(a) Unless context specifically indicates otherwise, the meaning of terms used in these regulations shall be as follows:
(1) "Act" or "the Act" shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
(2) "Approval Authority" shall mean the Director of the Ohio Environmental Protection Agency (Ohio EPA) or his/her authorized representative.
(3) "Authorized Representative of the User" shall mean
A. If the User 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 do the following: (a) 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 comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; (b) ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and (c) have assigned or delegated authority to sign documents in accordance with corporate procedures.
B. If the User is a partnership or sole proprietorship: a general partner or proprietor, respectively.
C. 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.
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 Control Authority.
(4) "Best Management Practices" (BMPs) shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 930.03 and 930.04, Ohio Administrative Code (OAC) 3745-3-04, and 40 CFR 403.5(a)(1) and (b). 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. BMPs as local limits shall include and mean required management plans for complying with, or in lieu of, certain established Pretreatment Standards and effluent limits.
(5) "Biochemical Oxygen Demand" (BOD) shall mean the quantity of oxygen, expressed in milligrams per liter by weight, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of twenty degrees Centigrade. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
(6) "Categorical Pretreatment Standard" shall mean any regulation containing pollutant discharge limits promulgated by USEPA in accordance with sections 307(b)-(c) of the Act (33 U.S.C. section 1317) that apply to a specific category of User and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(7) "Chemical Oxygen Demand" (COD) shall mean the oxygen equivalent or organic matter that can be oxidized by using a strong chemical oxidizing agent expressed in parts per million. Laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
(8) "City" shall mean the City of Toledo.
(9) "Control Authority" shall mean the Director of Public Utilities (Director) or his/her authorized representative.
(10) "Daily Maximum Limit" shall mean 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.
(11) "Discharge" shall mean the introduction of pollutants into the treatment works from any non-domestic source.
(12) "Discharge Orders" shall mean a control mechanism allowing Industrial Users to discharge regulated process wastewater into the treatment works.
(13) "Domestic Sewage" shall mean the water-carried human, animal and household wastes in a public or private drain, resulting from human occupancy.
(14) "Existing Source" shall mean any source of discharge that is not a New Source.
(15) "Garbage" shall mean the residue from the preparation and dispensing of food and from the handling, storage and sale of food products and produce.
(16) "Industrial User" or "User" (IU) shall mean a source of industrial waste that is discharged to the treatment works.
A. "Categorical Industrial User" (CIU) shall mean an Industrial User subject to a Categorical Pretreatment Standard.
B. "Significant Industrial User" (SIU) shall mean all Industrial Users subject to Categorical Pretreatment Standards and any other Industrial User that meets one of the following criteria:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; or
2. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Has a reasonable potential, in the opinion of the Control Authority, to adversely affect the POTW's operation or for violating any Pretreatment Standard or Requirement.
4. The Control Authority may at any time, on its own initiative or in response to a petition received from an Industrial User, determine that a noncategorical Industrial User is not a Significant Industrial User if the Industrial User has no reasonable potential to adversely affect the POTW's operation or for violating any Pretreatment Standard or Requirement.
(17) "Industrial Waste" shall mean any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery or processing of any natural resource.
(18) "Industrial Wastewater Release Minimization Plan" (IWRMP) shall mean a strategy required of the City of Toledo to minimize discharge of industrial wastewater during combined sewer overflows (CSOs) and sanitary sewer discharges (SSDs). The Plan is a specific Condition (#43) of a Consent Decree, dated December 16, 2002, between the United States Environmental Protection Agency (USEPA), Ohio EPA and the City.
(19) "Instantaneous Limit" shall mean 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 sampling event.
(20) "Interference" shall mean a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and, therefore, is a cause of a violation of the City of Toledo's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions, any permits issued there under or any more stringent State or local regulations: Section 405 of the Act (33 U.S.C. section 1345); the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(21) "Local Limit" shall mean a specific discharge limit developed and enforced by the City of Toledo upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(22) "Maximum Allowable Headworks Loading" (MAHL) shall mean the upper limit of pollutant loading at which a POTW will not violate any treatment plant or environmental criteria developed to prevent process inhibition or interference, or violation of effluent, sludge, or air quality standards.
(23) "Maximum Allowable Industrial Loading" (MAIL) shall mean the portion of the MAHL available to Industrial Users.
(24) "Monthly Average Limit" shall mean the highest allowable average of daily discharge loadings or concentrations over a calendar month, calculated as the sum of all daily discharge loadings or concentrations measured during a calendar month divided by the number of daily discharges measured during that month.
(25) "New Source" shall mean:
A. 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 (33 U.S.C. section 1317) that 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 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.
B. 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 paragraphs (A)(2) or (3) above but otherwise alters, replaces, or adds to an existing process or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program, any placement, assembly, or installation of facilities or equipment or 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
2. 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 paragraph.
(26) "Parts Per Million" (ppm) shall be considered equal to milligrams per liter.
(27) "Pass Through" shall mean a discharge which exits the treatment works into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the City of Toledo's NPDES permit, including an increase in the magnitude or duration of a violation.
(28) "Person" shall mean any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity including organizations as specified in Toledo Municipal Code (TMC) 501.11.
(29) "Pollutants of Concern" (POC) shall mean any pollutant that might reasonably be expected to be discharged to the treatment works in sufficient amounts to pass through or interfere with the works, contaminate its sludge, cause problems in its collection system, or jeopardize its workers. (Arsenic, Cadmium, Chromium, Nickel, Copper, Cyanide, Lead, Mercury, Molybdenum, Selenium, Silver, Zinc, BOD, TSS, Phosphorus, and Ammonia).
(30) "Pretreatment" shall mean 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, 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.
(31) "Pretreatment Requirements" shall mean any substantive or procedural requirement related to pretreatment imposed on the User, other than a Pretreatment Standard.
(32) "Pretreatment Standards" shall mean Prohibited Discharge Standards, Categorical Pretreatment Standards and Local Limits.
(33) "Prohibited Discharge Standards" shall mean absolute prohibitions against the discharge of certain substances and certain conditions of discharge.
(34) "Publicly Owned Treatment Works" (POTW) shall mean a treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), 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.
(35) "pH" shall mean the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in Standard Methods.
(36) "Septic Tank Waste" shall mean any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, vacuum pump tank trucks, and septic tanks.
(37) "Service Charge" shall mean the basic assessment levied on all Users of the public sewer system as set forth in Section 929.03 whose wastes do not exceed in strength the concentration values established as representative of normal sewage.
(38) "Sewage" shall mean the water-carried human, animal and household wastes in a public or private drain and may include groundwater infiltration, surface drainage and industrial wastes.
(39) "Sewer" shall mean a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and ground water drainage.
A. "Combined Sewer" shall mean a sewer receiving both storm, surface and ground water drainage and sewage and industrial waste.
B. "Private Sewer" shall mean any sewer not owned or operated by the City of Toledo.
C. "Public Sewer" shall mean a sewer for the conveyance of wastewater or storm water provided by or subject to the jurisdiction of the City, including any sewer within or outside the City boundaries that serves one or more persons and ultimately discharges into the City sanitary or combined sewer systems, even though the sewer may not have been constructed with City funds.
D. "Sanitary Sewer" shall mean a sewer that conveys domestic sewage or industrial wastes or a combination of both and into which storm, surface and ground waters or unpolluted industrial process waters are not intentionally admitted.
E. "Storm Sewer" shall mean a sewer that carries storm, surface and ground water drainage but excludes sewage and industrial wastes.
(40) "Shall" is mandatory; "May" is permissible.
(41) "Significant noncompliance" (SNC) shall have the definition provided in Section 930.15(f).
(42) "Slug Load" shall mean any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, at a flow rate or concentration which could cause a violation of the Prohibited Discharge Standards of this chapter or has a reasonable potential to overload any storm, sanitary or combined sewers, cause interference, or pass through, or in any other way violate the POTW's regulations, Local Limits or permit conditions.
(43) "Standard Methods" shall mean the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation, which establishes the examination and analytical procedures for the monitoring of wastewater.
(44) "Storm Water Runoff" shall mean that portion of natural precipitation, including snowmelt that is drained into the sewers or watercourses.
(45) "Surcharge" shall mean the assessment in addition to the service charge as set forth in Section 929.03, which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
(46) "Suspended Solids" shall mean particles that either float on the surface of, or are in suspension in water, sewage or industrial waste and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.
(47) "Total Organic Carbon" (TOC) shall mean the determination of organic matter present by the measurement of carbon dioxide produced by pyrolysis. Laboratory determination shall be in accordance with procedures set forth in Standard Methods.
(48) "Treatment Works," as used in this chapter, shall mean the Publicly Owned Treatment Works.
(49) "Unpolluted Water or Liquids" shall mean any water or liquid containing none of the following: emulsified grease or oil; acids or alkalis; substances that may import taste-and-odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; odorous or other obnoxious gases; not more than 300 mg/l of dissolved solids; or not more than 20 mg/l each of Suspended Solids or Biochemical Oxygen Demand. Analytical determinations shall be made in accordance with procedures set forth in Standard Methods.
(50) "Unusual Discharge" shall have the definition provided in Sections 930.08(a)-(e).
(51) "Unusual Strength or Character" shall have the definition provided in Sections 930.08(f)-(g).
(52) "Unusual Waste" shall have the definition provided in Section 930.08(h).
(Ord. 210-12. Passed 5-8-12.)