For the purpose of this chapter, the following definitions shall apply unless the context
specifically indicates otherwise:
"Act"- The Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987 (33 U.S.C.1251 et seq.)
"Applicable pretreatment standard" - Any pretreatment standard or requirement (federal, state and or local), with which users are required to comply.
"Approved POTW pretreatment program” means a program administered by a POTW that meets the criteria established in 40 CFR 403 and section 6111.032 of the revised code and that has been approved by the director in accordance with 40 CFR 403 and section 6111.03 of the Revised Code.
"Authority" (City)- The City of Urbana.
"Authorized representative of industrial user" - A responsible corporate officer, if the industrial user submitting the reports required by the applicable pretreatment standard or requirement is a corporation. For the purpose of this definition, 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 or decision-making functions for the corporation; or
B. The manager of one or more manufacturing, production or operation facilities, provided the manager:
1. 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, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations;
2. Can assure that necessary systems are established or that the necessary actions are taken to gather complete and accurate information for control mechanism requirements; and
3. Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
C. A general partner or proprietor if the discharger submitting the reports is a partnership or sole proprietorship, respectively.
D. A member or manager if the industrial user submitting the report is a limited liability company;
E. A duly authorized representative of the individual designated above if:
1. The authorization is made in writing by the individual described above; and
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharger originates, such as the position of plant manager, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the City.
F. If authorization under paragraph (E) of this definition is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraph (E) of this definition shall be submitted to the City prior to or together with any reports to be signed by an authorized representative.
"Average monthly discharge limitation"- 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.
"Average weekly discharge limitation" - The highest allowable average of daily 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.
"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 of reserves, and other uses, both tangible and intangible, as specified by state or federal law.
"Best management practices" or "BMP's" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in rule 3745-3-04 of the Administrative Code. BMP's also include treatment requirements, operating procedures, and practice to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
"Bypass" - the intentional diversion of waste streams from any portion of the pretreatment treatment facility.
"Categorical pretreatment standard" - means any standard, including national categorical pretreatment standards, specifying quantities or concentrations of pollutants or pollutant properties that may be discharged to a POTW by new or existing industrial users in specific industrial categories.
"City" - Refers to the City of Urbana
"Composite sample" - Should contain a minimum of eight (8) discrete samples taken at equal time intervals over the composting period or proportional to the flow rate over the composting period. More than eight (8) discrete samples shall be required where the wastewater loading is highly variable.
"Control Authority"- means the City of Urbana
"Control Mechanism" -an individual or general permit, order, or similar means used to control an industrial user's contribution to a POTW to ensure compliance with applicable pretreatment standards and requirements.
"Director" - means the Director of the Ohio Environmental Protection Agency or his authorized deputy, agent, or representative.
"Discharger" - Same as "industrial user."
"EPA” - Same as "U.S. EPA" or "U.S. Environmental Protection Agency" or "Ohio EPA"
"Easement" - an acquired legal right of the specific use of land owned by others.
“Garbage" - Any solid wastes from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
"Grab sample"- A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
"Indirect discharge" or "discharge" - The introduction of pollutants into the water pollution control facility from a non-domestic source regulated under 307(b), (c) or (d) of the Act.
"Industrial User" or "user" - Any nonresidential user who discharges a sanitary or industrial waste effiuent to the water pollution control facility.
"Industrial waste permit" - A permit to deposit or discharge industrial waste into any sanitary sewer as issued by the POTW.
"Influent" - The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
"Industrial Waste" - Any substance resulting from any process of industrial, commercial, governmental and institutional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources other than those generating waste defined as normal domestic sewage herein.
"Interference"- A discharge which, alone or in conjunction with a discharge or discharges from other sources, 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 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 in compliance with the following statutory provisions and regulations or permits issued.
1. Section 405 of the act:
2. The Solid Waste Disposal Act (SWDA) 42 U.S.C. 6901 et seq. as amended through July 1, 2006 ( 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 of the SWDA);
3. The standards for the use and disposal of sewage sludge (40 C.F.R. 503)
4. The Clean Air Act (CAA) 42 U.S.C. 7401 et seq. as amended through July 1, 2006; and
5. The Toxic Substances Control Act (TSCA) 15 U.S.C. 2601 et seq. as amended through July 1, 2006.
"Law Director" - The Director of Law of the City, or his authorized deputy, agent, or representative.
"May” - Is permissible.
"Categorical significant industrial user- Catagorical SIU"- An industrial user that:
A. Is subject to national categorical pretreatment standards,
B. Any other industrial user that discharges an average of more than 100 gallons per day or more of process categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW or that contributes a process wastestream which makes up zero point zero one percent (0.0 1%) or more of the average dry weather hydraulic or organic capacity of the POTW; or
C. Is found by the City, State or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
D. The Water/Wastewater Superintendent 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 a major 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.
"Maximum daily discharge limitations"- The highest allowable daily discharge.
“NAICS” - the North American Industry Classification System is the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing and publishing statistical data related to the U.S. business economy. NAICS was adopted in 1997 to replace the Standard Industrial Classification (SIC) system.
"National categorical pretreatment standard" or "categorical pretreatment standard" - Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 of the Act, and established under 40 CFR chapter I, subchapter N.
"National pollutant discharge elimination system (NPDES) permit"-A permit issued by the State of Ohio EPA or United States EPA pursuant to the Act for the purpose of regulating the discharge of sewage, industrial wastes, and other wastes under the authority of Section 402 of the Act, into the navigable waters of the United States.
“National pretreatment standard" means any regulation of the USEPA, 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 CFR 403.5.
"New Source" -
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 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 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 paragraph A.2. or 3. of this definition, but otherwise alters, replaces, or adds to 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:
(i) Any placement, assembly, or installation of facilities or equipment; or
(ii) Significant site preparation work including clearing, excavation, or removal of existing buildings structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or
2. Entered into a building 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 that 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.
“Non-significant industrial user” - An industrial user that:
A. Has a wastewater discharge flow of less than 25,000 gallons per average working day of industrial waste water.
B. Is found by the City, State or US EPA to have no impact on the wastewater treatment system, the quality of sludge, the system’s effluent quality or air emissions generated by the system.
C. Discharges domestic wastewater which is compatible with the wastewater treatment plan operational processes.
D. Discharges domestic or background concentrations of wastewater which are compatible with the wastewater treatment plant operational processes.
"Non-significant categorical industrial user" is an industrial user subject to 40 CFR chapter I, subchapter N that the control authority may determine is a non-significant categorical industrial user rather than a significant user on a finding that the industrial user does not discharge more than one hundred gallons per day (GPD) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blow-down wastewater, unless specifically included in the categorical pretreatment standard) and the conditions in the following paragraphs A through C of this definition are met:
A. The industrial user, prior to the control authority's finding has consistently complied with all applicable categorical pretreatment standards and requirements;
B. The industrial user annually submits the certification statement required in paragraph (J) of rule 3745-3-06 of the Administrative Code together with any additional information necessary to support the certification statement; and
C. The industrial user never discharges any untreated concentrated wastewater.
"OEPA" -The Ohio Environmental Protection Agency, or where appropriate, "OEPA" or "EPA" may also be used as a designation for the administrator or other duly authorized official of that agency.
"Other wastes"- Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.
"Pass through" - A discharge that exits the POTW into waters of the state in quantities or concentrations that 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).
"Person" - Any and all persons, natural or artificial, including any individual, firm, company, private corporation, partnership, co-partnership, joint stock company, trust, association, institution, enterprise, or other legal entity, or their representatives, agents, or assigns. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.
"Publicly owned treatment works" or "POTW"- Treatment works which are owned or operated by a public authority. This definition includes any devices and systems used in the storage, treatment, recycling 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 public authority that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
"Pollutant" - Any substance discharged into a POTW or its collection system, listed in Appendix A and B of this chapter (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).
"Pollutant Parameters".
A. "Biochemical Oxygen Demand (BOD)." "BOD" of sewage, sewage effluent, polluted waters or industrial wastes means the quantity of dissolved oxygen in milligrams per liter required during stabilization of the decomposable organic matter by aerobic biochemical action under standard laboratory procedures for five days at 90 degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.
B. "Chemical Oxygen Demand (COD)."- "COD" of sewage, sewage effluent, polluted water or industrial wastes is a measure of 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 Standard Methods.
C. "Fecal coliform” - 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.
D. "Floatable oil" - Fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
E. "Grease and oil"- 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 oils" are defined by the method of their determination in accordance with Standard Methods.
F. "Grease and oil of animal and vegetable origin" - Substances that are less readily biodegradable in nature such as are discharged by meatpacking, vegetable oil and fat industries, food processors, canneries and restaurants.
G. "Grease and oil of mineral origin" - Substances that are less biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. These substances include machinery lubricated oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.
H. "pH" - The logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
I. "Suspended solids" -Solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter. Quantitative determination shall be made in accordance with procedures set forth in Standard Methods.
J. "Total solids" - the sum of suspended and dissolved solids.
K. "Volatile organic matter" - The material in the sewage solids transformed to gases or vapors when heated at 550 degrees Celsius for fifteen to twenty minutes.
L. Any other pollutant parameter deemed appropriate.
"Pollution" - An alteration of the quality of the waters of the State by waste to a degree which unreasonably affects the waters for beneficial uses or facilities which serve the beneficial uses. "Pollution" is further defined as the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
"Pretreatment" means the reduction of the amount of pollutants, the elimination of the pollutants, or·the alteration of the nature of the pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical or biological treatment processes, by BMPs, by pollution prevention alternatives including process changes, material substitutions, improved operating practices and recycling, or by other means, except as prohibited by paragraph (E) of rule 3745-3-09 of the Administrative Code.
"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user or POTW.
"Pretreatment standard" means a discharge limit related to pretreatment that is imposed on an industrial user by this chapter or by local ordinance or control mechanism, including categorical pretreatment standards, prohibitive discharge limits established pursuant to rule 3745-3-04 of the Administrative Code, local limits established pursuant to paragraph (C)(4) of the rule 3745-3-04 of the Administrative Code, and any enforceable schedule designed to achieve compliance with such limit.
"Process wastewater” means any water that, during manufacturing or processing, comes into contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product, except noncontact cooling water and sanitary wastewater.
"Process wastewater pollutants" means pollutants present in process wastewater.
"PSES" means categorical pretreatment standards for existing sources.
"PSNS" means categorical pretreatment standards for new sources.
"Public Authority" means a municipal corporation, the governing board of a county, a sanitary district established pursuant to Chapter 6115 of the Revised Code, a sewer district established pursuant to Chapter 6117 of the Revised Code, a conservancy district under Chapter 6101 of the Revised Code, or any other special district owning or operating a POTW in accordance with section 6111.032 of the Revised Code.
"Receiving stream" - The watercourse, stream or body of water receiving the waters finally discharged from the POTW.
"Sanitary sewer" or "Sewer" - Any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source to the POTW.
"Sewage"- water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments.
"Shall”- Is mandatory.
“Significant industrial user” means any of the following, except as provided in paragraph (C) of this rule:
A. Any industrial user subject to categorical pretreatment standards, except the industrial users considered “non-significant categorical industrial users”, as defined in this section.
B. Any other industrial user that meets one of the following:
1. Discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (process wastewater excludes sanitary, non-contact cooling and boiler blowdown wastewater).
2. Contributes a process waste stream that makes up five per cent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.
3. Is designated as such by the control authority 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. Upon finding that an industrial user designated as a significant industrial user for meeting the criteria in paragraph (C) of this rule has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or rquirement, the control authority may at any time, on the control authority’s own initiative or in response to a petition received from an industrial user or POTW, and in accordance with paragraph (C)(6) of rule 3745-3-03 of the Administrative Code, determine that such industrial user is not a significant industrial user.
"Significant Noncompliance" - for purposes of this provision, an industrial user is in significant noncompliance if its violation meets the criteria in paragraph (C), (D), or (H) of this definition. A significant industrial user is in significant noncompliance if its violation meets any of the following criteria:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six per cent or more of all the measurements taken for the same pollutant parameter at any permitted monitoring point during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all measurements taken for the same pollutant parameter at any permitted monitoring point during a six 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);
C. Any other violation of a pretreatment standard or requirement as defined by paragraph (N) of rule 3745-3-01 of the Administrative Code (daily maximum or longer term average, instantaneous limit, or narrative standard) that the control 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 human health, welfare or the environment or has resulted in the POTW's exercise of its emergency authority under paragraph (B) of this definition to halt or prevent such a discharge;
E. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in the local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide within forty- five days after the due date, required reports such as baseline monitoring reports, reports on compliance with compliance schedules, or other reports required by the control authority;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations, including a violation of BMPs that the control authority determines adversely affects the operation or implementation of the local pretreatment program.
“Sludge" - Any solid, semi-solid, or liquid waste generated by 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.
"Slug load"- Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with or pass through the POTW.
“Standard Industrial Classification (SIC)" - A classification pursuant to the Standard Industrial Classification issued by the Executive Office of the President, Office of Management and Budget, 1972.
"Superintendent" - The Water/Wastewater Superintendent or authorized representative.
"Toxic amount" - 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 Section 307(a) of PL 92-500.
"Toxic pollutant"- Those substances referred to in Section 307(a) of the Act as well as any other known potential substances capable of producing toxic effects.
"Unpolluted water" - Water of a quality that has not been altered chemically, physically, biologically or radiologically by man or that would not benefit by discharge to sanitary sewer and subsequent wastewater treatment.
"Upset" - An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with pretreatment standards due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
"User"- Same as "industrial user". "U.S. EPA" or "EPA"- The U.S. Environmental Protection Agency, or where appropriate,"U.S. EPA" or "EPA" may also be used as a designation for the administrator or other duly authorized official of that agency.
"Water pollution control facility (WPCF)” - Treatment works which are owned by the City, including the sewers, pumping stations, treatment facility, and any related appurtenances.
"Wastewater constituents and characteristics” - 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.
"Wastewater discharge permit" or "industrial discharge permit" - A formal permit to discharge industrial waste into the POTW, as issued by the City.
(Ord. 4516-20. Passed 1-21-20.)
REGULATIONS