewater treatment works for the cost of operation, maintenance and replacement of such works.
(1) Operation and maintenance shall be the administration, monitoring, inspections, reviewing applications, maintenance of equipment and treatment and collection of wastewaters, 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 means the 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. (Ord. 91-110. Passed 10-1-91.)
(yyy) "User class" means any class of users of the wastewater works, defined as follows:
(1) Residential user shall be any user that discharges wastes from sanitary conveniences to the sanitary sewer system. A residential user can mean, be it not limited to, dwelling units.
(Ord. 95-140. Passed 9-19-95.)
(2) Commercial user means any user that discharges wastes from sanitary conveniences to the sanitary sewer system such as, but not limited to, commercial establishments and users not included in the residential or industrial user classes.
(3) "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 Industrial Classification Manual, 1987, Office 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. (Ord. 91-110. Passed 10-1-91.)
(4) “Institutional/governmental user” means any hospitals, nursing homes, schools, city, county, state or federal buildings or facilities that discharge wastewater into the public wastewater treatment system, works and facility. (Ord. 95-141. Passed 9-19-95.)
(zzz) "Wastewater" means water-carried human wastes or combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
(aaaa) "Waste Constituents and Characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(bbbb) "Wastewater Treatment Plant" means any arrangement of devices and structures used for treating wastewater.
(cccc) "Wastewater works" means all facilities for collecting, pumping, treating and disposing of wastewater.
(dddd) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 91-110. Passed 10-1-91.)