As used in this chapter, the following words and phrases shall have the following meanings:
(a) (1) “Act” means the Federal Water Pollution Control Act Amendments of 1972 (commonly referred to as the Clean Water Act) and any amendments thereto, as promulgated by the U.S. Environmental Protection Agency, pursuant to the Act.
(2) Authorized Representative of Industrial User. See Duly Authorized Representative of Industrial User.
(b) (1) “Best Management Practice or BMP” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04 and Section 924.03. BMP’s 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.
(2) “Bypass” means the intentional diversion of wastes from any portion of a treatment or pretreatment facility.
(c) (1) “Carbonaceous biochemical oxygen demand” (referred to herein as CBOD) means the quantity of oxygen utilized in the oxidation of organic material in which the contribution from the nitrogenous bacteria has been supressed, in parts per million by weight, in accordance with procedures set forth in Standard Methods or other methods approved in 40 CFR Part 136.
(2) “Categorical Industrial User” means an Industrial User subject to Categorical Pretreatment Standards specifying concentrations of pollutants which may be discharged into the POTW by specific industrial processes. Also see definition of Categorical Pretreatment Standard.
(3) “Categorical Pretreatment Standard” means the national pretreatment standard that specifies quantities or concentrations of pollutants or pollutant properties that may be discharged to a POTW by a specific industrial process, as required by the U.S. EPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1347) and established under 40 CFR Chapter I, Subchapter N.
(4) “CFR” means the Code of Federal Regulations.
(5) “Chemical oxygen demand” (referred to herein as COD) means the quantity of oxygen utilized in the chemical oxidation of organic matter expressed in parts per million by weight, in accordance with procedures set forth in Standard Methods or other methods approved in 40 CFR Part 136.
(6) “City” means the City of Warren, Ohio.
(7) “Composite Sample” means a sample that is collected over time, formed either by continuous sampling, or by mixing discrete samples. Where the City has not specified the composite method, the Industrial User shall collect the sample using the Flow Proportional Composite method, as defined below. There are two compositing methods:
A. Time Composite Sample, composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of stream flow; or
B. Flow Proportional Composite Sample, collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
(8) “Cooling water” means:
A. Uncontaminated Cooling Water: Water used for cooling purposes only which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water; or
B. Contaminated Cooling Water: Water used for cooling purposes which may become contaminated through the use of any water treatment chemicals used for corrosion inhibitors or biocides, by direct contact with process materials and/or wastewater, or contains a level of contaminants detectably higher than that of the intake water. Includes contact cooling water and may include non-contact cooling water.
(d) (1) “Daily Maximum Limit” means the maximum allowable discharge of a pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
(2) “Director” means the Director of the City of Warren WPC Department or his/her duly authorized representative.
(3) “Discharge” means the introduction of pollutants into the POTW from any source, including but not limited to those regulated under the Act.
(4) “Discharger” means any nonresidential user who discharges an effluent into the City POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances connected thereto.
(5) “Duly Authorized Representative of Industrial User” means:
A. If the Industrial User is a corporation:
(i) 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
(ii) The manager of one or more manufacturing, production or operation facilities provided the manager:
a. 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 regulation;
b. Can ensure 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. Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
B. If the Industrial User is a partnership or a sole proprietorship, a general partner or proprietor, respectively.
C. If the Industrial User is a limited liability company, a member or a manager.
D. A duly authorized representative of the individual designated in subsection (d)(5)A. - C. of this rule if:
(i) The authorization is made in writing by the individual described in subsection (d)(5)A. - C.;
(ii) The authorization specified either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge 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
(iii) The written authorization is submitted to the City of Warren.
E. If an authorization under subsection (d)(5)D. of this rule 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 subsection (d)(5)D. of this rule shall be submitted to the City of Warren prior to or together with any reports to be signed by an authorized representative.
(e) “Environmental Protection Agency” (EPA) means the U.S. Environmental Protection Agency, or where appropriate “Environmental Protection Agency” may also be used as a designation for the Administrator or other duly authorized official of such Agency.
(f) Reserved.
(g) (1) “Grab sample” means an individual sample collected on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
(2) “Ground garbage” means the residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch in any dimension.
(h) Reserved.
(i) (1) “Industrial discharge” means the introduction of pollutants into the POTW from any non-domestic source, including but not limited to those regulated under the Act.
(2) “Industrial User/Discharger” means the source of indirect discharge to the POTW from any non-domestic source.
(3) “Industrial waste” means any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial manufacturing, commercial or business establishment or process, or from the development, recovery or processing of any natural resource.
(4) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, either:
A. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; or
B. 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 thereunder (or more stringent state or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (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 SWDA), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.
(j) Reserved.
(k) Reserved.
(l) “Local Limit” means specific discharge limits developed and enforced by the City of Warren upon industrial or commercial facilities to implement the general and specific discharge prohibition listed in 40 CFR 403.5(a)(1) and (b).
(m) (1) “mg/L” means milligrams per liter.
(2) “Monthly Average” means the arithmetic mean of all daily results measured during a calendar month.
(3) “Monthly Average Limit” means the maximum allowable arithmetic mean of all daily results measured during a calendar month.
(n) (1) “National Pollutant Discharge Elimination System” (NPDES) permit means the permit issued to the City, to discharge treated wastewater to the Mahoning River, pursuant to Section 402 of the Act, Chapter 6111 of the Ohio Revised Code, and Chapter 3745-33 of the Ohio Administrative Code.
(2) “New Source” means 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 modified and defined for implementation in accordance with 40 CFR Section 403.3 paragraph (m) and Section 403.6 paragraph (b) 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 of 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 will be considered.
(3) “North American Industrial Classification System” (NAICS) is the standard used by some Federal agencies to classify business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the economy.
(o) (1) “Ohio EPA” means the Ohio Environmental Protection Agency.
(2) “Oil and Grease” means a group of substances with similar physical characteristics determined quantitatively on the basis of their common solubility in hexane in accordance with procedures set forth in Standard Methods or other methods approved in 40 CFR Part 136.
(p) (1) “Parts per million” (ppm) means a weight-to-weight ratio; essentially equivalent to one milligram per liter.
(2) “Pass-through” means the discharge of pollutants through the POTW into waters of the state in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).
(3) “Person” means any and all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency or other entity.
(4) “pH” means the logarithm, base 10, of the reciprocal of the hydrogen ion concentration expressed in moles per liter. “pH” shall be determined in accordance with procedures set forth in Standard Methods or other methods approved in 40 CFR Part 136.
(5) “Pollutant” means the dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic and agricultural waste discharged into water.
(6) “Pretreatment” means 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 the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).
(7) “Pretreatment requirement” means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an Industrial User or POTW.
(8) “Pretreatment standards” mean discharge limits related to pretreatment that is imposed on an Industrial User through local, state or federal regulations. These regulations can include those promulgated by U.S. EPA in accordance with Section 307(b) and (c) of the Act, Chapter 3745-3 of the Ohio Administrative Code, Industrial Waste Discharge Permits, NPDES Permits, Prohibited Discharge Standards, Categorical Pretreatment Standards and Local Limits, or any enforceable schedule designed to achieve compliance with the aforementioned limits.
(9) “Process water” 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.
(10) “Publicly Owned Treatment Works” (POTW) means a treatment works, as defined by Section 212 of the Act, which is owned, leased or contracted to operate by a state or municipality. This definition includes any devices and/or systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they convey wastewater to a treatment plant.
(11) “Public sewer” means any sewer that is provided by or subject to the jurisdiction of the City and is located in a dedicated public street, roadway, public right-of-way, or easement which is owned and operated by the City.
(q) Reserved.
(r) Reserved.
(s) (1) “Safety-Service Director” means the Safety-Service Director of the City or his/her duly authorized representative.
(2) “Sewage” means any liquid waste containing sludge, sludge materials, or animal or vegetable matter in suspension or solution, and may include household wastes as commonly discharged from residences and from commercial, institutional or similar facilities.
(3) “Sewage Treatment Plant” means an assemblage of devices, structures and equipment for treatment, stabilization, blending, composting or holding sewage, sludge, sludge materials, industrial waste or other wastes.
(4) “Sewer” means a pipe or conduit for conveying sewage or any other waste liquids, including storm, surface and groundwater drainage.
(5) “Shall” means a mandatory requirement; “may” is permissible.
(6) “Significant Industrial User” (SIU) includes:
A. All Categorical Industrial Users; or
B. Any Non-Categorical Industrial User which:
(i) Discharges 25,000 gallons per day or more of process water; or
(ii) Contributes a wastewater which makes up five percent (5%) or more of the average dry weather hydraulic or organic (CBOD, TSS, etc.) capacity of the treatment plant; or
(iii) Has a reasonable potential, in the opinion of the City of Warren, to adversely affect the POTW (inhibition, pass-through, sludge contamination, endangerment of POTW workers, or other adverse effects).
C. Upon finding that an Industrial User designated as a Significant Industrial User for meeting the criteria in subsection (s)(6)B. of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City of Warren may at any time, on the City’s own initiative or in response to a petition received from the Industrial User, and in accordance with Chapter 3745-3 of the Ohio Administrative Code, determine that such Industrial User is not a Significant Industrial User.
(7) “Significant noncompliance” (SNC) is a relative measure of Industrial User noncompliance determined if the Industrial User’s violations meet one or more of the following criteria:
A. Chronic violations of wastewater discharge limits, at any permitted monitoring point for a Significant Industiral User, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits for the same pollutant or the daily maximum limit or the average limit for the same pollutant;
B. Technical review criteria (TRC) violations, and any permitted monitoring point for a Significant Industrial User; defined here as those in which thirty-three percent (33%) or more of all 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, daily maximum limits, or the average limit multiplied by the applicable TRC (TRC = 1.4 for CBOD, 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 OAC 3745-03-01, that the City of Warren 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 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 (90) 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 thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation or group of violations which the Director determines will or has adversely affected the operation or implementation of the City’s pretreatment program including the failure to comply with BMPs as required.
(8) “Sludge” means any solid or semisolid 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 as defined in standards issued under Sections 402 and 405 of the Act and in the applicable requirements under Sections 2001, 3004 and 4004 of the Solid Waste Disposal Act (PL 94-580).
(9) “Slug/Slug-load/Slug-discharge” means any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, causes a violation of the prohibited 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 or pass-through, or in any other way violate the POTW’s regulations, Local Limits or Permit conditions.
(10) “Standard Industrial Classification (SIC) Manual” means the SIC Manual, 2972, Office of Management and Budget, as amended and supplemented.
(11) “Standard Methods” means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, American Water Works Association and Water Environment Federation. This is one of six references provided in 40 CFR 136.
(12) “Superintendent” means the Superintendent of the City of Warren WPC Facility or his/her duly authorized representative.
(13) “Surcharge” means the assessment, in addition to other applicable charges, which is levied on those personal or Industrial Users whose wastewater is greater in strength than the normal domestic sewage, for non-toxic parameters, to recover the additional costs associated with treating extra strength discharges.
(14) “Suspended Solids” (SS) means solids that either float on the surface of, or are in suspension or will settle in water, sewage or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in “Standard Methods” or other methods approved in 40 CFR 136.
(t) “Toxic pollutants” means any pollutant or combination of pollutants which is or can potentially be harmful to public health or the environment including those listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of 40 CFR 401.15.
(u) “Upset” means an exceptional incident in which a Discharger 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 Discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance or careless or improper operation thereof.
(v) Reserved.
(w) “Wastewater” means any sewage or other liquid or water-carried wastes from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, together with any groundwater, surface water and stormwater that may be present, which is contributed into or permitted to enter the POTW. This definition applies regardless of whether the waste has been treated or untreated.
(Ord. 12966/2020. Passed 10-14-20.)