Whenever used in this chapter:
(a) "Act" means the Clean Water Act (33 U.S.C. 1251 et seq) as amended.
(b) "BOD" (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the carbonaceous and nitrogenous biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius, expressed in milligrams per liter (mg/L).
(c) "Best Management Practice" (BMP): Any schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMP's also include 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) CBOD (Denoting Carbonaceous Biochemical Oxygen Demand) means the quantity of oxygen utilized in the carbonaceous biochemical oxygen demand of organic matter under standard laboratory procedure in five days at twenty degrees Celsius, expressed in milligrams per liter (mg/L).
(e) "Categorical Pretreatment Standards" means the National Pretreatment Standards of the Clean Water Act (33 U.S.C. 1251 et seq) specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the Springfield POTW by specific industrial dischargers.
(f) "CFR" means code of federal regulations.
(g) "Chronic violation" means that sixty six percent (66%) or more of the measurements in a six (6) month period have exceeded the limits in the Local Permit issued by the City to the Discharger as measured at a monitoring point designated in the Local Permit.
(h) "Combined sewer" means a sewer designated to receive both surface runoff and sewage.
(i) "Compatible pollutant" shall mean pollutants which the treatment plant was designed to treat which are BOD, suspended solids, fecal coliform, phosphorous and ammonia.
(j) "Composite wastewater sample" means a combination of individual samples of water or wastewater taken at selected intervals, either time proportional or flow proportional, as to minimize the effect of the variability of the individual sample. The individual aliquots comprising the time and flow proportional samples will be of roughly equal volume.
(k) "Director" means the Director of the Service Department of the City, or the Director's authorized deputy, agent, or representative.
(l) "Industrial discharger" means any non-residential user who releases any effluent into the POTW by means of pipes, conduits, pumping stations, force mains, construction drainage ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto.
(m) "Garbage" means solid wastes from the domestic and commercial preparation, cooking and dispersing of food, and from the handling, storage and sale of produce.
(n) "Grab Sampling:" An individual sample, taken at one specific point in time, and not combined with any other samples taken.
(o) "Hazardous waste" means any waste or combination of wastes which pose a substantial present or potential hazard to human health or living organisms because such wastes are non-biodegradable or persistent in nature or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects, including any substance, combination of substances or mixtures as defined as "hazardous wastes"
in 40 CFR Part 261.
(p) "High Strength sewage" is defined as sewage containing more than 500 mg/L total Suspended Solids, 400 mg/L BOD, and/or 30 mg/L Ammonia Nitrogen.
(q) "Industrial wastes" means the liquid or solid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
(r) "Industrial user" means any source of the introduction of pollutants into the POTW from any non- domestic source regulated under Section 307 (B)(C)(D) of the Act.
(s) "Interference" means the inhibition or disruption of the POTW, treatment processes or operations which contributes to a violation of any requirement of its NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act or any criteria, guidelines, or regulations developed pursuant to the Clean Air Act, the Solid Waste Disposal Act (including Title II, more commonly known as the Resource Conservation and Recovery Act), the Toxic Substance Control Act, the Marine Protection Research And Recovery Act, or any more stringent state criteria.
(t) "National Pretreatment Standard" means any regulation of the U.S. EPA, containing pollutant discharge limits promulgated by the administrator in accordance with sections 307(b) and (c) of the act, that applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. 403.5, 40 C.F.R. 403.3(I) and OAC 3745-3-01(N).
(u) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(v) "New source or 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 the 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; or (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 process of the building, structure, facility or installation are substantially independent of existing source at the same site.
(w) "Normal sewage" is defined as sewage containing not more than 250 mg/L Suspended Solids, or 200 mg/L BOD, or 15 mg/L Ammonia Nitrogen.
(x) "NPDES permit" shall mean the National Pollution Discharge Elimination System permit in effect as issued by the Ohio Environmental Protection Agency to the City for the operation of the POTW which regulates the strength of the POTW effluent at its discharge point to the Mad River.
(y) "Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirements of the NPDES Permit.
(z) "Person" means any individual, firm, company association, society, corporation, or group.
(aa) "pH" means the logarithm of the reciprocal of the concentration of hydrogen ions in gram equivalents per liter of solution.
(bb) "POTW" means Publicly Owned Treatment Works or any sewage treatment works and the sewers and conveyances appurtenances discharging thereto, owned and operated by the City of Springfield.
(cc) "Pretreatment" means the reduction of the amounts 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 POTW.
(dd) "Pretreatment regulations" is defined as a discharge limit related to pretreatment that is imposed on an industrial discharger by the Ohio Administrative Code Chapter 3745-3, Chapter 916 of the Codified Ordinances of the City of Springfield, Ohio, any control mechanism (including a Local Permit), categorical pretreatment standards, prohibitive discharge limits established pursuant to rule 3745-3-04 of the Ohio 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 Ohio Administrative Code, and any enforceable schedule designed to achieve compliance with such limit.
(ee) "Pretreatment Requirement" means any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User, per 40 CFR 403.3(t).
(ff) "Priority pollutant" means any of the pollutants classified by the USEPA in 40 CFR Part 122, Appendix D, and amendments. These generally consist of volatile and semi-volatile organic compounds, pesticides, poly-chlorinated biphenols and metals.
(gg) "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 in any dimension.
(hh) "Public sewer" means a sewer which is controlled by public authority.
(ii) "Regulated industrial categories" means those categories defined in the Clean Water Act (33 U.S.C. 1251 et seq) as being regulated.
(jj) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
(kk) "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present.
(ll) "Sewer" means a pipe or conduit for carrying sewage.
(mm) "Shall" is mandatory; "may" is permissive.
(nn) "Significant Non-Compliance" means a violation which remains uncorrected forty five (45) days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period, either chronic violations or technical review criteria violations; which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under 40 CFR, Part 403.8(f)(1)(vi)(B).
(oo) "Significant industrial user" means all categorical industries and any non-categorical industry that has either, 1) a discharge averaging 25,000 gallons per day of process wastewater per billing period, or 2) discharges less than 25,000 GPD [determined by the average daily discharge per billing period] and contributes a process consistent waste-stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment plant and/or 3) has a reasonable potential, in the opinion of the director, to adversely affect the POTW.
(pp) "Slug" means any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge that 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. The results of these activities shall be made available to the director upon request.
(qq) "Storm sewer" means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
(rr) "Suspended solids" means any 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.
(ss) "Technical Review Criteria (TRC) violations" means that thirty three percent (33%) or more of all the measurements for each pollutant parameter taken during a six month period have equaled or exceeded the product of the daily maximum limit or average limit multiplied by the applicable TRC (TRC=1.4 for fats, oil and grease, and 1.2 for all other pollutants except pH) as measured at a monitoring point designated in the Local Permit.
(tt) "TKN" means Total Kjeldahl Nitrogen determined by the kjeldahl method as nitrogen in the form of organic proteins and/or their decomposition product ammonia expressed in milligrams per liter (mg/L).
(uu) "Total Toxic Organics" (TTO) means the sum of masses or concentrations of specific toxic organic compounds found in the industrial discharger's process discharge at a concentration greater than 0.01 mg/L. Each categorical standard is listed in 40 CFR Part 403, the specific toxic organic compounds that are to be included in the summation to define TTO for the category. If the industry is not defined under the categorical standards, then total toxic organics means the organic constituents that are considered federal priority pollutants.
(vv) "Toxic pollutants" means those substances considered by the Federal Environmental Protection Agency as priority pollutants.
(ww) "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 ordinance due to factors beyond the reasonable control of the discharger, and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
(xx) "Watercourse" means a channel in which flow of water occurs, either continuously or intermittently.
(yy) "Wastewater Treatment Plant" means any arrangement of devices and structures used for treating sewage.
(zz) "Non-polar fat, grease, and oil material" means that portion of the Hexane Extractable Material (HEM) not absorbed by silica gel used in USEPA testing Method 1664A.
(aaa) "Polar fat, grease, and oil material" means that portion of the Hexane Extractable Material (HEM) that is absorbed by silica gel used in USEPA testing Method 1664A.