913.01   DEFINITIONS.
   (a)   “Act” means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
   (b)   “Authorized Representative” may be any of the following: A responsible corporate officer, if the industrial user submitting the reports required by this rule is a corporation. For the purpose of this paragraph, a “responsible corporate officer” means one of the following:
      (1)   A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation.
      (2)   The manager of one or more manufacturing, production, or operation facilities, provided the manager meets all of the following:
         A.   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 of initiating and directing other environmental laws and regulations comprehensive measures, to assure long-term environmental compliance with.
         B.   Can ensure that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements.
         C.   Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
         D.   A general partner or proprietor if the industrial user submitting the report is a partnership or sole proprietorship, respectively.
         E.   A member or manager if the industrial user submitting the report is a limited liability company.
      (3)   A duly authorized representative of the individual of this rule if all of the following apply:
         A.   The authorization is made in writing by the individual described of this rule.
         B.   The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.
         C.   The written authorization is submitted to the City.
   (c)   “Best Management Practices” or “BMPs” means schedules of established activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMPs also include established treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
   (d)   “BOD” denoting Biochemical Oxygen Demand, means the quantity of oxygen utilized m the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade expressed in milligrams per liter.
   (e)   “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 the building and conveys it to the building sewer, beginning five feet, 1.5 meters, outside the inner face of the building wall.
   (f)   “Building Sewer” means the extension from the building drain ending at either the City’s lateral in the right-of-way or the public sewer or other place of disposal.
   (g)   “Categorical Pretreatment Standards” means any national pretreatment standard specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to a POTW by new or existing industrial users in specific subcategories, promulgated by the administrator in accordance with section 307 of the Act and established under 40 C.F.R. Chapter I, Subchapter N.
   (h)   “CCTV” means Closed Circuit Television.
   (i)   “City” means the City of Sidney, Ohio.
   (j)   “Director” means the Utilities Director of the City or any future title given to this position, or his authorized deputy, agent or representative.
   (k)   “Enforcement Response Guide” or “ERG” means the city’s document for enforcement action(s), as approved by the Ohio EPA, as it relates to the City’s industrial pretreatment program or IPP. The purpose of the ERG is to provide consistent enforcement responses for similar violations and circumstances. The ERG describes violations, defines a range of appropriate enforcement actions based on the nature and severity of the violation and other relevant factors, and identifies personnel responsible for finalizing enforcement responses.
   (l)   “Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
   (m)   “Indirect Discharge” means the introduction of pollutants into a POTW from any nondomestic source, including but not limited to those regulated under section 307(b), (c), or (d) of the Act.
   (n)   “Indirect 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 and all constructed devices and appliances appurtenant thereto.
   (o)   “Industrial User” means any non-domestic source of wastewater regulated under section 307(b), (c), or (d) of the Clean Water Act who introduces pollutants into the wastewater facility. “Industrial user” shall also include any user that discharges wastewater containing pollutant(s), or any substance(s) that may cause or contribute to interference in the wastewater facilities, and any federal categorical industry that is designated as such by the EPA.
   (p)   “Industrial Waste(s)” means the liquid wastes from industrial and manufacturing processes, trade or business, as distinct from sanitary sewage.
   (q)   “Interceptors” means a device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from normal wastes and permit normal sewage or liquid wastes to discharge into a building drain or building sewer.
   (r)   “Interference” means a discharge, that alone or in conjunction with a discharge or discharges from other sources, results in either of the following:
      (1)   Inhibits or disrupts the POTW, the POTW's treatment processes or operations, or the POTW's sludge processes, use or disposal.
      (2)   Causes a 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 all of the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations).
   (s)   “Lateral” means the city’s portion of the sewer serving a property extending from the main sewer up to and including the clean out or other approved structure located within the right-of-way. Laterals are City owned and therefore subject to this Chapter 913 “City Owned and Non-Residential Sewers”.
   (t)   “Mass Limitations” means, for each pollutant, the maximum allowable industrial loading to the POTW that is allocated individually to each industrial user in proportion to the industrial user’s current loading. The limits are derived by determining the ratio of the POTW's allowable head works loading to the POTW’s current head works loading, and then multiplying this ratio by each industrial user’s current loading.
   (u)   “National Pretreatment Standard, Pretreatment Standard or Standard” means a discharge limit related to pretreatment that is imposed on an industrial user by local ordinance or control mechanism, including categorical pretreatment standards, prohibitive discharge limits established pursuant to rule 3745-3-04 of the Administrative Code; local limits established pursuant to paragraph (C)(4) of rule 3745-3-03 and paragraph (D) of rule 3745-3-04 of the Administrative Code; and any enforceable schedule designed to achieve compliance with such limit.
   (v)   “Natural Outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   (w)   “New Discharger” 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:
      (1)   The building, structure, facility or installation is constructed at a site at which no other source is located;
      (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 or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
   (x)   “New Source” means any of the following:
      (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 publication of proposed pretreatment standards under section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section provided that one of the following applies:
         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.
         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. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
      (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 paragraph (x)(1)B. or (x)(l)C. of this rule, but otherwise alters, replaces, or adds to existing process or production equipment.
      (3)   Construction of a new source as defined under this paragraph has commenced if the owner or operator has done any of the following:
         A.   Begun, or caused to begin as part of a continuous onsite construction program in either of the following ways:
            1.   Any placement, assembly, or installation of facilities or equipment.
            2.   Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment.
         B.   Entered into a binding contractual obligation for the purchase of facilities or equipment that are intended to be used in the operation within a reasonable time. Options to purchase, or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
   (y)   “Non-Residential” means a property served by a sewer that does not meet the definition of a “Residential”.
   (z)   “NPDES” means the National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or State.
   (aa)   “O&M” means operation and maintenance.
   (bb)   “Other Waste(s)” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and industrial wastes.
   (cc)   “Pass Through” means a discharge that exits the POTW into waters of the state in quantities or concentrations that alone or in conjunction with a discharge or discharges 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).
   (dd)   “Person” means any individual, firm, company, association, society, corporation or group.
   (ee)   “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
   (ff)   “Pollutant” means any substance discharged into a POTW or its collection system 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.
   (gg)   “Publicly Owned Treatment Works” or “POTW” means a treatment works that is owned or operated by a public authority. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the public authority that owns or operates the POTW and that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
   (hh)   “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.
   (ii)   “Pretreatment Requirement” means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user or POTW.
   (jj)   “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 flow conditions normally prevailing in public sewers, with no particle greater than one-half inch, 1.27 centimeters, in any dimension.
   (kk)   “Public Sewer” means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
   (ll)   “Residential” means a property limited to a single-family, duplex, or triplex residential structure that discharges only domestic waste. All others are considered non-residential.
   (mm)   “Sanitary Sewer” means a sewer which carries sewage and to which storm, surface and ground water are not intentionally admitted.
   (nn)   “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm water as may be present.
   (oo)   “Sewage Treatment Plant” means all facilities for pumping, treating and disposing of sewage. Also referenced as Sewage Works, Wastewater Treatment Plant or WWTP.
   (pp)   “Sewage Works” means all facilities for collecting, pumping, treating and disposing of sewage. Also referenced as Sewage Treatment Plant, Wastewater Treatment Plant or WWTP.
   (qq)   “Sewer” means a pipe or conduit for carrying sewage.
   (rr)   “Shall” is mandatory; “may” is permissive.
   (ss)   “Significant Industrial User” means:
      (1)   All industrial users subject to categorical pretreatment standards; and
      (2)   Any other industrial user with the exception of those identified in paragraph (oo)(3) below, that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; contributes a process waste stream which makes up five percent 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 Utilities Director, to adversely affect the POTW's operation or to violate any pretreatment standard or requirement.
      (3)   Upon a finding that an industrial user meeting the criteria in paragraph (oo)(2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user determine that such industrial user is not a significant industrial user.
      (4)   A Categorical Industrial User may now be considered a Non-Significant Categorical Industrial User upon meeting the following conditions:
         A.   The IU does not discharge more than 100 gallons per day of total categorical wastewater.
         B.   No untreated concentrated wastewater that is regulated by categorical pretreatment standards may be discharged at any time by the IU.
         C.   The following annual certification statement with appropriate justification shall be submitted to the director or his or her designee.
            “Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, during the period from [specify month, day and year] to [specify month, day and year]:
            1.   “The facility described as [insert facility name] met the definition of a nonsignificant categorical industrial user as described in paragraph (Q) of rule 3745-3-01 of the Administrative Code;
            2.   “The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
            3.   “The facility never discharged more than one hundred gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information: [specify information].”
   (tt)   “Significant Non-Compliance” means that an industrial user’s violations meet one or more of the following criteria:
      (1)   Significant Industrial User (SIU) specific criteria for significant non-compliance.
         A.   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit, instantaneous limit or the average limit for the same pollutant parameter;
         B.   Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit, instantaneous limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
         C.   Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Utilities Director 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);
         D.   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 emergency authority to halt or prevent such a discharge;
         E.   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
         F.   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, and reports on compliance with compliance schedules;
         G.   Failure to accurately report noncompliance;
         H.   Any other violation or group of violations which the Utilities Director determines will affect or has adversely affected the operation or implementation of the City’s pretreatment program;
         I.   Failure to abide by any Best Management Practice (BMP) put in place to implement the prohibitions listed in OAC 3745-3-04;
      (2)   Non Significant Industrial Users (Non SIU) specific criteria for significant noncompliance.
         A.   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
         B.   Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Utilities Director 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);
         C.   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 emergency authority to halt or prevent such a discharge;
         D.   Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
         E.   Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
         F.   Failure to accurately report noncompliance;
         G.   Any other violation or group of violations which the Utilities Director determines will affect or has adversely affected the operation or implementation of the City's pretreatment program;
         H.   Failure to abide by any Best Management Practices (BMPs) put in place to implement the prohibitions listed in OAC 3745-3-04.
   (uu)   “Slug load” 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.
   (vv)   “Storm Sewer” means a sewer which carries storm and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
   (ww)   “Suspended Solids” means solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
   (xx)   “Toxic Pollutant” means any pollutant designated by the Administrator of U.S. EPA pursuant to Section 307(a)(1) of the Act.
   (yy)   “Upset” means an exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the standards set forth in this chapter 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.
   (zz)   “Wastewater” means industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW.
   (aaa)   “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. A-1742.  Passed 1-22-90; Ord. A-1810.  Passed 5-28-91; Ord. A-2051.  Passed 8-26-96; Ord. A-2142.  Passed 11- -98; Ord. A-2211.  Passed 5-8-00; Ord. A-2396.  Passed 8-23-04; Ord. A-2405.  Passed 11-8-04; Ord. A-2698.  Passed 10-24-11; Ord. A-2743.  Passed 12-10-12; Ord. A-2773.  Passed 11-11-13; Ord. A-2788.  Passed 6-23-14; Ord. A-3022.  Passed 10-26-20.)