For the purpose of these Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. Any action taken to remedy, correct, or eliminate a condition within, associated with or impacting a drainage system, pursuant to § 1049.21.
ACT. The Clean Water Act, being 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.
AGREEMENT. Any and all agreements, including amendments thereto, between the City of Xenia and Greene County for cooperative action in the planning, financing, design, construction and operation of sewerage facilities.
APPLICABLE PRETREATMENT STANDARD. Any pretreatment limit or prohibitive standard (federal, state and/or local) contained in this chapter deemed to be the most restrictive, with which nondomestic users will be required to comply.
APPLICANT. Any person who files an application for a record plan to plat or replat land, a request for sewer or water connection or a request for a building permit; any person, group of persons, association, partnership, firm or corporation requesting water and/or sewer service from the city.
APPLICATION FOR A RECORD PLAN APPROVAL. An application for approval of a record plan which plats or replats land.
APPROPRIATION or TO APPROPRIATE. An action by the City Council to identify specific sewer and water capital improvements, facilities or equipment for which sewer and water extension regulatory fee funds may be due. APPROPRIATION shall include, but shall not necessarily be limited to: inclusion of a sewer and water capital improvement in the adopted city budget or capital improvements program; execution of a contract or other legal encumbrance for construction of a sewer and water capital improvement for which sewer and water extension cost recovery fees may be imposed; and actual expenditure from the sewer and water capital improvement funds for the construction of sewer and water extension capital improvements.
APPROVAL AUTHORITY. The Director of the EPA in an NPDES state with an approved state pretreatment program, and the Administrator of the Environmental Protection Agency (EPA) in a non-NPDES state or an NPDES state without an approved state pretreatment program. The State of Ohio is an NPDES state with an approved state pretreatment program.
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 [or general permit {optional}] 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.
AVAILABILITY. The availability of sewer and water service to land which is made possible through the extension of sewer and water capital improvements for which sewer and water extension cost recovery fees are due for the purpose of recovering the cost of the sewer and water capital improvements.
AVERAGE MONTHLY DISCHARGE LIMITATION. The highest NPDES permit 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 NPDES permit 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 local, state or federal law.
BEST MANAGEMENT PRACTICES OR BMPs. Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Chapters 1044 and 1048. 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.
BIOCHEMICAL OXYGEN DEMAND (BOD5). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C, expressed in milligrams per liter.
BUILDING DRAIN. The part of the lowest horizontal piping of a drainage system carrying wastewater which receives discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the building sewer, which begins five feet outside the inner face of the building wall.
BUILDING PERMIT. The permit issued by the city for the construction, reconstruction, redevelopment or conversion of a building, or any structural alteration, relocation or enlargement of a building.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal. It is also called HOUSE CONNECTION.
BYPASS. The intentional diversion of waste streams from any portion of a discharger’s treatment facility to either the POTW or the city’s storm sewer system.
CAPACITY. The additional demand upon the city’s sewer and water systems caused by new sewer and water usage, paid for by the imposition of tap-in fees due at the time of connecting into city sewer and water systems and based upon the estimated rate of flow and size of the meter. Tap-in fees based on capacity are separate and distinct charges from sewer and water extension cost recovery fees, which are based upon the availability of sewer and water service by virtue of the extension of sewer and water system lines.
CATEGORICAL PRETREATMENT STANDARDS. The National Categorical Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the POTW by specific industrial dischargers.
CHEMICAL OXYGEN DEMAND (COD). The quantity of oxygen utilized in the chemical oxidation of inorganic and organic matter under standard laboratory procedures, expressed in milligrams per liter.
CITY. The City of Xenia, Ohio.
CITY MANAGER. The City Manager of the City of Xenia.
CLEAN WASTEWATER OR UNPOLLUTED WATER. Water of a quality equal to or better than the effluent criteria established by the OEPA, or water that would not cause a violation of receiving water quality standards and would not be improved by discharge to the sanitary sewers and wastewater treatment facilities provided.
COMBINED SEWER. A sewer which is designed to carry sanitary wastewater, industrial wastewater and stormwater runoff.
COMMITTEE. The Pretreatment Review Committee (PRC).
COMMITTEE MEMBERS. The City Manager or his or her designee, a City Commissioner, as appointed by the Commission President, the Xenia Economic Growth Corporation Executive Director, the Public Service Director or his or her designee and the Fire Chief or his or her designee. In case of death or resignation of any member, his or her successor will be appointed by position. Three voting members of the PRC will constitute a quorum for the conduct of business.
COMPATIBLE POLLUTANT. BOD5, suspended solids, pH and fecal 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. Examples of such additional pollutants may include:
(1) COD;
(2) Total organic carbon;
(3) Phosphorus and phosphorus compounds;
(4) Nitrogen and nitrogen compounds; and
(5) Fats, oils and greases of an animal or vegetable origin, except as limited under § 1044.06(f).
COMPOSITE SAMPLE. Should contain a minimum of eight 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.
CONSUMER. The owner of the property or his or her authorized agent or tenant.
CONTROL MANHOLE. A structure that is accessible for the purpose of observing, measuring and sampling the wastewater flow in a building sewer. A CONTROL MANHOLE may be used for inspecting and/or maintaining the building sewer.
COOLING WATER. The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other sources. It shall be free from odor and oil and shall contain no polluting substances. COOLING WATER shall be considered industrial wastewater if it is discharged to the sanitary sewer system.
COST RECOVERY EXTENSION FEES. Those charges established by city ordinance pursuant to the City of Xenia Sewer and Water Extension Cost Recovery Fee Procedures, as set forth in Chapter 1052. Cost recovery fees are for the availability of sewer and water service and represent costs over and above tap fees for specific water/sewer main projects.
COUNCIL. The City Council or the governing body for the City of Xenia that provides the policy authority to enact and enforce this chapter.
COUNTY. Greene County, Ohio.
DAILY DISCHARGE. The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents a calendar day for purposes of sampling.
DEPARTMENT OF PUBLIC SERVICE. The department established by the city responsible for managing and operating the water works and sewerage works of the city.
DEVELOPER/OWNER. Any person, group of persons, association, partnership, firm or corporation who or which subdivides or develops any land deemed to be a subdivision and/or any owner of land which is not served by the improved municipal water or sewer system; a person, firm, partnership, corporation, or other entity that excavates, fills, builds structures, or otherwise improves a specific parcel or tract of land.
DIRECTOR. The Director of the Department of Public Service, including the Division of Water and Wastewater, or his or her designated representative.
DISCHARGER or INDUSTRIAL DISCHARGER. Any nonresidential user who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches and all constructed devices and appliances appurtenant thereto.
DIVISION OF WATER AND WASTEWATER. The water works of the city.
EASEMENT. An acquired legal right of one owner of land to make lawful and beneficial use of the land of another.
EFFLUENT. Wastewater, water or other liquid, after some degree of treatment, flowing out of any treatment device or facilities; the treated wastewater flow from a POTW discharge pipe into a receiving stream.
ENFORCEMENT ACTION. Enforcement of this chapter against industrial users (IUs) who have violated the IU permit or this chapter by discharging quantities of industrial waste that is detrimental to the collection system or POTW.
EQUIPMENT REPLACEMENT COSTS. Expenditures made for obtaining and installing equipment, accessories or appurtenances which are necessary, during the service life of the treatment works, to maintain the capacity and performance for which such works were designed and constructed (Reference 40 C.F.R. 35.905-17).
EQUIVALENT RESIDENTIAL METER. The city’s standard water meter used to serve the average residence (three-fourths inch) meter.
EQUIVALENT RESIDENTIAL UNIT. The value, based on the average impervious surface (as defined herein) for detached single-family homes within the city that represents a unit of stormwater runoff. This value is used to facilitate comparison of the number of billing units of various properties.
EPA METHODS. Methods for Chemical Analysis of Water and Wastes, 1971, Environmental Protection Agency, Analytical Quality Control Laboratory, Cincinnati, Ohio.
EXTRATERRITORIAL LIMITS. The land which is outside the city’s corporate limits but which is subject to the city’s water system and sewer system extension policy, land development regulations, code enforcement and/or urban service area.
FACILITIES. Various drainage works that may include inlets, conduits, manholes, energy dissipation structures, catch basins, channels, outlets, retention/detention basins, and other structural components.
FACILITIES PLANNING AREA (SERVICE AREA). The area which has been delineated by the Ohio Environmental Protection Agency for sanitary sewer service and which is shown and fully described in the Xenia Regional Facilities Plan.
FEDERAL ACT. The Federal Water Pollution Control Act Amendments of 1972, being 33 U.S.C.§§ 1251 et seq. (Pub. L. No. 92-500), being 33 U.S.C.§§ 1342 et seq., and any amendments thereto, including the Clean Water Act of 1977, being 33 U.S.C.§§ 1251 et seq. (Pub. L. No.95-217), as well as any guidelines, limitations and standards promulgated by the U.S. Environmental Protection Agency pursuant to the Act.
FINANCING. Any funding used for a project to construct the extension of water systems/sewer systems normally coming from developers/owners.
FIRE HYDRANT. The complete hydrant, including the master valve at the curb.
FLOATABLE OIL. Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.
FUNDING. The allocation between benefitting users and the subsequent payment of the costs which are or have been incurred to construct an extension project.
GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and 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.
GREASE AND OIL. Any material which is extractable from an acidified sample of a wastewater by freon, hexane or other designated solvent.
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 one-half inch in dimension.
IMPERVIOUS SURFACE. Surfaces on or in a lot or parcel of real property that substantially reduce the rate of infiltration of stormwater into the earth.
INCOMPATIBLE POLLUTANT. Any pollutant which is not a compatible pollutant.
INDIRECT DISCHARGE. The discharge or the introduction of nondomestic pollutants from a source regulated under §§ 307 (b) and (c) of the Act, being 33 U.S.C. §§ 1317 (b) and (c), into a POTW.
INDUSTRIAL PLANT. Any facility which discharges industrial wastewater. Associated service industries shall be considered as INDUSTRIAL PLANTS, e.g. commercial power plants (electric), commercial laundries, restaurants, hotels, filling stations, water works or other establishments having an industrial wastewater discharge.
INDUSTRIAL USER (IU). Any industrial or commercial establishment or manufacturing or processing facility that discharges industrial waste into a POTW.
INDUSTRIAL USER PERMIT. A permit issued to an IU to discharge industrial waste into any sanitary sewer, as issued by the city. The permit will have limits set for any permitted IU, as set forth in this chapter.
INDUSTRIAL WASTE. Any solid, liquid, chemical 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.
INDUSTRIAL WASTEWATER or PROCESS WASTEWATER. The liquid wastes from industrial manufacturing processes, from trade or business establishments, or from the development, recovery or processing of natural resources, as distinct from sanitary or domestic wastewater.
INFLUENT. The water, together with any wastes that may be present, flowing into a drain, sewer, receptacle or outlet.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERCEPTOR SEWER. A sewer which receives wastewater from one or more lateral or local sanitary sewers.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 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.
LAND DEVELOPMENT. Any of the following:
(1) Subdivision of land;
(2) Construction, reconstruction, redevelopment or conversion of use of land or any structural alteration, relocation or enlargement which results in an increase in the number of service units required; or
(3) An extension of a use or a use of land which results in the use of city sewer and water capital improvements.
LIFT STATION. An operating station which has the function of lifting wastewater from a lower level to a higher one and passing it on, with increased pressure, through a force main.
LIFT STATION USER FEE. The additional charges for operating, maintaining and replacing sanitary sewer lift stations and appurtenances thereto assessed to every person whose premises are served by a connection to the sanitary sewer system, which connection discharges into a lift station, either directly or indirectly, and which lift station has been accepted into the public system in accordance with § 1044.10.
(Ord. 93-42, passed 8-12-1993)
LIFT SYSTEM. A general result and not a specific manner or process.
LOCAL FACILITIES. Water distribution mains of the size required to provide adequate fire and service delivery, or sewer collector mains of the size required to provide adequate sewer service to the frontage which they are to serve, sewage pumping stations, and water and sewer service connections. Due to the age of the city’s water system and sewer system, there are limited numbers of mains smaller in size than those mentioned herein. The following applies to new construction:
(1) The following are deemed to be water distribution mains:
A. Six-inch water mains are local requirements in residential areas;
B. Eight-inch water mains are local requirements in commercial/institutional areas; and
C. A water main of the size required to provide needed fire flow of 1,500 gpm and customer demand to the frontage (or a single development) which it serves. A water main of the size required to provide needed fire flow of 2,500 gpm and commercial/institutional customer demand which it serves. The developer/owner and/or the city must size the water line to serve the area within the entire service area that can be served by this water line.
(2) The following are deemed to be sewer collector mains:
A. Eight-inch sewer mains are local requirements;
B. Any sewer size greater than local sewer line requirements (eight-inch) are to be considered trunk sewers and interceptors which convey flow to sewage pumping stations and wastewater treatment facilities being served; and
C. All facilities within a watershed area must have the sewer line sized to handle the sewage flow, whether being proposed by a developer/owner of the city. The entire service area must be addressed, not just a single development of residential or commercial areas, so that the proper size of line, slope, percent of grade, cfs, and the like can be checked by the city prior to development.
LOW PRESSURE SEWER SYSTEM. A system of collecting wastewater from station to station by employing a grinder pump at each user location, which expels the wastewater at a specific pressure into an airtight and watertight pipe, using a system of check valves to keep the material pressurized and flowing in one direction during collection throughout the system, thus overcoming gravity until the liquid is expelled downstream.
MAIN. All cast-iron pipe or main arteries of a size of six inches or larger.
MAJOR CONTRIBUTING INDUSTRY. An industrial user of the publicly owned treatment works that:
(1) Has a flow of 50,000 gallons or more per average work day;
(2) Has a flow greater than five percent of the flow carried by the municipal system receiving the waste;
(3) Has in its waste a toxic pollutant in toxic amounts, as defined in standards issued under § 307(a) of the Federal Act; or
(4) Is found by the permit issuance authority, in connection with the issuance of an NPDES permit to the publicly owned treatment works receiving the waste, to have a significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works.
MAXIMUM DAILY DISCHARGE LIMITATIONS. The highest allowable daily discharge.
MAY. Is permissive; SHALL is mandatory.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, dialysis wastes and radiation wastes.
mg/l. Milligrams per liter.
NATURAL OUTLET. Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
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 § 307 (c) of the Act, being 33 U.S.C. § 1317(a), which will be applicable to such source if such standards are thereafter promulgated in accordance with such section, provided that:
A. The building, structure, facility or installation is constructed at a site at which no other source is located;
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 subsection (1)B. or C. above, but otherwise alters, replaces or adds to the existing process or production equipment.
(3) Construction of a new source has commenced if the owner or operator has 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 the 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 entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in 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-RESIDENTIAL PROPERTY. Property and improvements thereon used for commercial, industrial, institutional, governmental or multi-family residential use (two-family or greater, excluding residential condominium developments).
NON-SIGNIFICANT INDUSTRY. An industry which:
(1) Has a flow of less than 25,000 gallons per day;
(2) Does not have, in its wastes, toxic pollutants, as defined pursuant to § 307 of the Act, being 33 U.S.C. § 1317 (a), or state statutes and rules; or
(3) Does not have the ability, in the opinion of the Director, to adversely affect operations of the POTW.
NORMAL STRENGTH WASTEWATER. As defined for the purpose of determining surcharges, means wastewater having an average daily suspended solids concentration of not more than 250 mg/l, an average daily BOD5 of not more than 200 mg/l and an average daily phosphorus concentration of not more than 10 mg/l, and containing not more than 100 mg/l of freon-soluble matter (grease and oil) or 20 mg/l NH3-N (ammonia nitrogen).
NOTICE. A written or printed communication conveying information or warning.
NOTICE OF VIOLATION (NOV). Any notice of discharge of industrial waste, from the Public Service Director, that violates an IU permit or these Codified Ordinances and that causes system problems to the collection system or the POTW, as issued under this chapter.
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 Pub. L. No. 92-500 § 402, being 33 U.S.C.§§ 1342 et seq..
O AND M. Operation and maintenance.
OEPA. The Ohio Environmental Protection Agency.
OPERATION AND MAINTENANCE COSTS. All costs associated with the operation and maintenance of the wastewater collection and treatment facilities, including salaries and wages, electric power, propane gas and fuel oil, chemicals, miscellaneous supplies and equipment, maintenance of equipment and facilities, employee fringe benefits, other necessary expenses and all costs associated with equipment replacement.
ORDER. The whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) or any matter issued by the City Manager or person designated by him or her pursuant to any provisions of this chapter.
ORDERS. The letter, issued by the Public Service Director, setting forth conditions for the discharge of the POTW pursuant to this chapter.
OTHER WASTES. Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances, except sewage and industrial wastes.
OWNER. Any person in title or having any interest in real property in the facilities planning area, including any of the sanitary sewer districts and their extensions and/or drainage area or areas now existing or subsequently created by the city and/or county, or covered by contract providing for city service to the area under contract.
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, and the singular shall include the plural, where indicated by the context.
pH. The logarithm (base ten) of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (Low values indicate the presence of acids or acid forming salts. High values indicate the presence of alkaline material. A pH of 7.0 is considered neutral.)
PLUMBER. In the event that city ordinances provide for the licensing of plumbers, means a licensed plumber. If plumbers are not licensed by the city, then the word means skilled workers in the plumbing business.
PLUMBING. All piping from the curb box into a basement, including any plumbing and fixtures in a building.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munitions, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste, discharged into water; any substance discharged into a POTW or its collection system, 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 § 307 (a) of the Act, being 33 U.S.C. § 1317(a), or its successor.
POLLUTANT PARAMETERS.
(1) BIOLOGICAL OXYGEN DEMAND (BOD) OF SEWAGE, SEWAGE EFFLUENT, POLLUTED WATERS OR INDUSTRIAL WASTES. 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 20°C. The laboratory determinations shall be made in accordance with procedures set forth in the definition of Standard Methods below.
(2) CHEMICAL OXYGEN DEMAND (COD) OF SEWAGE, SEWAGE EFFLUENT, POLLUTED WATERS OR INDUSTRIAL WASTES. 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 the definition of Standard Methods below.
(3) FECAL COLIFORM. Any of a number of organisms common to the intestinal tract of humans 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 it 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 laboratory test procedures. GREASES AND OILS are defined by the method of their determination in accordance with the definition of Standard Methods below.
(6) GREASE AND OIL OF ANIMAL AND VEGETABLE ORIGIN. Substances that are less readily biodegradable in nature, such as those discharged by meatpacking, 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 that 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 (base ten) of the reciprocal of the hydrogen ion concentration of a solution, expressed in gram atoms per liter of solution, expressed in standard pH units.
(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. The quantitative determination of suspended solids shall be made in accordance with procedures set forth in the definition of Standard Methods below.
(10) TOTAL SOLIDS. The sum of suspended and dissolved solids.
(11) VOLATILE ORGANIC MATTER. The material in sewage solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes, and any other pollutant parameters (e.g. nitrites, nitrates, temperature, phenols, TKN, phosphates, color, pesticides, toxicity or odor), but not limited to those mentioned, as deemed appropriate by the city.
POLLUTION. An alteration of the quality of the waters of the state by waste to a degree which the Ohio EPA determines unreasonably affects such waters for beneficial uses or facilities which serve such beneficial uses, or the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW. Publicly owned treatment works and the sewers and conveyance appurtenances discharging thereto.
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.
PRETREATMENT REVIEW COMMITTEE (PRC). The City Manager or his or her designee, a City Council member, as appointed by the Commission President, the Xenia Economic Growth Corporation Executive Director, the Public Service Director and the Fire Chief, with the City Council member as the tie-breaking vote and chairing the PRC.
ppm. Parts per million by weight or milligrams per liter.
PREMISES or PROPERTY. Any parcel or lot and the buildings situated thereon.
PRIVATE. Property or facilities owned by individuals, corporations, and other organizations and not by city, state, or federal government.
PROPERLY SHREDDED GARBAGE. 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 particle greater than one-half inch in any dimension.
PUBLIC SERVICE DIRECTOR. The PUBLIC SERVICE DIRECTOR of the City of Xenia or his or her duly authorized agent and not the Director of the EPA, henceforth referred to as the Director.
PUBLIC SEWER. A sewer which is owned and controlled by a public authority.
RECEIVING STREAM. The watercourse, stream or body of water receiving the waters finally discharged from the POTW.
SANITARY OR DOMESTIC WASTEWATER (SEWAGE). A combination of water-carried wastes from residences, business buildings, institutions and commercial, industrial and manufacturing establishments, contributed by reason of human occupancy.
SANITARY SEWER. A sewer which carries wastewater and to which storm, surface and ground waters are not intentionally admitted.
SEDIMENT CONTROL PLAN. A plan required by an ordinance, rule, or regulation for controlling the movement of soils due to storm runoff created by construction activities. Reference Chapter 1226 of the Codified Ordinances.
SEGMENTED FACILITIES PLANNING AREA. A sub-area, or portion of the facilities planning area, generally associated with a specific drainage area.
SERVICE. The portion of the service lying between the mains and the service curb stop and includes the corporation stop, the goose neck and tap, the curb stop and the curb box and meter.
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 wastes as may be present.
SEWER. Any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source.
SEWER AND WATER CAPITAL IMPROVEMENTS. Improvements, facilities and/or equipment necessitated by land or land development, which is directly related to city sewer and water service and which has an estimated useful life of five years or longer. SEWER AND WATER CAPITAL IMPROVEMENT expenditures include amounts appropriated in connection with the planning, design, engineering and construction of sewer and water capital improvements; planning, legal, appraisal and other costs related to the acquisition of land; financing and development costs associated with sewer and water improvements; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to the provision of the SEWER AND WATER CAPITAL IMPROVEMENTS. Sewer and water extension cost recovery fees imposed due to the extension of eligible sewer and water capital improvements shall be set forth in greater detail in ordinances adopting specific sewer and water extension cost recovery fee schedules.
SEWER AND WATER DISTRICT OR SEWER AND WATER EXTENSION COST RECOVERY FEE DISTRICT. A defined geographic area or subarea within which sewer and water extension cost recovery fees are collected based on the estimated appropriation and expenditure of sewer and water capital improvement funds needed to provide sewer and water service to land within the identified district area.
SEWER AND WATER EXTENSION COST RECOVERY FEE. A fee or charge related to a sewer and water capital expenditure which is imposed on land within a defined district on a pro rata basis to defray the cost of the availability of sewer and water capital improvements and which is imposed as a condition of the approval of connection to the sewer and water improvement, the approval of a record plan which plats or replats land, or a request for a building permit.
SEWER AND WATER EXTENSION COST RECOVERY FEE DISTRICT MAPS. The map(s) defining the geographical extent of the sewer and water extension cost recovery fee districts and subdistricts for each adopted sewer and water extension cost recovery fee.
SEWER DISTRICT. Any of the sanitary sewer districts and their extension or extensions and/or any drainage area or areas, now existing or subsequently established by the City Council or by the Board of County Commissioners of Greene County, and covered by contract providing for city service to the area under contract.
SEWER SERVICE CONNECTION. The extension of a sewer lateral from a sewer main to a property owner installed and maintained cleanout located within the public right-of-way or easement.
SEWERAGE WORKS OR SYSTEM. All facilities for collecting, pumping, treating and disposing of wastewater, including industrial wastewater.
SHALL. Is mandatory.
SIGNIFICANT CONTRIBUTING INDUSTRY. An industrial user which contributes greater than ten percent of the design flow or design pollutant loading of the treatment works.
SIGNIFICANT INDUSTRIAL USER.
(1) Except as provided in subsection (2) below,
SIGNIFICANT INDUSTRIAL USER includes:
A. All industrial users subject to categorical pretreatment standards; and
B. 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 waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW’s treatment plants; or has a reasonable potential, in the opinion of the Director, to adversely affect the POTW’s operation or for violating any pretreatment standard or requirement.
(2) The Director may, at any time, on his or her 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.
SINGLE-FAMILY RESIDENTIAL PROPERTY. Property improved with and used as a single-family residence, including detached homes and condominium units.
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 §§ 402 and 405 of the Federal Act and in the applicable requirements under §§ 3001, 3004 and 4004 of the Solid Waste Disposal Act, Pub. L. No. 94-580, being 42 U.S.C. §§ 6901 et seq., or their successors.
SLUG. Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average 24 hour concentration or flows during normal operation, and which adversely affects the collection system and/or performance of the wastewater treatment facilities.
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.
STORM and STORMWATER. As used in this chapter are interchangeable terms.
STORM SEWER or STORM DRAIN. A sewer which carries stormwater, surface runoff, street wash waters, and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water; a sewer which carries storm and surface waters and drainage, but which excludes sanitary wastewater and industrial wastewater, other than unpolluted wastewater and cooling water.
STORMWATER MANAGEMENT CODE. Chapter 1049 of the Xenia Codified Ordinances.
STORMWATER SYSTEM. All man-made facilities, structures, and natural watercourses used for collecting and conducting stormwater to, through, and from drainage areas to the points of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees and pumping stations.
SUPERVISOR. The Administrator and chief operator of the water and wastewater treatment facilities of the City of Xenia or his or her designated representative.
SUSPENDED SOLIDS. Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, that is removable by laboratory filtering, as prescribed in Standard Methods, and that is referred to as nonfilterable residue.
TAP FEES. As referred to herein, is synonymous with water connection charges (see Chapter 1042) and universal connection charges (see Chapter 1046) and refers to the cost associated with obtaining a standard service connection to the water/sewer system and the additional demand upon the city’s sewer and water systems caused by new usage, based upon capacity calculated by estimated rate of flow and size of meter.
TOTAL SOLIDS or TOTAL RESIDUE. The sum of suspended and dissolved solids.
TOTAL SQUARE FOOTAGE OF SURFACE AREA OF LOT OR PARCEL OF REAL PROPERTY. For the purpose of calculating the impervious surface of a non-single-family residential lot or parcel of real property, shall mean the square footage of a lot or parcel measured or estimated by using the outside boundary dimensions in feet to obtain the total enclosed square footage, without regard for topographic features of the enclosed surface. The boundary dimensions in feet of the enclosed surface area may be established by any of the following methods:
(1) On-site or photogrammetric measurements of the apparent outside boundary dimensions of the lot or parcel of real property made by the city or on its behalf; or
(2) Computation of the area using dimensions of lot or parcel of real property and/or area measurements which are set forth and contained in the records of the office of the County Recorder or Auditor.
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 § 307 (a) of Pub. L. No. 92-500, being 33 U.S.C. § 1317(a), or its successor.
TOXIC POLLUTANT. Includes, but is not necessarily limited to, aldrin-dieldrin, benzidine, cadmium, cyanide, DDT-endrin, mercury, polychlorinated biphenyls (PCB’s) and toxaphene. Pollutants included as toxic shall be those promulgated as such by the United States Environmental Protection Agency; those substances referred to in § 307 (a) of the Act, being 33 U.S.C. § 1317(a), as well as any other known potential substances capable of producing toxic effects.
UNDEVELOPED LAND. A piece or parcel of land that is without any building, structure or improvement, or other impervious area, including but not limited to paved parking lots. It does not mean recreation, green or open space, including agricultural, created around private or municipal facilities or parcels connected thereto or contiguous with such facilities for such reason.
UNPOLLUTED WATER. Water of a quality equal to or better than the effluent criteria in effect, or water that would not cause a 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 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, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation thereof.
U.S. ENVIRONMENTAL PROTECTION AGENCY or STATE EPA. The U.S. Environmental Protection Agency or the Ohio Environmental Protection Agency, respectively, or, where appropriate, the terms may also be used as designations for the respective administrators or other duly authorized officials of such agencies.
USER. Any person or premises receiving wastewater treatment services; any person that discharges or causes or permits the discharge of wastewater into the POTW.
VOLATILE ORGANIC MATTER. The material in wastewater solids transformed to gases or vapors when heated at 550°C for 15 to 20 minutes.
WASTEWATER. The spent water of a community. From the standpoint of source, it 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 stormwater that may be present; industrial waste or sewage or any other waste, including that which may be combined with any ground water, surface water or stormwater, that may be discharged to the POTW.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS. The individual chemical, physical, bacteriological and radiological parameters of wastewater, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER TREATMENT PLANT. Any arrangement of devices and structures used for treating domestic and nondomestic wastewater.
WATER SERVICE CHARGES. All income received by the city from the operation of the water system, except connection charges.
WATER SERVICE CONNECTION. The extension of the service line from a water main to the customers’ side of the curb stop or meter well.
WATER WORKS or SYSTEM. All facilities for water supply, the filtration plant, the pumping plant, storage reservoirs, water lines and services, and booster stations, for obtaining, treating and distributing potable water.
WATERCOURSE or WATERWAY. A channel in which a flow of water occurs, either continuously or intermittently.
XSSD. The Xenia Storm Sewer District.
(1997 Code §§ 1042.01, 1044.02, 1044.10, 1046.02, 1048.02, 1048.09, 1049.02, 1050.03, 1052.03) (Ord. 63-10, passed 2-14-1963; Ord. 79-33, passed 6-14-1979; Ord. 82-14, passed 3-25-1982; Ord. 95-68, passed 11-9-1995; Ord. 98-81, passed 11-24-1998; Ord. 98-82, passed 11-24-1998; Ord. 04-39, passed 9-23-2004; Am. Ord. 10-42, passed 9-10-2010)