Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
ACT. The Clean Water Act (33 U.S.C. 1251 et seq.), as amended; as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal and/or local) contained in this chapter deemed to be the most restrictive which non-domestic users will be required to comply with.
APPROVAL AUTHORITY. The Director in an NPDES state with an approved state pretreatment program and the Administrator of the EPA in an non-NPDES state or NPDES state without an approved state pretreatment program. The State of Ohio is an NPDES state with an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF DISCHARGER.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of the principal business function, or any other person who performs similar policy 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 of making 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) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(3) If the user is a federal, state, or local government 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.
(4) The individuals described in divisions (1) through (3), 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 director.
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 or reserves and other uses, both tangible or intangible, as specified by state or federal law.
BEST MANAGEMENT PRACTICES (BMP). 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.
BYPASS. The intentional diversion of waste streams from any portion of a discharger's treatment facility.
CATEGORICAL INDUSTRY. An industry whose discharges are covered by federal pretreatment requirements in the most current revision of 40 CFR 403.
CATEGORICAL PRETREATMENT STANDARDS. The national pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
CITY. The City of Van Wert who shall be the governmental entity enacting and enforcing this chapter.
COMPOSITE SAMPLE. Should contain a minimum of 8 discrete samples taken at equal time intervals over the compositing period or proportional to the flow rate over the compositing period. More than the minimum number of discrete samples will be required where the wastewater loading is highly variable.
DAILY DISCHARGE. The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar for purposes of sampling.
DIRECTOR. The Safety-Service Director of the city or his or her duly authorized agent.
DISCHARGER; INDUSTRIAL DISCHARGER. Any non-residential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, or intercepting ditches and all constructed devices and appliances appurtenant thereto.
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.
GROUND (SHREDDED) GARBAGE. Garbage that is shredded to such a degree that all particles will be carried freely in suspension under the conditions normally prevailing in the sewerage system, with no particle being greater than ½ inch in dimension.
INDIRECT DISCHARGE. The discharge or the introduction of non-domestic pollutants from a source regulated under Section 307(b) and (c) of the Act, into a POTW.
INDUSTRIAL USER. Any industrial or commercial establishment manufacturing or processing facility that discharges industrial waste to a POTW.
INDUSTRIAL WASTE. Any solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.
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.
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; and 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.
MAXIMUM DAILY DISCHARGE LIMITATIONS. The highest allowable daily discharge.
MAY. Shall indicate a discretional condition.
NEW SOURCE.
(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
(2) 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 divisions (b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this definition has commenced if the owner or operator has:
(a) 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
(b) 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 definition.
NON-SIGNIFICANT INDUSTRY. An industry which has a flow less than 25,000 gal. per day or has in its wastes toxic pollutants as defined pursuant to section 307 of the act of State Statutes and rules or has ability in the opinion of the city to adversely affect operations of POTW.
NPDES PERMIT. The National Pollutant Discharge Elimination System permit setting forth conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
ORDERS. Orders shall mean the letter issued by the POTW Director setting forth conditions for the discharge of pollutants to the POTW pursuant to this chapter.
O AND M. Operation and maintenance.
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 which exits the POTW into waters of the United States 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).
PERSON. Any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, copartnership, joint stock company, trust, estate, association, society, institution, enterprise, governmental agency, the State of Ohio, the United States of America or other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include tide plural where indicated by the context.
POTW. Any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned and operated by the city.
POLLUTANT. Any substance discharged into a POTW or its collection system, listed in Appendices A and B hereto, (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.
(1) Biological oxygen demand (BOD) of sewage, sewage effluent, polluted waters or industrial wastes shall mean 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 5 days at 20° Celsius. The laboratory determinations shall be made in accordance with procedures set forth in
STANDARD METHODS.
(2) Chemical oxygen demand (COD) of sewage, sewage effluent, polluted waters 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.
(3) 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.
(4) Floatable Oil - Oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
(5) 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. Greases and oils are defined by the method of their determination in accordance with
STANDARD METHODS.
(6) Grease and Oil of Animal and Vegetable Origin - Substances that are less readily biodegradable in nature such as are discharged by meat packing, vegetable oil and fat industries, food processors, canneries and restaurants.
(7) Grease and Oil of Mineral Origin - Substances that are less readily biodegradable than grease and oil of animal or vegetable origin; and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refinery wastes and storage depot wastes.
(8) 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.
(9) 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.
(10) Total solids - The sum of suspended and dissolved solids.
(11) Volatile organic matter - The material in the sewage solids transformed to gases or vapors when heated at 550° Celsius for 15 to 20 minutes.
(12) 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 such waters for beneficial uses or facilities which serve such beneficial uses. The man-made or man induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the POTW.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
SEWAGE. Water-carried human wastes or a combination of water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
SHALL. Shall mean mandatory.
SIGNIFICANT INDUSTRIAL USER. An industrial user that: the user is subject to categorical pretreatment standards; The user discharges 25,000 gallons per day or more of process wastewater (process wastewater excludes sanitary, noncontact cooling and boiler blowdown wastewaters); The user contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the treatment plant; The user's discharge has a reasonable potential, in the judgement of the Director, to cause pass through and/or interference at the POTW; or the user's discharge into the POTW has caused or has the potential to cause any violation of the terms and conditions of any permit under which the POTW is operating, including plan approvals.
SLUDGE. Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Sections 402 and 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act PL 94-580.
SLUGLOAD. Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STANDARD METHODS. The laboratory procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
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 quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to sanitary sewers and wastewater treatment facilities provided.
UPSET. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendices A and B attached to Ord. 6586-93 to 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 preventative maintenance or careless or improper operation thereof.
U.S. ENVIRONMENTAL PROTECTION AGENCY; 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 said agency.
USER. Any person that discharges, causes or permits the discharge of wastewater into the POTW.
WASTEWATER. Industrial waste or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW.
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.
WATERCOURSE. A channel in which a flow of water occurs, either continuously or intermittently.
(1981 Code, § 52.02) (Ord. 6586-93, passed 1-10-1994; Am. Ord. 09-02-013, passed 2-9-2009)