For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Act” or “the Act.” The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
(b) “Approval authority.” The State of Ohio Environmental Protection Agency (OEPA).
(c) “Authorized” or “duly authorized representative of the user.”
(1) If the user is a corporation:
A. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
B. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
(4) The individuals described in divisions (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
(d) “Biochemical Oxygen Demand (BOD).” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C, expressed as a concentration, milligrams per liter (mg/l).
(e) “Best Management Practices (BMP).” Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, practices and management plans to control plant site runoff, spillage or leaks, sludge or waste disposal, drainage from raw materials storage or an alternative means of complying with, or in place of certain established effluent limits.
(f) “Building drain.” The 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 lateral beginning at a clean-out directly inside the inner face of the building wall.
(g) “Bypass.” The intentional diversion of waste streams from any portion of a user's treatment facility.
(h) “Categorical Pretreatment Standard” or “Categorical Standard.” Any regulation specifying quantities or concentrations of pollutants which may be discharged into a POTW by specific industrial discharges that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(i) “Categorical Industrial User (CIU).” An industrial user subject to a categorical pretreatment standard or categorical standard.
(j) “City.” The City of Shelby, County of Richland, State of Ohio. Also, for the purposes of Chapter 1042 - Sewer Regulations, means the Superintendent, as charged with the duties and responsibilities of this chapter.
(k) “City Building Inspector.” The person employed and authorized by the city to inspect construction of residential buildings including the installation of house and sewer lateral and plumbing.
(l) “Chemical Oxygen Demand” or “COD.” A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
(m) “Control authority.” The City of Shelby.
(n) “Daily maximum.” The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
(o) “Daily maximum limit.” The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(p) “Director of Public Service.” The Mayor or his or her authorized deputy, agent or representative.
(q) “Environmental Protection Agency (EPA).” The U.S. Environmental Protection Agency or, the Ohio EPA acting as the duly authorized official of said agency.
(r) “Existing source.” Any source of discharge that is not a "new source."
(s) “Garbage.” Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
(t) “Grab sample.” A sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
(u) “House sewer lateral” or “building sewer lateral.” The extension from the building drain to the public sewer or other place of disposal.
(v) “Indirect discharge” or “discharge.” The introduction of pollutants into the POTW from any nondomestic source.
(w) “Industrial Discharge Permit.” A permit issued by the city, to an industrial user that is a source of an indirect discharge, with the terms and conditions by which the industrial user must comply.
(x) “Industrial user.” A source of indirect discharge.
(y) “Industrial waste.” Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
(z) “Instantaneous limit.” The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(aa) “Interference.” A discharge that, alone or in conjunction with another discharge, inhibits or disrupts the POTW, its treatment processes or operations, causes a violation of city's NPDES permit, or its sludge processes, use or disposal.
(bb) “Local limit.” Specific discharge limits developed and enforced by the city upon users or commercial facilities as listed in § 1042.13 to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(cc) “Natural outlet.” Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
(dd) “New source:”
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the date of passage of this chapter, 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.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of divisions (1)B. orC. above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this division has commenced if the owner or operator has:
A. Begun, or caused to begin, as part of a continuous onsite construction program;
1. Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new source facilities or equipment; or
B. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this division.
(ee) “NPDES.” National Pollutant Discharge Elimination System permit program as administered by the Ohio EPA.
(ff) “Noncontact cooling water.” Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(gg) “O and M” or “O&M.” Operation and Maintenance.
(hh) “Pass-through.” 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 a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation.
(ii) “Person.” Any individual, partnership, firm, company, corporation, joint stock company, trust, association, society, group or other legal entity. This definition includes all federal, state, and local governmental entities.
(jj) “pH.” A measure of the acidity or alkalinity of a solution, expressed in standard units.
(kk) “Pollutant.” Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
(ll) “Pretreatment.” 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
(mm) “Pretreatment requirements.” Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
(nn) “Pretreatment standards.” Prohibited discharge standards, categorical pretreatment standards, and local limits.
(oo) “Prohibited discharge standards.” Absolute prohibitions against the discharge of certain substances. These prohibitions appear in § 1042.12 of this chapter.
(pp) “Properly shredded garbage.” The wastes from the preparation, cooking and dispensing of food that has 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 in any dimension.
(qq) “Publicly Owned Treatment Works (POTW).” A treatment works, as defined by § 212 of the Act, which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
(rr) “Public sewer.” A sewer controlled by the city.
(ss) “Sanitary sewer.” A sewer which carries wastewater and wastes and to which storm, surface and ground waters shall not be admitted.
(tt) “Sewage.” Human excrement and gray water (household showers, dishwashing operations, etc.)
(uu) “Sewer.” A pipe or conduit for carrying wastewater.
(vv) “Significant Industrial User (SIU).” Is:
(1) An industrial user subject to Categorical Pretreatment Standards (CIU); or
(2) An industrial user that:
A. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater);
B. Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
C. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(ww) “Significant Non-Compliance (SNC).” An industrial user is considered in significant noncompliance if it has a violation that meets the criteria in divisions (3), (4), or (8) listed below. A Significant Industrial User (SIU) is considered in significant noncompliance if its violation meets any of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter at any permitted monitoring point during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as described in city ordinances that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, reports on compliance with compliance schedules, or any other reports required by the control authority;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, including a violation of BMPs, that the control authority determines adversely affects the operation or implementation of the local pretreatment program.
(xx) “Slug load” or “Slug discharge.” Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 1042.12 of this chapter. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
(yy) “Storm sewer or storm drain.” A sewer which carries storm and surface waters and drainage, but excludes wastewater and polluted industrial wastes.
(zz) “Storm water.” Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
(aaa) “Superintendent.” The person designated by the city to supervise the operation of the POTW, and who is charged with the duties and responsibilities by this chapter. The term also means a duly authorized representative of the superintendent.
(bbb) “Total Suspended Solids (TSS)” or “Suspended Solids.” The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.
(ccc) “User or “industrial user.” A source of non-domestic, indirect wastewater discharge to the POTW.
(ddd) “Wastewater.” Liquid and water-carried wastes and sewage from residences, business buildings, institutions and industrial establishments, whether treated or untreated, which are contributed to the POTW.
(eee) “Wastewater Treatment Plant (WWTP)” or “Treatment Plant.” That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(fff) “Wastewater Review Commission.”
(1) A commission consisting of three persons to include the following: a member of Council, the POTW superintendent, and a representative of industry. The following is a description of the terms of office and the appointment procedure of the Wastewater Review Commission.
(2) The terms of office of the Councilmember and the POTW superintendent shall be for the length of time they hold their respective positions. The term of office of the industry representative shall be for two years concurrent with the term of office of the Mayor.
(3) The industry member shall be appointed by the Mayor; the appointment shall be confirmed by Council.
(4) The Council member shall automatically serve as the Commission's Chairperson. A Vice-Chairperson and a Secretary shall be elected from the Commission's membership.
(ggg) “Watercourse.” A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 32-84, passed 4-15-1985; Ord. 6-2016, passed 4-4-2016; Ord. 27-2017, passed 12-4-2017)