For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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.
   AMMONIA NITROGEN.  The measure of the ammonia form of nitrogen in a sample in accordance with procedures set forth in 40 CFR 136.
   APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the appropriate regional administrator in a non-NPDES state, or NPDES state without an approved state pretreatment program.
   AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.  All reports required under this section shall be signed by an authorized representative of the industrial user, defined as follows:
      (1)   In the case of a corporation, by a responsible corporate officer. A responsible corporate officer means:
         (a)   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; or
         (b)   The manager of 1 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 to make 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)   In the case of a partnership, by a general partner.
      (3)   In the case of a sole proprietorship, by the proprietor.
      (4)   By a duly authorized representative of the individual designated in divisions (1) through (3) of this definition if the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, superintendent, or a position of equivalent responsibility, such as the position of environmental manager or engineer.
   BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in the Ohio Administrative Code 3745-3-04. BMPs 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.
   BIOCHEMICAL OXYGEN DEMAND or BOD.  The measured quantity of oxygen utilized in the  biochemical oxidation of organic matter under standard laboratory procedure, 5 days at 20°C. expressed in terms of weight and concentration (milligrams per liter (mg/l)), in accordance with procedures set forth in 40 CFR l36.
   BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
   CATEGORICAL PRETREATMENT STANDARD.  Wastewater discharge standards developed by the U.S. EPA in accordance with 33 U.S.C. 1317(b) and (c) (Section 307 (b) and (c) of the Clean Water Act) which apply to specific categories of industrial users.
   CATEGORICAL STANDARDS.  National categorical pretreatment standards or pretreatment standard.
   CFR.  The Code of Federal Regulations.
   COD.  Chemical oxygen demand.
   COMPOSITE SAMPLE.  A sample that is collected over time, formed either by continuous sampling or by mixing discrete samples.  The sample may be composite either as a time composite sample: composed of discrete sample aliquots collected in 1 container at constant time intervals providing representative samples irrespective of stream flow; or as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
      (1)   Uncontaminated or non-contact cooling water.  Water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectably higher than that of the intake water.
      (2)   Contaminated or contact cooling water.  Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.
   CONTROL AUTHORITY.  The Approval Authority, defined hereinabove, or the Superintendent if the city has an approved pretreatment program under the provisions of 40 CFR 403.11.
   DAILY MAXIMUM. The maximum allowable discharge of a pollutant during a calendar day.  Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day.  Where daily maximum limitations 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.
   DEBT or DEBT SERVICE CHARGE. The amount to be paid to the Tri Cities North Regional Wastewater Authority, each billing period for interest, principal, and coverage of outstanding indebtedness.
   DOMESTIC WASTEWATER.  Liquid wastes from the noncommercial preparation, cooking and handling of food or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
   ENVIRONMENTAL PROTECTION AGENCY or EPA.  The U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administrator or other duly authorized official of that agency.
   GARBAGE.  Solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce, excluding paper products.  PROPERLY SHREDDED GARBAGE shall mean 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 1/2 inch (1.27 centimeters) in any dimension.
   GRAB SAMPLE.  A sample which is taken from a waste stream on a 1-time basis with no regard to the flow in the waste stream and without consideration of time.
   HOLDING TANK WASTE.  Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
   INDUSTRIAL USER. An institution, manufacturing, commercial, or industrial facility or any other trade or business establishment discharging industrial wastewater to the publicly owned treatment works (POTW).
   INDUSTRIAL WASTEWATER.  Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.
   INSPECTOR.  An individual employed by or representing the city whose duties include the issuance of appropriate permits and the performance of inspections under this chapter.
   INTERFERENCE.  A discharge which, alone or in conjunction with a discharge or discharges from other sources, both inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or therefore is a cause of a violation of any requirement of the POTW treatment plant's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal.
   mg/l. Milligrams per liter.
   MID-TIER CATEGORICAL INDUSTRIAL USER.  Categorical industrial user may be considered a mid-tier categorical industrial user.
      (1)   This classification requires that the industrial user does not discharge total categorical wastewater that exceeds:
         (a)   Zero point zero one (0.01) percent of the design dry weather hydraulic capacity of the POTW;
         (b)   Five thousand gallons per day of total categorical wastewater;
         (c)   Zero point zero one (0.01) percent of the design dry weather organic treatment capacity of the POTW; and
         (d)   Zero point zero (0.01) percent of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standards for which a local limit has been developed.
      (2)   The industrial user's flow must be measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches.
      (3)   The industrial user must not have been in significant non-compliance for any time in the past 2 years.
      (4)   The daily flow rates, production levels, or pollutant levels of the industrial user cannot vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period.
      (5)   If the industrial user is located upstream of a combined or sanitary sewer overflow, procedures for categorization of an industrial user as a mid-tier categorical industrial user and the issues related to combined and sanitary sewer overflows must be addressed through either:
         (a)   The long term control plan;
         (b)   Approved combined sewer system operation plan implementing the 9 minimum controls; or
         (c)   The program modification request.
      (6)   Any industrial user classified as a mid-tier categorical industrial user will be required to be inspected and the effluent randomly sampled and analyzed by the POTW at least once every 2 years. If the industrial user no longer meets the criteria for being classified as a mid-tier categorical industrial user the POTW must immediately begin inspecting the industrial user and monitoring the effluent at the frequency set by the POTW's pretreatment program.
      (7)   As a mid-tier categorical industrial user the control authority may reduce the industrial user's reporting frequency to no less than once a year unless required more frequently by the categorical pretreatment standard or the Director of the Ohio EPA.
      (8)   If the industrial user no longer meets the criteria for being classified as a mid-tier categorical industrial user the industrial user must immediately begin monitoring the effluent and complying with the minimum reporting requirements at the frequency set by the POTW's pretreatment program.
   MONTHLY AVERAGE.  The arithmetic mean of the values for effluent samples collected during a calendar month.
   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES.  The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources.
   NEW SOURCE.  Any building, structure, facility, or installation from which there is, or may be, a discharge of pollutants, the construction of which began after the proposal of new source performance standards (if such standards are promulgated in accordance with 33 U.S.C. 1317(c) (Section 307(c) of the Clean Water Act)) provided that 1 of these conditions is met, namely: the construction occurs at a new site, the construction on an existing site totally replaces the process or production equipment causing the discharge, or the construction is substantially independent of an existing source at the same site.
   NON-SIGNIFICANT CATEGORICAL USER. The POTW may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant categorical industrial user on a finding that the industrial user never discharges more than 100 gallons per day (GPD) of total categorical wastewater
(excluding sanitary, non-contact cooling and boiler blow down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
      (1)   The industrial user, prior to the POTW's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
      (2)   The industrial user annually submits the required certification statement together with any additional information necessary to support the certification statement; and
      (3)   The industrial user never discharges any untreated concentrated wastewater.
      (4)   If the industrial user is located upstream of a combined or sanitary sewer overflow the following additional requirements must be met of the application of this classification:
         (a)   The industrial user cannot discharge wastewater that is regulated by categorical pretreatment standards; or
         (b)   Must not have been in significant non-compliance at any time in the past 2 years.
         (c)   Procedures for categorization of an industrial user as a non-significant categorical industrial user and the issues related to combined sewer overflows must be addressed through either the long term control plan, approved combined system operation plan implementing the 9 minimum controls, or the program modification request.
         (d)   The POTW must evaluate and document, at least once per year, whether the industrial user continues to meet the requirements for the classification.
         (e)   Upon a finding that a user meeting this criteria has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
   OPERATION, MAINTENANCE, AND REPLACEMENT (OM and R).  All costs direct and indirect (other than debt service) necessary to ensure adequate wastewater treatment on a continuing basis, conforming with related federal, state, and local requirements and assuring optimal long term facilities management.
   pH.  The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.  It is used as an expression of the acid or basic condition of a liquid and is measured on a scale from 0 to 14, where 0 is most acid, 14 most basic, and 7 is neutral.
   POLLUTION.  The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
   POTW TREATMENT PLANT.  The Tri Cities North Regional Wastewater Authority Plant owned by the Tri Cities North Regional Wastewater Authority located at 3777 Old Needmore Road, Dayton, Ohio which is that portion of the POTW designed to provide treatment (including recycling and reclamation) of domestic and industrial wastewater.
   PRETREATMENT.  The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging such pollutants into a POTW.  The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited by 40 CFR 403.6(d).  Appropriate pretreatment technology includes control equipment, such as, but not limited to, equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR 403.6(e).
   PRETREATMENT REQUIREMENTS.  Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, including all applicable federal, state and local laws, rules and regulations that are imposed on an industrial user.
   PRETREATMENT STANDARD. Any pollutant discharge limit promulgated by the EPA in accordance with 33 U.S.C. 1317(b) and (c) (Section 307 (b) and (c) of the Act) which applies to industrial users.  This term includes prohibited discharge limits established pursuant to 40 CFR 403.5.
   PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
   PROHIBITIVE DISCHARGE STANDARD or PROHIBITED DISCHARGES.  Any regulation or wastewater discharge limitation developed under the authority of 307(b) of the Act and 40 CFR  403.5.
   PUBLICLY OWNED TREATMENT WORKS or POTW.  A treatment works, which is owned by a state or municipality, and  includes any devices and systems used in the storage, treatment, recycle, 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 municipality which has jurisdiction over the discharges to and from a POTW.
      (1)   BUILDING DRAIN.  That part of the lowest 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 or other approved point of discharge, beginning 5 feet (1.5 meters) outside the interface of the building wall.
      (2)   BUILDING SEWER.  The extension from the building drain to the public sewer or other place of disposal.
      (3)   COMBINED SEWER.  A sewer which is designed and intended to receive wastewater, stormwater, surface water and groundwater drainage.
      (4)   PUBLIC SEWER.  A sewer provided by or subject to the jurisdiction of the city or other public agency.  It shall also include sewers within or outside the city boundaries that serve 1 or more persons and ultimately discharge into the sanitary sewer system, even though those sewers may not have been constructed with city funds.
      (5)   SANITARY SEWER.  A sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface, and ground waters or unpolluted industrial wastes are not intentionally admitted.
      (6)   SEWER.  A pipe or conduit for conveying sewage or any other waste liquids, including storm, surface, and ground water drainage.
      (7)   STORM SEWER.  A sewer that carries stormwater, surface water, and groundwater drainage but excludes sewage and industrial wastes other than non-contact cooling water.
      (8)   STORM WATER RUNOFF. That portion of the precipitation that is drained into the sewers.
      (1)   Except as provided in division (2) of this definition, the term SIU includes:
         (a)   All industrial users subject to categorical pretreatment standards; and
         (b)   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 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 and subdistrict, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
      (2)   The city, with the approval of Tri Cities North Regional Wastewater Authority, may at any time, determine that a non-categorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the POTW's operation or violate any pretreatment standard or requirement.
   SIGNIFICANT NON-COMPLIANCE (SNC). Any violation of pretreatment requirements (limits, sampling, analysis, reporting, meeting compliance schedules and regulatory deadlines) is an instance of non-compliance for which the industrial user is liable for enforcement including penalties. Cases of significant non-compliance meet 1 or more of the following criteria:
      (1)   Chronic violation of wastewater discharge limits, defined here as those in which 66% or more of all the measured taken for the same pollutant parameter at any permitted monitoring point during a 6-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 6-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 defined by paragraph (N) of rule 3745-3-01 of the Ohio Administrative Code (daily maximum or longer-term average, instantaneous limit, or narrative standard) that the POTW 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 under § 54.65(A) to halt of prevent such a discharge;
      (5)   Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an industrial user permit 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 POTW;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation or group of violations, including a violation of BMPs, that the POTW determines adversely affects the operation or implementation of the local pretreatment program.
   SLUG LOAD.  A 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.
   STANDARD INDUSTRIAL CLASSIFICATION or SIC.  A numerical classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, current edition.
   STORMWATER.  Any flow occurring during or following any form of natural precipitation and resulting therefrom.
   SURCHARGE. The assessment, in addition to other applicable charges, which is levied on those persons whose wastewater is greater than normal domestic sewage.
   SUSPENDED SOLIDS.  The total suspended matter that either floats on the surface of, or are suspended in, water, sewage, or other liquids, and which are removable by laboratory filtering in accordance with 40 CFR Part 136.
   SUPERINTENDENT.  The person designated by the city to supervise the operation of the city's publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
   TOXIC POLLUTANT.  Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency.
   TSS.  Total suspended solids.
   USER.  Any person who contributes, causes, or permits the contribution of wastewater into the city's POTW.
   WASTEWATER.  The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any other pollutants which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
   WATERS OF THE STATE.  All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or 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.
   WASTEWATER CONTRIBUTION PERMIT. As set forth in §§ 54.36 through 54.41 of this chapter.
(1974 Code, § 54.02)  (Ord. 29-84, passed 9-4-1984; Am. Ord. 26-87, passed 7-6-1987; Am. Ord. 46-90, passed 9-17-1990; Am. Ord. 9-91, passed 3-4-1991; Am. Ord. 08-06, passed 3-6-2006; Am. Ord. 37-07, passed 10-15-2007; Am. Ord. 14-09, passed 6-1-2009)