(a) Abbreviations. The following abbreviations shall have the designated meanings:
"BOD" means Biochemical Oxygen Demand.
"CFR" means Code of Federal Regulations.
"COD" means Chemical Oxygen Demand.
"IU" means Industrial User.
"MCGHD" means Miami County General Health District (Board of Health)
"MIPP" means the City's Municipal Industrial Pretreatment Program, and any amendments thereto, approved by OEPA.
NPDES - National Pollutant Discharge Elimination System.
NRC - Nuclear Regulatory Commission.
O&M - Operation and Maintenance.
OEPA - Ohio Environmental Protection Agency.
POTW - Publicly Owned Treatment Works.
SIC - Standard Industrial Classification.
SWDA - Solid Waste Disposal Act. 42 U.S.C. 6901, et. seq.
TSS - Total Suspended Solids.
USC - United States Code.
USEPA - United States Environmental Protection Agency.
40 CFR 403 - General Pretreatment Regulations as published in the Federal Register and subsequent amendments thereto.
(b) Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(1) "Act" means the Federal Water Pollution Control Act (PL 92 500) also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et. seq. (95-217); as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.
(2) "Administrator" means the administrator of USEPA.
(3) "Applicable pretreatment standard" means any pretreatment limit or prohibited standard (federal and/or local) contained in this chapter or permit deemed to be the most restrictive with which an IU must comply.
(4) “Authorized representative” means an authorized representative of an IU must be:
A. 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 comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations;
B. Responsible for ensuring that the necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements; and
C. Assigned or delegated the authority to sign documents in accordance with corporate procedures.
(5) "Average monthly discharge limitation" means the highest allowable average of "daily discharges" over a month, calculated as the sum of all daily discharges measured during a month divided by the number of daily discharges measured during that month.
(6) "Beneficial uses" include, but are not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation, and 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.
(7) “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 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.
(8) "Biochemical Oxygen Demand" means the quantity of dissolved oxygen, in milligrams per liter, utilized in the oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees Celsius.
(9) "Board of Health" means the Miami County General Health District.
(10) "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 a building and conveys it to the building sewer or lateral, which is required to begin within five feet outside the building wall.
A. "Combined building drain" means a building drain which conveys both sanitary sewage and storm water or other drainage. Such drains are prohibited.
B. "Sanitary building drain" means a building drain which conveys sanitary sewage only.
C. "Storm building drain" means a building drain which conveys storm water or other drainage, but no sanitary sewage, to a storm sewer or watercourse.
(11) "Building sewer or lateral" means the extension of the building drain to the public sewer or other place of disposal.
(12) "Categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial user.
(13) "Chemical Oxygen Demand" means a measure of sewage, sewage effluent, polluted waters or industrial wastes defined as the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be made in accordance with procedures set forth in 40 CFR 136.
(14) "City" means the City of Troy, Ohio.
(15) "Cleanout" means an approved opening into a building drain or lateral, designed to allow access to said line for the express purpose of maintaining the drain or lateral.
(16) "Combined sewer" means a sewer which carries both storm water, surface water, ground water runoff and wastewater.
(17) "Compatible pollutants" means Biochemical Oxygen Demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants if the POTW was designed to treat such pollutants, and removes such pollutants to a substantial degree. Substantial degree is not subject to precise definition, but generally describes removals in the order of eighty percent (80%) or greater.
(18) "Composite sample" means a time-proportioned composite sample which contains a minimum of eight discrete samples taken at equal time intervals over the compositing period. A flow-proportioned composite sample shall contain a minimum of eight discrete samples which volumes vary according to the flow discharged during the time interval which the sample represents. Composite samples are designed to be representative of the effluent conditions during the entire sampling period.
(19) "Control manhole" means a manhole or similar structure, approved by the City, which allows inspection, sampling, and measurement of a user's discharge to POTW.
(20) "Cooling water" means water which is discharged from any system of condensation, air conditioning, cooling, refrigeration, or other source, and is free from odor and oil, and shall contain no polluting substances.
(21) "Council" means the Council of the City.
(22) "Daily discharge" means discharge of a pollutant measured during a calendar day or any time period that reasonably represents a discharge day for purposes of sampling.
(23) "Director" means the Director of Public Service and Safety of the City or his authorized representative.
(24) "Domestic sewage" means wastewater from typical residential users and having pollutant characteristics of not greater than 240 mg/l BOD and 240 mg/l suspended solids.
(25) "Easement" means an acquired legal right for the specific use of land owned by others.
(26) "Effluent" means water, together with any wastes that may be present, flowing out of a drain, sewer, receptacle, or outlet.
(27) (Reserved for future use.)
(28) "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.
(29) "Floatable oil" means oil, fat or grease in a physical state that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(30) "Garbage" means any solid wastes originating from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(31) “General discharge permit” means a permit issued by the City which authorizes the discharge of industrial waste into the POTW. These permits are issued for groups of users, including both significant and non-significant industrial users that:
A. Have the same or substantially similar types of operations;
B. Discharge the same types of wastes;
C. Require the same effluent limitations; and
D. Require the same or similar monitoring.
(32) "Grab sample" means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes in length.
(33) "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. Grease and oil are defined by the method of their determination in accordance with 40 CFR 136.
(34) "Grease and oil of animal and vegetable origin" means substances of biodegradable nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
(35) "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.
(36) "Ground (shredded) garbage" means garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sanitary sewer.
(37) "Holding tank waste" means any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks, or similar facility.
(38) "Incompatible pollutant" means any pollutant that is not defined as a compatible pollutant, and further defined in Regulation 40 CFR Part 403.
(39) "Indirect discharge" means the discharge or the introduction of pollutants into the POTW from any nondomestic source regulated under the Act.
(40) "Industrial User (IU)" means any nonresidential user who discharges an industrial waste effluent into the POTW.
(41) "Industrial User Discharge Permit" means a permit issued by the City which authorizes the discharge of industrial waste into the POTW.
(42) "Industrial waste" means any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escape from an industrial, manufacturing, commercial or business process or from the development, recovery or processing of any natural resource carried on by a person. It further means any waste from an IU, as distinct from sanitary sewage.
(43) "I/I or infiltration/inflow" means the total quantity of water from both infiltration and inflow entering the POTW. Infiltration refers to ground water entering the POTW through, but not limited to, defective pipes, pipe joints, connections or manhole walls. Inflow refers to water discharged into the POTW from such sources as, but not limited to, roof or foundation drains, cooling water discharges, and cross connections from storm and combined sewers.
(44) "Influent" means the water, together with any waste that may be present, flowing into a drain, sewer, receptacle or outlet.
(45) "Inspector" means a duly authorized representative of the City, who shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
(46) "Interference" means a discharge which alone or in conjunction with a discharge or discharges from other sources that both:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
B. Therefore is a cause of a violation of the POTW's NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, commonly referred to as the Resource Conservation Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Toxic Substance Control Act, or any such Act as amended.
(47) "Maximum daily discharge limitations" means the highest allowable daily discharge concentration of a pollutant allowed to be discharged.
(48) (Reserved for future use.)
(49) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
(50) "New source" means any source 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 any one of the following criteria is applicable:
A. The new source is constructed at a site at which no other source is located;
B. The new source totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
C. The new source process is substantially independent of an existing source at the same site.
(51) "NPDES permit" means the National Pollutant Discharge Elimination System permit which authorizes the discharge of pollutants pursuant to Section 402 or PL 95-217.
(52) “Non-Significant Categorical Industrial User” means an industrial user subject to categorical pretreatment standards that:
A. Does not discharge more than 100 gallons per day of total categorical waste water that does not include sanitary, non-contact cooling and boiler blowdown wastewater unless it is specifically included in the categorical pretreatment standard.
B. Does not discharge any concentrated wastewater, which is regulated by categorical pretreatment standards at any time.
C. If the IU is located upstream of a combined or sanitary sewer overflow the following additional requirements must be met for the application of this classification:
1. The IU cannot discharge wastewater that is regulated by categorical pretreatment standards or,
2. Must not have been in SNC at any time in the past two years.
3. Procedures for categorization of an IU as a Non-Significant Categorical Industrial User and the issues related to combined and sanitary sewer overflows must be addressed through either:
a. The long term control plan (LTCP).
b. Approved combined sewer system operation plan implementing the nine minimum controls or,
c. The program modification request.
(53) "Nuisance" means anything which is injurious to health or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property.
(54) "Operation and Maintenance" means procedures executed in a prudent, cost effective and professional manner to reduce the risk of operational error, insure proper preventive maintenance, and help avoid improper operation of treatment or production equipment that leads to the required effluent quality.
(55) "Pass through" means a discharge from an IU which exits the POTW into waters of the State in quantities or concentrations which 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.
(56) "Person" means any individual, firm, company, corporation, partnership, copartnership, joint stock company, trust, estate, association, governmental entity, or any other legal entity, including all federal, State and local governmental entities.
(57) "pH" means the logarithm, to the base ten (10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
(58) "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.
(59) "Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, munition, chemical waste, biological material, radioactive material, heat, wrecked or discharged equipment, rock, sand, cellar dirt or industrial, municipal and agricultural waste, and certain characteristics of wastewater (e.g. pH, temperature, or color).
(60) "Premises" means a parcel of real estate including any single improvement thereon which is determined by the City to be a user for purposes of receiving, using and paying for service. Any additional improvement on the same parcel of real estate which is determined by the City to be a user shall be separately connected to the POTW for the purpose of receiving, using and paying for service.
(61) "Pretreatment" means the reduction, alteration or 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.
(62) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a categorical pretreatment standard imposed on an industrial user.
(63) "Pretreatment standard" means any applicable pretreatment limitation or regulation promulgated by Federal, State or local governments.
(64) "Prohibitive discharge standard" means any absolute prohibition against the discharge of certain substances which appear in Section 915.05(e) of this chapter.
(65) (Reserved for future use.)
(66) "Publicly Owned Treatment Works (POTW)" means a treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) and this definition includes any public sewer. For the purposes of this chapter, "POTW" also includes any sewers and appurtenances that convey wastewater to the POTW from persons outside the City by contract or agreement with the City.
(67) "POTW treatment plant" means that portion of the POTW designed to provide treatment to wastewater.
(68) "Receiving stream" means the watercourse, stream or body of water receiving the waste or treated effluent from a wastewater treatment facility.
(69) "Sanitary sewage" means human excrement and gray water (e.g. showers, household laundries).
(70) "Sanitary sewer" means a sewer which carries wastewater, and to which storm, surface, ground waters, and unpolluted industrial wastewater are not intentionally admitted.
(71) "Sewer" means a pipe or conduit laid for carrying wastewater.
(72) (Reserved for future use.)
(73) "Sewer tap" means a connection to the sanitary sewer system.
(74) "Shall" means mandatory; "may" means permissive.
(75) “Significant Industrial User (SIU)” means, except as provided in section (44)(C) of this rule:
A. All industrial users subject to categorical pretreatment standards; and
B. Any other user that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (process wastewater excludes sanitary, non-contact cooling and boiler blowdown wastewaters);
2. Contributes a process wastestream that makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
3. Is designated as such by the Director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
C. An Industry which meets the criteria in paragraph (44)(A) of this rule may be classified as a Non-Significant Categorical Industrial User if the IU does not discharge more than 100 gallons per day of total categorical wastewater that does not include sanitary, non- contact cooling and boiler blowdown wastewater unless it is specifically included in the categorical pretreatment standard. In order for this classification to apply, no untreated concentrated wastewater, which is regulated by categorical pretreatment standards, may be discharged at any time by the IU.
Upon finding that an industrial user meeting the criteria in paragraph (44)(B) of this rule has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the Director may at any time, on his own initiative or in response to a petition received from an industrial user or POTW, determine that such industsrial user is not a significant industrial user.
(76) "Significant Noncompliance (SNC)" means an IU is in significant noncompliance if its violation meets one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed instantaneous, daily maximum limit or the average limit for the same pollutant parameter. These violations are applicable to SIUs only and apply to each permitted monitoring point;
B. Technical Review Criteria (TRC) violations, defined as those in which thirty-three percent (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 instantaneous, daily maximum 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). These violations are applicable to SIUs only and apply to each permitted monitoring point;
C. Any other violation of a pretreatment effluent limit that the 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 danger of human health, welfare or to 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 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;
F. Failure to provide, within forty-five days after the due date, any required reports or information including, but not limited to, permit application forms, ninety 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, including violations of BMP’s, which the Director determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(77) "Sludge" means any solid, semi-solid or liquid waste generated from municipal wastewater treatment plans, water supply treatment plans, or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004, 4004 of the Solid Waste Disposal Act PL 94-580.
(78) "Slug load" means any discharge released at such volume or strength as to cause interference or pass through at the POTW.
(79) "Standard Industrial Classification (SIC)" means a classification pursuant to the latest edition of the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
(80) "Storm sewer" means a sewer which carries storm, surface water and drainage, but which excludes sanitary sewage and industrial wastes other than unpolluted cooling water.
(81) "Storm water" means any flow occurring during or following any form of natural precipitation and resulting therefrom.
(82) "Surcharge" means a charge for services in addition to the basic service charge.
(83) "Suspended solids" means total suspended matter that floats on the surface of, or is suspended in, water, sewage, or other liquid and which is removable by laboratory filtration.
(84) "Total solids" means the sum of suspended and dissolved solids.
(85) "Toxic amount" means concentrations of any pollutant or combination of pollutants which upon exposure to or assimilation into any organism will cause adverse effects such as cancer, genetic mutations, and physiological manifestations, as defined in standards issued pursuant to the Clean Water Act (P.L. 94-217).
(86) "Toxicant" means a substance that is a known or suspected carcinogen, mutagen, or teratogen and substances present in industrial discharges with known toxic effects on human and aquatic life which is among the 129 elements and compounds, or developed under the Clean Water Act in Section 307(a).
(87) "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, or would not be benefitted by discharge to sanitary sewers and wastewater treatment facilities provided; including, but not limited to, cooling waters, or noncontact process waters.
(88) "Upset" means an exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the user and excluding noncompliance to the extent caused by operational error, improperly designed pretreatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
(89) "User" means any person that discharges, causes or permits the discharge of wastewater into the POTW.
(90) "Volatile organic matter" means the material in the sewage solids transformed to gases or vapors when heated and measured in accordance with 40 CFR 136.
(91) "Waste" includes sanitary sewage and any and all other waste substances, liquid, solid, or gaseous, associated with human habitation, or of human or animal origin, or from any producing, processing, manufacturing, or industrial operation of whatever nature, including such waste placed within containers or whatever nature prior to, and for purposes of disposal.
(92) "Wastewater" means the water-carried waste from residences, business buildings, institutions, and industrial establishments, whether treated or untreated, which are contributed to the POTW.
(93) "Wastewater constituents and characteristics" mean 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.
(94) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(95) "Waters of the State" means any water, surface or underground, within the boundaries of Ohio except confined waters in sewers, tanks, or otherwise.
(Ord. 24-2009. Passed 9-8-09.)