Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(1) "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.
(2) "Applicable pretreatment standard" means any pretreatment limit or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which nondomestic users will be required to comply with.
(3) "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 or NPDES state without an approved state pretreatment program. The State of Ohio is an NPDES state with an approved state pretreatment program.
(4) "Average thirty-day discharge limitation" means the highest allowable arithmetic average of all the determinations of daily concentration made during the thirty-day period. If only one sample is taken in the thirty-day period, its concentration is the thirty-day concentration for that thirty-day period. If more than one sample is taken during one thirty-day period, the average thirty-day concentration is calculated by totaling the daily concentrations for the thirty-day period and dividing by the number of days sampled during that thirty-day period.
(Ord. 117-1993. Passed 6-14-93.)
(5) "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.
(6) "Beneficial uses" includes, but is not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, 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.
(7) "Bypass" means the intentional diversion of wastestreams from any portion of a discharger's treatment facility.
(8) "Categorical pretreatment standards" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
(9) "City" means the City of Oregon, Ohio which shall be the governmental entity enacting and enforcing this chapter.
(10) "Composite sample" means 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.
(11) "Daily discharge" means 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.
(12) "Director" means the Director of Public Service of the City of Oregon or his duly authorized agent.
(13) "Discharger" or "industrial discharger" means any nondomestic user who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains and all constructed devices and appliances appurtenant thereto.
(14) "Easement" means an acquired legal right of the specific use of land owned by others.
(15) "Garbage" means any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(16) "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.
(17) "Ground (shredded) garbage" means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than one-half inch in dimension.
(18) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b) and (c) of the Act, into a POTW.
(19) "Industrial user" means any nondomestic establishment, manufacturing or processing facility that discharges industrial waste to the POTW.
(20) "Industrial waste" means any solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(21) "Influent" means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(22) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. Therefore is a cause of violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.
(23) "Major significant industry" means:
A. Except as provided in subsection (23)B. hereof, "major significant industry" includes:
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 (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) 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 Director, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The 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 major significant industry if the industrial user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
(24) "Maximum daily discharge limitations" means the highest allowable daily discharge.
(25) "May" indicates a discretionary condition.
(26) "Minor significant industry" means an industrial user that:
A. Is not subject to categorical pretreatment standards;
B. Does not discharge an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW;
C. Does not contribute 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;
D. Is found by the Director not to have a reasonable potential to adversely impact the POTW's operation or for violating any pretreatment standard or requirement; or
E. Discharges quantities of BOD, COD, suspended solids or other substances compatible with the wastewater treatment plant operational processes.
(27) "National Categorical Pretreatment Standard" or "Pretreatment Standard" means 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.
(28) "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. The building, structure, facility or installation is constructed at a site at which no other source is located; or
B. The building, structure, facility or installation 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 building, structure, facility or installation are substantially independent of an existing source at the same site.
(29) “Nondomestic user” means any person who discharges, causes or permits the discharge of wastewater from any facility other than a residential unit.
(30) "Nonsignificant industry" means an industrial user that:
A. Is not subject to categorical pretreatment standards;
B. Does not discharge an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW;
C. Does not contribute 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;
D. Is found by the Director not to have a reasonable potential to adversely impact the POTW's operation or for violating any pretreatment standard or requirement; or
E. Discharges normal domestic quantities of wastewater which are compatible with the wastewater treatment plant operational processes.
(31) "NPDES permit" means the National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
(32) "O and M" means operation and maintenance.
(33) "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
(34) "Pass through" means a discharge which exits the POTW into 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 violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation.)
(35) "Person" means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Ohio, the United States of America or other legal entity, or their legal representatives, agents or assigns. The masculine gender includes the feminine, the singular includes the plural where indicated by the context.
(36) "POTW" means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(37) "Pollutant" means any substance discharged into a POTW or its collection system, listed in Appendices A and B hereto, (or any substance which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations or physiological manifestations as defined in standards issued pursuant to Section 307(a) of the Act.)
(38) "Pollutant parameters" means:
A. "Biological Oxygen Demand (BOD)" of sewage, sewage effluent, polluted water or industrial wastes means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at twenty degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
B. "Chemical Oxygen Demand (COD)" of sewage, sewage effluent, polluted waters or industrial wastes is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
C. "Fecal coliform" means any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
D. "Floatable oil" means oil, fat or grease in a physical state, such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
E. "Grease and oil" means 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. Grease and oils are defined by the method of their determination in accordance with Standard Methods.
F. "Grease and oil of animal and vegetable origin" means substances that are less readily biodegradable in nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
G. "Grease and oil of mineral origin" means substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.
H. "pH" means the logarithm (to the base of 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
I. "Phosphorous" means a constituent in wastewater as identified in Standard Methods.
J. "Suspended solids" means solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
K. "Total solids" means the sum of suspended and dissolved solids.
L. "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Celsius for fifteen to twenty minutes.
M. Any other pollutant parameter deemed appropriate.
(39) "Pollution" means an alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses; the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(40) "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.
(41) "Pretreatment requirements" means any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(42) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the POTW.
(43) “Septic waste” means any sewage from holding tanks such as vessels, chemical toilets, and septic tanks.
(44) "Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.
(45) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(46) "Shall" means a mandatory condition.
(47) "Sludge" means any solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
(48) "Slugload" means any pollutant, including oxygen demanding pollutants (BOD, etc.) released in an extraordinary discharge episode of such volume or strength as to cause interference or pass through at a POTW.
(49) "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.
(50) "Standard Methods" means the laboratory procedures set forth in the latest edition, at the time of analysis, 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 Pollution Control Federation.
(51) "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 issued pursuant to Section 307(a) of PL 92-500.
(52) "Toxic pollutant" means those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
(53) "Unpolluted water" means water of a quality that has not been altered chemically, physically, biologically or radiologically by man or that would not benefit by discharge to sanitary sewers and subsequent wastewater treatment.
(54) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendices A and B hereto 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 preventative maintenance or careless or improper operation thereof.
(55) "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.
(56) "User" means any person that discharges, causes or permits the discharge of wastewater into the POTW.
(57) “Wastewater hauler discharge permit” means a permit to deposit or discharge septic waste into the sanitary sewer system as issued by the Director.
(58) "Wastewater" means industrial waste or sewage or any other waste that may be discharged into the POTW.
(59) "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(60) "Wastewater discharge permit" means a permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
(61) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 193-1994. Passed 11-14-94.)