As used in this chapter, unless the context specifically indicates otherwise:
(1) “Act” means the Clean Water Act (33 U.S.C. 1251 et seq.), as amended, Public Law 92-500, and any amendments thereto, as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
(2) “Analytical testing” shall mean all methods of sample collection, preservation, and analysis as prescribed in CFR-, “test procedures for the analysis of pollutants.”
(3) “Approval authority” for the pretreatment program is the Ohio EPA.
(4) “Authorized” or “duly authorized representative” of the user means as follows:
A. If the user is a corporation:
1. 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,
2. 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 or general discharge permit requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
C. 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.
D. The individuals described in paragraphs A. through C., 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.
(5) “Batch discharge” shall mean a discrete quantifiable discharge of a quantity of wastewater that is a homogeneous mixture, such that a grab sample taken at any time during discharge shall be representative (that is, it has all the same characteristics of any other portion of the batch). The Superintendent shall have approval of the allowable volumetric flow rate. To satisfy the City monitoring requirements, the discharge shall be made in accordance with a schedule approved by the Superintendent or with a 48-hour prior notice to the Superintendent.
(6) “Best management practices” (BMP's) shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in OAC 3745-3-04. 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.
(7) “Biochemical oxygen demand” (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at twenty degrees Celsius under standard laboratory procedures, as outlined in the United States Environmental Protection Agency’s (USEPA) “Methods for Chemical Analysis of Water and Wastes,” expressed in milligrams per liter.
(8) “Biosolids” means the nutrient-rich organic materials resulting from the treatment of sewage sludge (the name for the solid, semisolid or liquid untreated residue generated during the treatment of domestic sewage in a treatment facility). When treated and processed, sewage sludge becomes biosolids which can be safely recycled and applied as fertilizer to sustainably improve and maintain productive soils and stimulate plant growth.
(9) “Building drain” means that part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys such discharge to the building sewer, beginning three feet (0.91 meters) beyond the foundation wall of the building.
(10) “Building drain - combined” is a building drain which conveys both sewage and storm water or other drainage.
(11) “Building drain - sanitary” is a building drain which conveys sewage only.
(12) “Building drain - storm” is a building drain which conveys storm water or other drainage, but no sewage.
(13) “Building sewer” means that part of the drainage system which extends from the end of the building drain and conveys its discharge to the public sewer or other place of disposal. For a user having more than one building, a building sewer may convey discharges from more than one building drain to the public sewer.
(14) “Building sewer - combined” means a building sewer which conveys both sewage and storm water, or other drainage.
(15) “Building sewer - sanitary" means a building sewer which conveys sewage only.
(16) “Building sewer - storm” means a building sewer which conveys storm water or other drainage, but no sewage.
(17) “By-pass” means the intentional diversion of a waste stream from any portion of an industrial user's treatment facility.
(18) “Capital charges” means those amounts paid by each premises connected to the treatment works, proportionate to the probable demand placed on the sewerage system to pay the debt service requirements and capital expenditures to enlarge or improve the wastewater facilities.
(19) “Carbonaceous biochemical oxygen demand” (CB-BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at twenty degrees Celsius under standard laboratory procedures, using a USEPA approved nitrification inhibitor, expressed in milligrams per liter.
(20) “Categorical industrial user” (CIU) means any industrial user subject to a categorical pretreatment standard or categorical standard.
(21) “Categorical pretreatment standards” means the National pretreatment standards promulgated by USEPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471. The rules specify quantities or concentrations of pollutants or pollutant properties that may be discharged or introduced into the wastewater treatment works by specific industrial users.
(22) “CFR” means the Code of Federal Regulations.
(23) “Chemical oxygen demand” (COD) means the quantity of oxygen required to oxidize organic matter under specific laboratory conditions of an oxidizing agent, temperature and time, expressed in milligrams per liter.
(24) “City” means the City of Willard.
(25) “City Engineer” means the City Manager or his or her authorized agent or representative.
(26) “City Manager” means the Manager of the City or his or her authorized agent or representative.
(27) “Combined sewer” means a sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer.
(28) “Commodity charges” means the total of the user and capital charges, expressed in dollars per 1,000 gallons of consumption. Such charges are levied on all consumption as measured by the water or sewage meter installed on the premises.
(29) “Compatible pollutants” means pollutants which the treatment plant was designed to treat, which are BOD, SS, phosphorus and fecal or escherichia coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants and, in fact, does remove such pollutants to a substantial degree.
(30) “Connection charge” means that amount, as established by Council, paid by each new premises connected to the treatment works.
(31) “Control authority” shall mean the City.
(32) “Cooling water” or “industrial cooling water” means the unpolluted water discharged from any system of condensation, air-conditioning cooling, refrigeration or other similar use which meets the criteria established by the OEPA for effluents discharged to watercourses at the City.
(33) “Days” shall mean calendar days in reference to time period requirements.
(34) “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
(35) “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge in the total mass discharged over the course of the day. Where daily maximum limits 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.
(36) “Easement” means an acquired legal right for the specific use of land owned by others.
(37) “EPA” shall mean the United States Environmental Protection Agency (distinguished from the Ohio EPA).
(38) “Existing source” means any source of discharge that is not a “new source”.
(39) “Federal Act” shall mean the Federal Water Pollution Control Act (PL 92-500), the Clean Water Act of 1977 (PL 95-217), the Water Quality Act of 1987, and any amendments thereto, as well as the guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to the Act.
(40) “Garbage” means animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods, distinguished from properly shredded garbage as defined in Section 923.02(73) of the Codified Ordinances.
(41) “Grab sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes. Specific grab samples, as defined for industrial user self-monitoring reports in 40 CFR 136 and appropriate USEPA guidance, are pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. Also, see Section 923.02(55) of the Codified Ordinances, multiple grab samples.
(42) “Incompatible pollutant” means a pollutant which is not compatible, as defined in Section 923.02(29) of the Codified Ordinances.
(43) “Indirect discharge” means the discharge or the introduction of nondomestic pollutants from a source regulated under the Act into the wastewater treatment works.
(44) “Industrial wastes” means the solid, liquid or gaseous wastes resulting from industrial, manufacturing, trade or business processes, or from the development, recovery or processing of natural resources, as distinct from domestic or sanitary wastes.
(45) “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(46) “Interceptor” means a device designed and installed so as to separate and/or retain deleterious, hazardous or undesirable matter from normal sewage, and which permits normal wastewater to discharge into the disposal terminal by gravity.
(47) “Interference” means 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 of 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 the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act.
(48) “Licensed engineer” means an engineer licensed to practice in the State of Ohio.
(49) “Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
(50) “Methods for the Chemical Analysis of Water and Wastes” means the approved laboratory test procedures used to measure pollutants mentioned in this chapter or any other pollutants, as published by USEPA, 1979, (EPA-600/4-79-020), or the latest edition.
(51) “Micrograms per liter” (ug/l) means parts per billion by weight and is synonymous with parts per billion (ppb).
(52) “Milligrams per liter” (mg/l) means parts per million by weight and is synonymous with parts per million (ppm).
(53) “Monthly average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
(54) “Monthly average limit” means 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 “dally discharges” measured during that month.
(55) “Multiple grab samples” means multiple grab samples collected over a twenty-four-hour period may be composited prior to analysis as follows: for hexavalent chromium, cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease, the samples may be composited in the laboratory as defined in 40 CFR 136 and appropriate usepa guidance.
(56) “Nanograms per liter (ng/l)” means parts per trillion by weight and is synonymous with parts per trillion (ppt).
(57) “Natural outlet” means any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface or ground water which does not require a NPDES discharge permit.
(58) A. “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 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;
2. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source;
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 paragraphs (58)A.2. or 3. hereof but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source as defined under this subsection has commenced if the owner or operator has:
1. Begun, or caused to begin as a part of a continuous on-site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. 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
2. 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 paragraph.
(59) “Normal domestic wastes” and “standard strength sewage” mean wastes which are characterized by a loading of 200 mg/l BOD or CB-BOD, or 500 mg/l COD and 250 mg/l SS, and eleven mg/l total phosphorus.
(60) “NPDES permit” means the National Pollutant Discharge Elimination System permit, as issued by the State Environmental Protection Agency under the authorization issued by the U.S. Environmental Protection Agency, Region V.
(61) “OEPA” means the Ohio Environmental Protection Agency.
(62) “Oil and grease, total recoverable” means the measurement of n-hexane extractable matter followed by gravimetric analysis as adopted by USEPA Method 1664 (or any other USEPA approved extract) from surface and saline waters and industrial and domestic wastes. It is a measure of biodegradable animal greases and vegetable oils along with the relative non-biodegradable mineral oils, expressed in milligrams per liter.
(63) “Operation, maintenance and replacement costs” means those costs, including labor, materials, supplies, equipment, accessories and appurtenances, required to operate the facilities, keep the facilities in operating condition and maintain the capacity and performance during the useful life of the treatment works for which such works were designed and constructed.
(64) “Pass through” means 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).
(65) “Person” means an individual, firm, company, association, society or corporation or group.
(66) “Petroleum hydrocarbons, total recoverable” means the measurement of n-hexane extractable petroleum hydrocarbons followed by gravimetric analysis as adopted by USEPA Method 1664 (or any other USEPA approved extract) from surface and saline waters and industrial and domestic wastes. Petroleum hydrocarbons is the measure of only the mineral oils, expressed in milligrams per liter.
(67) “pH” means the logarithm of the reciprocal of hydrogen ion concentration. The concentration is the weight of hydrogen ions in grams per liter of solution, expressed in standard units (S.U.).
(68) “Phosphorus, total” means the phosphorus content of a sample, including all of the orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species, expressed in milligrams per liter.
(69) “Pollutant” means dredged spoil, solid waste, incinerator residue, sewage, filter backwash, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wastewater, garbage, wastewater sludge, munition, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, Municipal and agricultural waste discharge into water.
(70) “Ppm” means parts per million by weight and/or milligrams per liter (mg/l).
(71) “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 wastewater treatment works.
(72) “Pretreatment streamlining rule” means changes to OAC 3745-3 that became effective on February 1, 2007 that affects all POTW's with OEPA approved pretreatment programs.
(73) “Properly shredded garbage” means wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch (1.27 centimeters) in any dimension.
(74) “Publicly owned treatment works” (POTW) means the treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292), which are owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
(75) “Public sewer” means a common sewer controlled by a governmental agency or public utility.
(76) “Sanitary sewer” means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and installations, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
(77) “Sanitary wastes” means the combination of liquid water-carried wastes discharged from toilets and other sanitary plumbing facilities.
(78) “Segregated domestic waters” means discharges from nonresidential sources generated from normal human biological activities, separate and distinct from industrial trade or process discharges.
(79) “Septic tank waste” means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
(80) “Sewage.” See “Wastewater.”
(81) “Sewer” means a pipe or conduit that carries wastewater or drainage water.
(82) “Shall” is mandatory; “may” is permissive.
(83) “SIC manual” means the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented.
(84) “Slug” means a discharge of water or wastewater which in concentration of any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference or pass through at the POTW.
(85) “Slug control plan” means a plan which contains and/or meets the following minimum requirements:
A. Description of discharge practices, including non-routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Superintendent of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days;
D. If necessary, procedures to address impacts from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants including solvents, and/or measures and equipment for emergency response; and,
E. Any other requirement as determined by the Superintendent.
(86) “Specifications for materials” means standards or specifications identified by the following abbreviations:
ANSI: American standards approved by the American National Standards Institute, Inc., 1430 Broadway, New York, New York 10018.
ASTM: Standards and tentative standards published by the American Society for Testing of Materials, P.O. Box 7510, Philadelphia, Pennsylvania 19101.
CS: Commercial standards representing recorded voluntary recommendations of the trade, issued by the United States Department of Commerce and obtainable from the Superintendent of Documents, Government Printing Office, Washington, DC 20234.
(87) “Standard methods” shall mean the publication Standard Methods for the Examination of Water and Wastewater, latest edition, American Public Health Association, American Water Works Association, Water Environment Federation.
(88) “Storm drain” and “storm sewer” mean a drain or sewer for conveying water, ground water, subsurface water or unpolluted water from any source.
(89) “Storm water” means any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
(90) “Superintendent” means the Superintendent of Water Pollution Control of the City or his or her authorized deputy, agent or representative.
(91) “Surcharge” means the fee in addition to the commodity charge which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
(92) “Suspended solids” (SS) is synonymous with nonfilterable residue and means total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquid and that is removable by laboratory filtering as prescribed in “Methods for the Chemical Analysis of Water and Wastes,” published by USEPA, 1979, as amended and supplemented.
(93) “Toxic pollutants” includes, but is not necessarily limited to, aldrin-dieldrin, benzidine, cadmium, cyanide, DDT-endrin, mercury, polycholorinated byphenyls (PCBs) and toxaphene. Pollutants included as toxic shall also be those adopted by the USEPA, reference “Title III” of the Superfund Amendments and Reauthorization Act of 1986, and Section 3745-100-10 of the Ohio Administrative Code.
(94) “Treatment works” means any and all devices and systems used in the storage, treatment, recycling and reclamation of Municipal sewage or industrial wastes of a liquid nature, which devices and systems are necessary to recycle or re-use water at the most economical cost over the useful life of the works, including:
A. Interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and appurtenances thereto;
B. Extensions, improvements, remodeling, additions and alterations thereof;
C. Elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and
D. Ay works, including site acquisition of the land, that will be an integral part of the treatment process or that are used for the ultimate disposal of residue resulting from such treatment, or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of Municipal wastes, including wastes in combined storm water and sanitary sewerage systems.
(95) “Unpolluted water” means water to which no constituent has been added either intentionally or accidentally or which is so designated by the Superintendent.
(96) “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(97) “USEPA” means the United States Environmental Protection Agency.
(98) “User charge” means that amount paid by each premises connected to the treatment works, proportionate to the service provided. Such charge shall cover all operation, maintenance and replacement costs for the facilities.
(99) “User class” means the division of users within the City’s service area by the origin of the sewage discharged and by the similarity of the function of such users. Five general user classes are as follows:
A. “Industrial users” means a person who discharges to the City’s wastewater treatment works industrial wastes, as defined in subsection (44) hereof.
B. “Nonindustrial users” means single-family or equivalent residences, and other persons who discharge only segregated domestic wastes from sanitary conveniences to the City’s wastewater treatment works.
C. “Non significant industrial user” (NIU) shall mean any industrial user that is not a significant industrial user, but by the nature of its operations may be issued a wastewater discharge permit.
D. 1. “Significant industrial user” means, except as provided in paragraph D.2. hereof, all industrial users subject to categorical pretreatment standards; and any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW; contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or has a reasonable potential, in the opinion of the Superintendent, to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.
2. The Superintendent may at any time, on his or her 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 POTW’s operation or for violating any pretreatment standard or requirement.
(100) “USPH” means the United States Public Health Service.
(101) “Wastewater” means the spent water of a community. From the standpoint of source, wastewater may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any ground water, surface water and storm water that may be present.
(102) “Wastewater treatment plant” means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge, and is sometimes synonymous with waste treatment plant and water pollution control plant.
(103) “Watercourse” means a natural or artificial channel for the passage of water, either continuously or intermittently.
(104) “Wet weather related industrial wastewater” shall mean any polluted wastewater generated from wet weather conditions that is not suitable for discharge into surface streams without pretreatment. The source can be storm water, groundwater, leachate, overland flooding, spills, etc. within the City. This wastewater can be classified as industrial waste and discharged into the sanitary sewer for treatment by the City.
(Ord. 4252. Passed 12-21-92; Ord. 5478. Passed 7-2-12.)