921.12 DEFINITIONS.
   (1)   “Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
 
   (2)   “Applicable pretreatment standard” means pretreatment limit or prohibitive standard (federal and/or local), deemed to be the most restrictive, with which non-domestic users are required to comply.
 
   (3)   “Approval authority” means the Ohio Environmental Protection Agency and the United States Environmental Protection Agency.
 
   (4)   “Authority” means the Village of Shawnee Hills acting through its designated representative for all areas in Delaware County included in the respective sewer district tributary to the Authority’s WWTP.
 
   (5)   “Authorized representative of industrial user” means:
      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 discharge originates.
 
   (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 the 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)   “Beneficial uses” include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and 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.
 
   (9)   “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 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l). Laboratory procedures shall be in accordance with the latest edition of Standard Methods.
 
   (10)   “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 sewer, terminating outside the inner face of the building wall.
 
   (11)   “Building sewer” means the extension from the building drain to the municipal sewer or other place of disposal.
 
   (12)   “Capacity charge” means the charge levied on new users in the system to help fund future POTW expansions as the new users reduce existing plant growth capacity. The capacity charge is based on the EDU of the new user at the rate in effect at the time of permit application.
 
   (13)   “Capital cost” means that portion of the cost of the sewage treatment system which is directly attributable to the cost of principle and interest obligations issued to finance acquisition and construction of the wastewater system.
 
   (14)   “Carbonaceous biochemical oxygen demand (CBOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter not including Nitrification under standard laboratory procedure in five (5) days at 20 degrees Centigrade expressed in terms of weight and concentration (milligrams per liter (mg/l)). Laboratory procedures shall be in accordance with the latest edition of Standard Methods.
 
   (15)   “Chemical oxygen demand (COD)” means quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures, expressed in terms of parts per million by weight in accordance with procedures set forth in the latest edition of Standard Methods.
 
   (16)   “Chlorine requirement” means the amount of chlorine, in parts per million by weight, which must be added to sewage to produce a specified residual chlorine content, or to meet the requirements of some other objectives, in accordance with procedures set forth in the latest edition of Standard Methods.
 
   (17)   “Combined sewer” means a sewer intended to receive both wastewater and storm or surface water.
 
   (18)   “Commercial user” means any aggregation of space, office, laundry, restaurant, stores, taverns, shops, and other like units, which is equipped with one or more water fixtures draining into the wastewater disposal system, separate and distinct from other users of service. In office buildings or other premises containing more than one tenant, only those tenants shall be classified as users of service who occupy space equipped with a distinct opening or fixture or set of fixtures for the use of water separately from other tenants and with waste draining into the water disposal system.
 
   (19)   “Compatible pollutant” means the BOD, SS, pH, and fecal coliform bacteria, plus additional pollutants identified in the Authority’s NPDES permit if the treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.
 
   (20)   “Composite sample” means a sample which contains a minimum of eight discrete samples taken at equal time intervals over the composting period or proportional to the flow rate over the composting period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
 
   (21)   “Control manhole” means a structure which provides access to a building sewer. A control manhole may be used as an inspection chamber and may contain certain testing equipment.
 
   (22)   “Cooling water” means the water discharge from any use such as air-conditioning, cooling, or refrigeration, or during which the only constituent added to the water is heat.
 
   (23)   “Daily discharge” mean the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.
 
   (24)   “Debt service charges” means charges resulting from the capital investment in wastewater system consisting of the annual principal and interest payments and other amounts required in connection with the issuance and sale of bonds to provide the funds for construction.
 
   (25)   “Easement” means an acquired legal right of the specific use of land owned by others.
(Ord. 12-2001. Passed 9-10-01.)
 
   (25.1)   “Equivalent Residential Unit (ERU)” is a value, equal to two thousand (2,000) square feet of impervious area of residential properties within the Village of Shawnee Hills.
(Ord. 20-2007. Passed 5-21-07.)
 
   (26)   “EPA or U.S. Environmental Protection Agency” means the United States Environmental Protection Agency and may also be used, where appropriate, as a designation for the administrator or other duly authorized official of such agency.
 
   (27)   “Equivalent Dwelling Unit (EDU)” means measurement of a home equivalent based upon a flow rate of 175 gallons per day. Homes, trailers, cottages and other single residential structures shall be considered as 1 EDU each regardless of flow rate. Multi-unit residential dwellings shall be considered as 1 EDU per unit.
 
   (28)   “Ether-soluble matter” means oil and grease which is soluble in ether, as measured in the laboratory procedure made in accordance with the method set forth in Standard Methods.
 
   (29)   “Fecal coliform” means any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
 
   (30)   “Flotable 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.
 
   (31)   “Foundation drains” means subsurface drains laid around the foundation of a building, either within or outside of the building foundation, for the purpose of carrying ground or subsurface water to some point of discharge.
 
   (32)   “Garbage” means the residue from the preparation and dispensing of food, and from the handling, storage, and sale of produce.
 
   (33)   “Government user” means any user discharging wastewater from premises utilized by public political units, including Federal, State, County, and Authority units.
 
   (34)   “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.
 
   (35)   “Grease and oil”refers to 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. Greases and oils are defined by the method of their determination in accordance with Standard Methods.
 
   (36)   “Grease and oil of animal and vegetable origin” means substances that are of a less readily biodegradable nature such as are discharged by meatpacking, vegetable oil, and fat industries, food processors, canneries, and restaurants.
 
   (37)   “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 waste, and storage depot wastes.
 
   (38)   “Ground garbage” means the residue from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
 
   (39)   “Incompatible pollutant” means any pollutant which is not a compatible pollutant as defined herein.
 
   (40)   “Industrial user” means a person who discharges to the Authority’s wastewater disposal system liquid, solid, or gaseous wastes resulting from the process employed in industrial or manufacturing activities, or from the development, recovering, or processing of any natural resource. Industrial users are identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, under Divisions A, B, D, E, and I.
 
   (41)   “Industrial waste” means any liquid, solid, or gaseous substance or form of energy, or combination thereof, resulting from any process of industrial, commercial, governmental and institutional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources other than those generating waste defined as “Normal Domestic Sewage” herein.
 
   (42)   “Industrial waste permit” means a formal permit to deposit or discharge industrial waste into any sanitary sewer, as issued by the Authority.
 
   (43)   “Infiltration” means water other than wastewater that enters a sewer system (including building sewer connections and foundation drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
 
   (44)   “Inflow” means water other than wastewater that enters a sewer system from sources such as , but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
 
   (45)   “Influent” means the water, together with any waste that may be present, flowing into a drain, sewer, receptacle, or outlet and then to the sewage treatment plant.
 
   (46)   “Inspection fee” shall be the amount charged by the Authority to inspect and issue a permit for new users to verify proper construction procedures and materials.
 
   (47)   “Institutional user” means any person discharging wastewater from premises serving educational, social, or eleemosynary purposes, including, but not limited to, private schools, hospitals, nursing homes, churches and charitable organizations.
 
   (48)   “Interference” means inhibition or disruption of the sewage treatment processes or operations which contributes to a violation of any requirements of the Authority’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the treatment plant in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criterial, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or more stringent state criterial (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 Authority.
 
   (49)   “Major contributing industry” means any user of the Authority’s wastewater disposal system which (1) Has a disposal flow of 25,000 gallons per average workday, or (2) Has a flow greater than five percent (5%) of the flow in the Authority’s wastewater disposal system, or (3) Has its wastes toxic pollutants as defined pursuant to Section 307 of the Act, or (4) Has significant impact, either singly or in combination with other contributing industries, on the wastewater disposal system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.
 
   (50)   “Maximum daily discharge limitations” means the highest allowable daily discharge.
 
   (51)   “National Categorical Pretreatment Standard” means any regulation containing pollutant discharge of 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.
 
   (52)   “National Pollutant Discharge Elimination System (NPDES) permit” shall be issued by the State of Ohio or EPA pursuant to the Act for the purpose of regulating the discharge of sewage, industrial wastes, and other wastes under the authority of Section 402 of the Act, into the navigable wasters of the United States.
 
   (53)   “Natural outlet” means any outlet into a water course, pond, ditch, lake, or other body of surface or ground water.
 
   (54)   “New source” means any source of wastewater, the construction of which is commenced after the publication of regulations prescribing an applicable Section 307(c) (33 U.S.C. 1317) Categorical Pretreatment Standard is promulgated in the Federal Register.
 
   (55)   “Nonresidential user” means commercial, governmental, institutional, and industrial users in the aggregate and all other users not considered under the residential user category.
 
   (56)   “Normal domestic sewage” means wastewater that has a BOD concentration of not more than 370 mg/l and a suspended solid concentration of not more than 270 mg/l and discharged principally from dwellings such as residences, apartments, trailers, etc.
 
   (57)   “NPDES” See National Pollutant Discharge Elimination System Permit.
 
   (58)   “On-lot system” means a publicly owned grinder pressure pump system located on public and/or private property together with all electrical connections and appurtenances thereof. The public system begins at and includes the septic tanks inlet.
 
   (59)   “Operation and maintenance costs” means the current, reasonable and necessary costs of operation and maintenance of the wastewater disposal system, paid or incurred, determined in accordance with generally accepted accounting principles, including replacement costs, but excluding payments of principal and of interest on obligations issued to finance the costs of acquisition and construction of the treatment works.
 
   (60)   “Parts per million (ppm)” means a weight-to-weight ratio. The parts-per-million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water. Milligrams per liter (mg/l) is a synonymous term.
 
   (61)   “Person” means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, association, institution, enterprise, governmental agency, the State of Ohio, the United States of America, or other legal entity, or their representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
 
   (62)   “pH” means the logarithm, base ten, of the reciprocal of the hydrogen ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in Standard Methods.
 
   (63)   “Pollutant” means the dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic, and agricultural waste discharged into water.
 
   (64)   “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. Pollution is the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
 
   (65)   “POTW” See Publicly Owned Treatment Works.
 
   (66)   “Premises” means any piece of real estate having one or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the wastewater disposal system.
 
   (67)   “Pretreatment” means the process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater prior to introducing such pollutants into the Authority’s wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical, or biological processes, process changes or other means, except as prohibited by this chapter.
 
   (68)   “Pretreatment requirements” means any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
 
   (69)   “Private on-site treatment facilities” means any private sewage treatment facilities located at the site where wastewater is being generated, when such facilities are for the purpose of treating or pretreating the generated wastewater before it enters the public sewer.
 
   (70)   “Properly shredded garbage” means the 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 conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.
 
   (71)   “Public sewers” means a sewer provided by or subject to the jurisdiction of the Authority on public or private property. It also includes sewers within or outside the Authority boundaries that serve one or more persons and ultimately discharge to the Authority sanitary sewer system, even though these sewers may not have been constructed with Authority funds.
 
   (72)   “Publicly Owned Treatment Works (POTW)” means all publicly owned (Authority owned) facilities for the collection, treatment, and disposal of wastewater.
 
   (73)   “Receiving stream” means the watercourse, stream, or body of water receiving the waters finally discharged from the wastewater treatment plant.
 
   (74)   “Reimbursable expenses” means those costs incurred by the Authority which are passed on to the users of the POTW on whose behalf the expenses were incurred. Included will be such items as sampling costs and laboratory fees.
 
   (75)   “Replacement” means any expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. Also known as “equipment replacement costs.”
 
   (76)   “Residential user” shall be any aggregation of space or area occupied as a residence and generating domestic wastewater. In multi-use premises, only those divisions of the building utilized as domicile will be considered residential users.
 
   (77)   “Sanitary sewer” means a gravity or pressure sewer which carries wastewater and to which storm, surface, and groundwaters are not intentionally admitted.
 
   (78)   “Service area” means all users connected with the treatment works including those in Delaware County and outside of the Ostrander Village corporation limits.
 
   (79)   “Sewage” means the water-carried human, animal, and household wastes in public or private drain, and may include industrial wastes and unintentional groundwater infiltration and surface drainage.
 
   (80)   “Sewage disposal system” means all facilities for collecting, pumping, treating, and disposing of sanitary sewage to and through the sewage treatment or disposal works or extensions thereof. This shall not including pluming inside or in connection with building services or service sewers from a building to the publicly owned sewer connection.
 
   (81)   “Sewage treatment plant” means an assemblage of devices, structures, and equipment for treatment of sewage and industrial wastes.
 
   (82)   “Sewer” means a pipe or conduit for carrying wastewater.
 
   (83)   “Sewerage” means the system of sewers and appurtenances for the collection, transportation, and pumping of sewage and industrial wastes.
 
   (84)   “Sewer service charge” means an imposed charge upon all users receiving services from the Authority’s sewage disposal system in a total amount sufficient to pay the costs of the system. Sewer service charges consist of a debt service charge, an operation and maintenance charge, a surcharge (if applicable).
 
   (85)   “Shall”, “may” “shall” is mandatory, “may” is permissible.
 
   (86)   “Sludge” means any solid, semi-solid, or liquid waste generated by a public, 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, 405 and of the Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act (PL 94-580).
 
   (87)   “Slug” means any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of longer duration than fifteen minutes more than five times its average hourly concentration or flow.
(Ord. 12-2001. Passed 9-10-01.)
 
   (87.1)   “Square footage of impervious area” means, for the purpose of assigning an appropriate number of ERUs to a parcel of real property, the square footage of all impervious area using the outside boundary dimensions of the impervious area to include the total enclosed square footage, without regard to topographic features of the enclosed surface.
(Ord. 20-2007. Passed 5-21-07.)
 
   (88)   “Standard Industrial Classification (SIC)” means the system that classifies industries pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, assigning a code (SIC Code) denoting the manufacturing process.
 
   (89)   “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.
 
   (90)   “Storm sewer or storm drain” means a public or private sewer and public ditch which carries storm, surface, and groundwater drainage, but excludes sewage and industrial wastes.
 
   (91)   “Stormwater runoff” means that portion of rainfall that is drained into the storm sewers.
 
   (92)   “Surcharge” means the assessment in addition to the service charge which is levied on those persons whose wastes are greater in strength that the concentration values established as representative of normal sewage.
 
   (93)   “Suspended Solids (SS)” means solids that either float on the surface of, or are in suspension or will settle in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.
 
   (94)   “Total solids” means the sum of suspended and dissolved solids.
 
   (95)   “Toxic solids” 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 the Act.
 
   (96)   “Treatment plant”. See “Sewage Treatment Plant”.
 
   (97)   “Unpolluted water or unpolluted liquid” means any water or liquid containing none of the following: free of emulsified grease or oil; acids or alkalides; substances that may impart taste, odor, or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or otherwise obnoxious gases. It shall not contain more than 2,500 parts per million by weight of dissolved solids and no more than ten parts per million each of Suspended Solids (SS) or biochemical oxygen demand (BOD). Analytical determinations shall be made in accordance with procedures set forth in Standard Methods.
 
   (98)   “Upset or operating upset” means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth 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 preventive maintenance, or careless or improper operation thereof.
 
   (99)   “Useful life” shall near the estimated period during which a treatment work will be operated.
 
   (100)   “User” means any property upon which an on-lot system has been constructed and is available for use whether or not it is actually connected to the building drain.
 
   (101)   “User charge” means that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation maintenance, and replacement of the wastewater treatment works.
 
   (102)   “User class” means a group of users that discharges, causes, or permits the discharge of wastewater with similar characteristics into the sewerage system. All users shall be classified as nonresidential (commercial, governmental, industrial and institutional) and residential users.
 
   (103)   “Volatile organic matter” means the material in the sewage solids transformed to gases or vapors when heated at 500 degrees Centigrade for 15 to 20 minutes per Standard Methods.
 
   (104)   “Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the Authority’s wastewater disposal system.
 
   (105)   “Wastewater Treatment Plant” (See Sewage Treatment Plant).
 
   (106)   “Watercourse” means a channel in which a flow of water occurs, whether continuously or intermittently.
 
   (107)   “Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies of accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
 
   (108)   “Working capital” means a reasonable reserve of monies within the system operating fund to provide a margin of safety for fluctuations of the cash flow in the fund.