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; as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(2) "Applicable pretreatment standard" means any pretreatment limit or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which nondomestic users will be required to comply with.
(3) "Approval Authority" The Director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program or the state or local governmental entity enacting and enforcing this subchapter, whichever is applicable.
(4) "Authorized or Duly Authorized Representative of the Discharger".
A. If the discharger is a corporation:
1. 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
2. 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, initiates and directs 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.
B. If the discharger is a partnership or sole proprietorship: a general partner or proprietor, respectively.
C. If the discharger is a Federal, State, or local governmental facility: a City Administer or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
D. The individuals described in paragraphs A through C, 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 authority.
(5) "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.
(6) "Average weekly discharge limitation" means the highest allowable average of 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.
(7) "Beneficial uses" includes, but is not limited to, domestic, Municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, the preservation and enhancement of fish, wildlife and other aquatic resources or reserves and other uses, both tangible or intangible, as specified by State or federal law.
(8) "Best Management Practices (BMPs)". Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 908.03 General Discharge Prohibitions. BMPs 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.
(9) "Categorical Pretreatment Standards" means the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
(10) "City" means the City of Tiffin which shall be the governmental entity enacting and enforcing this chapter.
(11) "Composite sample" should contain a minimum of eight 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 shall be required where the wastewater loading is highly variable.
(12) "Daily discharge" means the total volume discharge of a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar for purposes of sampling.
(13) "Industrial discharger" or "industrial user" means a source of indirect discharge.
(14) "Easement" means an acquired legal right of the land owned by others.
(15) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of food.
(16) "Grab sample" means a sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.
(17) "Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307 (b) and (c) of the Act, into a POTW.
(18) "Industrial waste" means the wastewater from industrial processes, trades or businesses as distinct from domestic or sanitary wastes.
(19) "Influent" means the water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
(20) "Interference" means a discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal, and which 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) or of the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the
Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D or the SWDA, the Clean Air Act, the Toxic Substance Control Act and the Marine Protection Research and Sanctuaries Act.
(21) "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 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).
(22) "Maximum daily discharge limitations" means the highest allowable daily discharge.
(23) "May" is permissive; "shall" is mandatory.
(24) "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 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; 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.
(25) "NPDES permit" means the National Pollutant Discharge Elimination System permit.
(26) "O and M" means operation and maintenance.
(27) "Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
(28) "Persons" means any individual, firm, company, association, society, corporation or group.
(29) "POTW (publicly owned treatment works)" means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City.
(30) "Pollutant" means any substance discharged into a POTW or its collection system, listed in Appendix A of Chapter 908, or any substance 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.
(31) "Pollutant parameters."
A. "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 twenty degrees Centigrade, expressed in milligrams per liter.
B. "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.
C. "Carbonaceous Biochemical Oxygen Demand (CBOD)" means the quantity of oxygen utilized in the carbonaceous biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade, expressed in milligrams per liter.
D. "Fecal coliform" means any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
E. "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 facility.
F. "Grease and oil" means 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".
G. "Grease and oil of animal and vegetable origin" means substances that are less readily biodegradable in nature such as discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
H. "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 wastes and storage depot wastes.
I. "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
J. "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 Water and Wastewater" and referred to as nonfilterable residue.
K. "Total solids" means the sum of suspended and dissolved solids.
L. "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated at 550 degrees Centigrade for fifteen to twenty minutes.
(32) "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; the man-made or man-induced alterations of the chemical, physical, biological and radiological integrity of water.
(33) "Pretreatment" means the treatment of wastewaters from sources before introduction into publicly-owned wastewater treatment facilities.
(34) "Pretreatment requirements" means any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
(35) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the POTW.
(36) "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.
(37) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source.
(38) "Significant industrial user" means:
A. Except as provided in subsection (36)B. hereof; "SIU" includes:
1. All industrial users subject to categorical pretreatment standards; and,
2. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; contributes a process wastestream which makes up five percent (5%) 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 City Administrator, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The City Administrator may at any time, on his own initiative or in response to a petition received from an industrial user, determine that a noncategorical industrial user is not an SIU if the industrial user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
(39) "Significant Non-Compliance" means any significant industrial user that violates any of the following criteria or any other industrial discharger that violates paragraphs (C), (D) or (H):
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in this chapter;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by this chapter multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard or requirement as defined by this chapter that the authority 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 the public or to the environment, or has resulted in the authority's exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of best management practices, which the authority determines will adversely affect the operation or implementation of the local pretreatment program.
(40) "Sludge" means any solid, semisolid or liquid waste generated from 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 Sections 402 and 405 of the Federal Act and in the applicable requirements under Section 3001, 3004 and 4004 of the Solid Waste Waste Disposal Act PL 94-580.
(41) "Slug Load or Slug Discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in 908.03 REGULATIONS. 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.
(42) "Standard Industrial Classification (SIC)" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(43) "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.
(44) "Superintendent" means the Superintendent, Wastewater and Sewers, of the City.
(45) "Toxic amount" means concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism may cause adverse effects such as cancer, genetic mutations and physiological manifestations, as defined in standards issued pursuant to Section 307(a) of PL 92-500.
(46) "Toxic pollutant" means those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
(47) "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 sanitary sewers and wastewater treatment facilities provided.
(48) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Chapters 907 and 908 due to factors beyond the reasonable control of the discharger, and excluding noncompliance due to improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
(49) "U.S. Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or, where appropriate "U.S. Environmental Protection Agency" or "EPA" may also be used as a designation for the administrator or other duly authorized official of such Agency.
(50) "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.
(51) "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(52) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. 14-26. Passed 5-5-14.)