(a) 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, 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.
(2) "Administrator" or "Village Administrator" means the Village Administrator of the Village of Plain City, Ohio.
(3) "Applicable Treatment Standard" means any pretreatment limit or prohibitive standard (Federal and/or local) contained in this chapter and deemed to be the most restrictive which non-domestic users will be required to comply with.
(4) "Approval Authority" means the director in an NPDES state with an approved State Pretreatment Program and the Administrator of the EPA in a nonNPDES state without an approved State Pretreatment Program. The State of Ohio is an NPDES state with an approved State Pretreatment Program.
(5) "Authorized Representative of Industrial User" means an authorized representative of an industrial user which may be:
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 indirect discharge originates; or
D. Any representative meeting the requirements of 40 CFR 403.12(1).
(6) "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.
(7) "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.
(8) "Biochemical Oxygen Demand (BOD5)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as outlined in the Environmental Protection Agency "Guidelines Establishing Test Procedures for Analysis of Pollutants" (Ref. FR 10-16-73, Vol. 38, No. 199, Part II ), in five (5) days at twenty (20) degrees centigrade, expressed in parts per million by weight.
(9) "Building Drain" means that part of the lowest horizontal piping of a drainage system carrying waste water or clean water, but not combined, which receives discharge from soil, waste and other drainage pipes inside the walls of the building, and conveys it to the Building Sewer, and which begins five feet (5') outside the inner face of the building wall.
(10) "Building Sewer" means the extension from the Building Drain to the Public Sewer or other place of disposal, also called "House Connection."
(11) “Bypass” means the intentional diversion of waste streams from any portion of an industrial user's treatment facility as per 40 CFR 403.17(a).
(12) "Categorical Pretreatment Standards" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the sewage treatment works by specific industrial users.
(13) “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.
(14) "Combined Sewer" means a sewer which is designed to carry sanitary wastewater, industrial wastewater, and storm water.
(15) "Compatible Pollutant" means BOD5 or suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree. Examples of such additional pollutants may include:
A. COD;
B. Total organic carbon;
C. Phosphorus and phosphorus compounds;
D. Nitrogen and nitrogen compounds;
E. Fats, oils and greases of animal or vegetable origin except as prohibited under Section 925.04
(e) and (f).
(16) "Composite Sample" means a sample that should contain a minimum of eight (8) 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.
(17) "Cooling Water" or "Industrial Cooling Water" means the unpolluted water discharged from any system of condensation, air conditioning cooling, refrigeration or other similar use which meet the criteria established by the OEPA for effluents discharged to water courses at Plain City, Ohio.
(18) "Daily Discharge" means the discharge of a pollutant measured during a calendar day or any twenty-four (24) hour period that reasonably represents the calendar day for purposes of sampling.
(19) "Discharger" or "Industrial Discharger" means any non-residential user who discharges an effluent into a WWTP by means of pipes, conduits, pumping stations, force mains, intercepting ditches, and all constructed devices and appliances appurtenant thereto.
(20) "Domestic" means a residential user of the wastewater treatment works.
(21) "Dry Discharger" means a contributor that meets all the following criteria:
A. Discharges only sanitary waste;
B. Has no reasonable potential for toxic spills to the wastewater collection system; and
C. Does not effect the wastewater treatment plant either by the quantity or quality of the discharge.
(22) "EPA Methods" means “Methods for Chemical Analysis of Water and Wastes”, 1971, Environmental Protection Agency, Analysis Quality Control Laboratory, Cincinnati, Ohio.
(23) "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 plant.
(24) "Garbage" means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from handling, storage, and sale of produce.
(25) "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.
(26) "Incompatible Pollutant" means any pollutant which is not a "compatible pollutant" as defined in subsection (15) hereof.
(27) "Industrial User" or "Industry" or "User" means a source of indirect discharge.
(28) "Indirect Discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under the Act into the sewage works.
(29) "Industrial Wastes" (sometimes called "process wastewater") means the liquid, solid, or gaseous wastes from industrial manufacturing processes, or processing of natural resources.
(30) "Interceptor" means a device designed and installed so as to separate and/or retain deleterious, hazardous or undesirable matter from normal sewage, and permits normal wastewater or discharge into the disposal terminal by gravity.
(31) "Interference" means the inhibition or disruption of the sewage treatment works, treatment processes or operation which contributes to a violation of any requirement of the Village'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 of the Solid Waste Disposal Act) applicable to the method of disposal or use employed by the Village.
(32) "Maximum Daily Discharge Limitations" means the highest allowable daily discharge.
(33) "May" is permissive, "shall" is mandatory.
(34) "Natural Outlet" means any outlet, including storm sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(35) "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:
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; 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.
(36) "Non-significant Industrial User" means a contributor that meets all the following criteria:
A. Does not have in its waste a toxic pollutant in toxic amounts as defined in Section 307 of the Federal Act; and
B. Is found by the Village, 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.
(37) "Normal Strength Sewage or Wastes," as defined for the purpose of determining surcharge, means wastewater having an average daily suspended solids concentration of not more than 250 mg/l, an average daily BOD5 concentration of not more than 200 mg/l and not containing any of the characteristics in excess of the limitations as prohibited and established by Section 925.04
(e) and (f).
(38) "NPDES Permit" means the National Pollutant Discharge Elimination System permit issued to the Village of Plain City Wastewater Treatment Plant by the OEPA.
(39) "OEPA" means the Ohio Environmental Protection Agency.
(40) "Orders" means the letter issued by the Village Engineer setting forth conditions for the discharge of pollutants to the WWTP pursuant to this chapter.
(41) "Owner" means any person in title or having any interest in real property within the area served by the Village sewage system and its extensions and/or drainage area, or areas or property covered by contract providing for Village service to the area or property under contract.
(42) "Pass Through" means any indirect discharge which exits the WWTP into waters of the United States in 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 WWTP's NPDES permit (including an increase in the magnitude or duration of a violation).
(43) "Person" means any individual, firm, company, association, society, corporation or group.
(44) "pH" means the logarithm (base 10) 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.)
(45) "Pollutant" means dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water.
(46) "PPM" means parts per million by weight and or milligrams per liter (mg/l).
(47) "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 the sewage works.
(48) "Pretreatment Standard" means any regulation containing pollutant discharge limits, established by national, state and/or local requirements.
(49) "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 particle greater than one-half inch (½") in any dimension.
(50) "Public Sewer" means a common sewer which is owned and controlled by the Village of Plain City, Ohio.
(51) "Receiving Stream" means the watercourse, stream or body of water receiving the waters finally discharged from the WWTP.
(52) "Sanitary Sewer" means a sewer which carries wastewater and to which storm, surface, and ground waters are not intentionally admitted.
(53) "Sanitary Wastewater" means a combination of water-carried wastes from residences, business buildings, institutions, commercial, industrial and manufacturing establishments contributed by reason of human occupancy.
(54) "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.
(55) "Sewage System" means the structures, equipment and process required to collect, transport and treat sanitary sewage at the wastewater treatment plant.
(56) "Sewage Works" means all facilities for collecting, pumping, treating, and disposing of wastewater, including industrial wastewater.
(57) "Sewer" means a pipe or conduit for conveying wastewater.
(58) “SIC Manual” means the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented.
(59) "Significant Industrial User" means a contributor that meets any or all of the following criteria:
A. All industrial users subject to categorical pretreatment standards; and/or
B. Any other industrial user that has a reasonable potential, in the opinion of the Village Engineer or Wastewater Superintendent, to adversely affect the WWTP's operation, or for violating any pretreatment standard or requirement. The Administrator may at any time with the approval of the Village Engineer and/or Wastewater Superintendent in response to a petition received from an industrial user, determine that a non-categorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the WWTP's operation or for violating any pretreatment standard or requirement.
(60) "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 similar characteristics and effects as defined in standards issued under Section 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).
(61) "Slug" or "Slugload" means any pollutant, including oxygen demanding pollutants (BOD5, etc.) released in a single extraordinary discharge episode of such volume or strength as to cause interference to the WWTP.
(62) "Specifications for Materials" means standard of specifications identified by the following abbreviations:
ANSI: American standards approved by the American National Standards Institute, Inc.
ASTM: Standards and tentative standards published by the American Society for Testing of Materials.
CS: Commercial standards representing recorded voluntary recommendations of the trade, issued by the United States Department of Commerce and obtainable from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20234.
(63) "Standard Industrial Classifications (SIC)" means classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(64) "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.
(65) "Storm Sewer" or "Storm Drain" means a pipe or conduit which carries storm, surface waters, and drainage (clear water), but which excludes sanitary wastewater and industrial wastewater, other than unpolluted wastewater and cooling water.
(66) "Superintendent" or "Wastewater Superintendent" means the water and wastewater superintendent of the Village of Plain City, Ohio.
(67) "Suspended Solids" means the 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 Waste and Wastewater" and referred to as “non-filterable residue”.
(68) "Total Solids" or "Total Residue" means the sum of suspended and dissolved solids.
(69) "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.
(70) "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.
(71) "Unpolluted Water" means water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment plant provided.
(72) "Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state of non-compliance with the standards set forth in 40 CFR 403.16 or this chapter due to factors beyond the reasonable control of the user and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation thereof.
(73) "USEPA" means the United States Environmental Protection Agency.
(74) "User Class" means the division of users within the Village's service area, by the origin of the sewage discharge and by the similarity of the function of such users. Stated in four general classes, they are:
A. The Domestic Class shall include all customers whose use of the sanitary sewerage system is domestic in nature. This includes all single and multiple family residences. It does not include commercial establishments such as hotels and motels;
B. The Commercial Class shall include those customers who are service oriented, as distinguished from residential and manufacturing. Examples: automotive service business including filling stations and car washes; food handling businesses including restaurants and grocery stores; hair dressing and barber shops; office buildings, including all professional offices; retail establishments; hotels and motels; laundries and dry cleaning establishments, etc.;
C. The Government/Institutional Class includes those customers who are service oriented and essentially non-profit in nature, such as hospitals, schools, government buildings, etc.; and
D. The Industrial Class includes all users who discharge to the Village sewage works liquid, solid, and/or gaseous wastes resulting from processes employed in industry or manufacturing, or from the development of any natural resource.
(75) "Village" means the Village of Plain City and/or its representative.
(76) "Village Council," "Council" or "Legislative Authority" means legislative authority of the Village of Plain City, Ohio.
(77) "Volatile Organic Matter" means the material in wastewater solids transformed to gases or vapors when heated at five hundred fifty (550) degrees C. for fifteen (15) to twenty (20) minutes.
(78) "Wastewater" 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, industrial plants, and institutions together with any groundwater, surface water, and stormwater that may be present.
(79) "Wastewater Superintendent". See “Superintendent”.
(80) "Wastewater Treatment Plant" or "WWTP" means any arrangement of devices and structures used for treating wastewater, domestic and non- domestic.
(81) "Watercourse" or "Waterway" means a channel in which a flow of water occurs, either continuously or intermittently.
(82) "Water and Sewer Department" or "Department" means the Department established by the Village for the purpose of managing and operating the water works and sewage works of the Village.
(83) "Water Works" means all facilities for water supply, filtration plant, pumping plant, storage reservoirs, water lines and services, and booster stations for obtaining, treating, and distributing potable water.
(Ord. 10-96. Passed 3-25-96.)