For purposes of this chapter, the following words and phrases shall have the following meanings:
(a) "Authorized or duly authorized representative of the user."
(1) If the user is a corporation:
A. 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
B. The manager of one 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 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.
(4) The individuals described in paragraphs (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 City.
(b) "Biochemical Oxygen Demand" (or "BOD") is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees C, expressed in milligrams per liter, as determined by Standard Methods.
(c) "Best Management Practices or BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 1040.27(a) and (b) [40 CFR 403.5(a)(1) and (b)]. BMPs 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.
(d) "Building drain" is 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 the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
(e) "Building sewer" means the extension from the building drain to the public sewer or other place of disposal.
(f) "Bypass" means the intentional diversion of waste streams from any portion of a user's pretreatment facility.
(g) "Categorical Pretreatment Standards" are the National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced to the sewage works by industrial users.
(h) "Chemical oxygen demand" (or "COD") means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedure, as determined by Standard Methods.
(i) "Clean wastewaters" (or "unpolluted wastewaters") are those liquid wastes which meet the criteria established by the OEPA for effluents discharged to watercourses at Wapakoneta, Ohio.
(j) "Combined sewage" means a combination of sanitary sewage and surface or storm water, with or without industrial wastes.
(k) "Combined sewer" means a sewer receiving combined sewage.
(l) "Cooling water" means the water discharged from any system of condensation, air conditioning, cooling or refrigeration. It shall be free from odor and oil, and shall contain no polluting substances.
(m) "Director" is the Director of the Public Service and Safety Department of Wapakoneta, Ohio.
(n) "Division of Sewage Treatment" (or "Division") is the Division established by the City of Wapakoneta in Chapter 250 of the Codified Ordinances for the purpose of managing and operating the sewage works of the City.
(o) "Engineering Department" is the Department established by the City of Wapakoneta for the purpose of dealing with engineering, zoning, and inspection.
(p) "Federal Act" means The Federal Water Pollution Control Act Amendments of 1972, as amended by the Clean Water Act of 1977, (PL 95-217) 33 U.S.C. 1241 et seq.; as well as any guidelines, limitations and standards promulgated by the USEPA pursuant to the Act.
(q) "Garbage" means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of products.
(r) "Health Officer" is the Health Officer of the Auglaize County Department of Health.
(s) "Holding tank waste" means any sanitary waste from holding tanks or chambers used in connection with boats, chemical toilets, campers, trailers or other isolated facilities from which sanitary wastes emanate. The definition includes sanitary wastes from septic tanks and vacuum-pump tank trucks.
(t) "Industrial user" (or "industrial discharger") means any user who discharges to the sewage works any liquid wastes resulting from processes employed in industry or manufacturing, or from development of any natural resource.
(u) "Industrial wastes" means the solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process; or from the development, recovery or processing of natural resources, as distinct from sanitary sewage.
(v) "Inspector" is an authorized deputy, agent or representative of the Engineering Department.
(w) "Interference" is a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the City's treatment works, its treatment processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirements of the City's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal.
(x) "mg/l" means milligrams per liter.
(y) "Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body or surface or groundwater.
(z) "New source" means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commences after the publication of proposed pretreatment standards under Section 307C of the Federal Act which will be applicable to 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 of wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
(aa) "Normal sewage" is sewage or wastewater having an average concentration of not more than the following:
BOD (biochemical oxygen demand) - 200 mg/l
COD (chemical oxygen demand) - 500 mg/l
SS (suspended solids) - 250 mg/l
Total Phosphorus, as P - 10 mg/l
Hexane Soluble Matter (grease/oil) - 100 mg/l
(bb) "NPDES" is the National Pollutant Discharge Elimination System.
(cc) "OEPA" is The Ohio Environmental Protection Agency.
(dd) "Operation and maintenance" (or "O&M"). Operation and maintenance expenses are the costs of operating and maintaining the complete sewage works, including sanitary sewers, treatment plant and industrial waste surveillance.
(ee) "Pass through" means a discharge which exits the City's treatment works into receiving waters in quantities or concentrations which, alone or in conjunction with a discharge or discharge from other sources, is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation).
(ff) "Person" means any individual, firm, company, association, society, corporation or group. For a corporation, a person shall be a company officer directly in charge of wastewater discharges.
(gg) "pH" means the logarithm (base10) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Low values indicate the presence of acid or acid-forming salts. High values indicate the presence of alkaline material. A pH of 7.0 is considered neutral.)
(hh) "Phosphorus" means total phosphorus content in wastewater, as P, expressed in mg/l, as determined by Standard Methods.
(ii) "Premises" means any parcel of real estate or portion of real estate, including any improvements, determined by the Superintendent to be a single user for purposes of receiving, using and paying for services.
(jj) "Pretreatment" means the reduction in 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 such pollutants to the sewage works.
(kk) "Private sewer" means a sewer in which all owners of abutting properties do not have equal rights, and which is not controlled by public authority.
(ll) "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely under flow conditions normally prevailing in public sewers.
(mm) "Public authority" means any governmental entity having jurisdiction by law.
(nn) "Public sewer" means a sewer owned and operated by a public authority.
(oo) "Replacement" means expenditures to obtain and install equipment, accessories or appurtenances which are necessary during the useful life of the sewage works to maintain its capacity and performance. The term "operation and maintenance" includes replacement.
(pp) "Sanitary sewage" means sewage containing a combination of water-carried wastes from residences, business establishments, institutions and industrial establishments contributed by reason of human occupancy.
(qq) "Sanitary sewer" means a sewer which carries sanitary sewage and/or industrial waste and to which storm, surface and groundwater's are not intentionally admitted.
(rr) "Sewage" (or "wastewater'") is a combination of water-carried industrial waste, sanitary sewage or any other waste, together with such ground, surface and storm waters that may be present.
(ss) "Sewage works", (or "treatment works") means all facilities for collecting, pumping, treating and disposing of sanitary sewage and industrial wastes.
(tt) "Sewer" means a pipe, conduit, ditch or other device for carrying sewage or storm water.
(uu) "Shall" is mandatory; "May" is permissive.
(vv) "Significant industrial user" means any industry that:
(1) Is subject to categorical pretreatment standards.
(2) Any other industrial user except as provided in paragraph (3) of this definition that:
A. Discharges over 25,000 gallons per day of process waste-water from any source other than sanitary, non-contact cooling, boiler blowdown, recreational, or agricultural irrigation wastewater; or in any case that exceeds five percent of the wastewater treatment plant's dry weather hydraulic load; or
B. Contributes a process waste stream which makes up five percent or more of the average dry weather organic load capacity of the wastewater treatment plant; or
C. Has a reasonable potential, in the opinion of the Superintendent to adversely affect the treatment works or is known to have a discharge which exceeds local pollutant limits.
(3) The Superintendent 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 wastewater treatment plant's operation or for violating any pretreatment standard or requirement.
(ww) "Significant noncompliance (SNC)" shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (3), (4) or (8) of this definition) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 1040.27; the daily maximum limit.
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by Section 1040.27 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
(3) Any other violation of a pretreatment standard or requirement as defined by Section 1040.27 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference of pass through, including endangering the health of POTW personnel or the general public.
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge.
(5) Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within forty-five days after the due date, any required reports, including such as baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(xx) "Slugload or slug discharge" means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 1040.27. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference of pass through, or in any other way violate the POTW's regulations, local limits or permit conditions, pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause INTERFERENCE with the City's treatment works.
(yy) "Standard industrial classification" (or "SIC") means the classification of users based on the 1972 Standard Industrial Classification Manual, as amended and supplemented, Office of Manpower and Budget of the United States of America.
(zz) "Standard methods" are the laboratory procedures specified in the latest edition 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.
(aaa) "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
(bbb) "Superintendent" is the superintendent of the Division of Sewage Treatment or his authorized deputy, agent or representative.
(ccc) "Suspended solids" are solids that either float on the surface of, or are suspended in, water, wastewater, sewage or other liquids, and which are removable by laboratory filtering, as determined by Standard Methods.
(ddd) "Toxic pollutant" means any pollutant designated by Federal regulations pursuant to Section 307 of the Federal Act. .
(eee) "USEPA" is The United States Environmental Protection Agency.
(fff) "User" is any person that discharges, causes or permits the discharge of wastewater into a public sewer.
(ggg) "Wastes" means sewage and all other substances (liquid, solid, gaseous or radioactive) associated with human habitation or of human or animal origin; or from any producing, manufacturing or processing operation of any nature, including substances placed within containers of any nature prior to, and for purposes of, disposal.
(hhh) "Wastewater treatment plant" is an arrangement of devices and structures used for treating sewage.
(iii) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently.
(jjj) "Waters of the State" means any water, surface or underground, including saline water, within the boundaries of the State.
(Ord. 2014-09. Passed 4-7-14.)