Unless the context specifically indicates otherwise, the following terms, as used in this Chapter, shall have the meanings hereinafter designated:
(a) The Act. The Federal Water Pollution Control Act, also known as the "Clean Water Act," and any amendments thereto (33 USC 1251 et seq.).
(b) Approval Authority. The State of Ohio Environmental Protection Agency (Ohio EPA).
(c) 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 operation facilities, provided that the manager:
(i) 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 regulations;
(ii) 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
(iii) Is assigned or delegated the authority to sign documents in accordance with corporate procedures.
(2) A general partner or proprietor, if the industrial user submitting the report is a partnership or sole proprietorship, respectively.
(3) A member or manager if the industrial user submitting the report is a limited liability company.
(4) A duly authorized representative of the individual designated in division (c)(1), (c)(2) or (c)(3) of this section, if:
A. The authorization is made in writing by the individual described in division (c)(1), (c)(2) or (c)(3) of this section;
B. The authorization specifies 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
C. The written authorization is submitted to the control authority.
(5) If an authorization under division (c)(4) of this section 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 division (c)(4) of this section shall be submitted to the control authority prior to, or together with, any reports to be signed by an authorized representative.
(d) Best Management Practices (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in OAC Section 3745-3-04. BMPs also include treatment requirements, operating procedures, and practices to control plant site-runoff, spillage or leaks, sludge, or waste disposal and/or drainage from raw materials storage.
(e) Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C), expressed in terms of concentration by weight per unit volume.
(f) Bypass. The intentional diversion of wastes from any portion of a treatment or pretreatment facility.
(g) Categorical Industrial User. An industrial user subject to a categorical pretreatment standard or categorical standard.
(h) Categorical Pretreatment Standards. Any standard, including national categorical pretreatment standards, specifying quantities of concentrations of pollutants or pollutant properties that may be discharged to a XWWTP by a new or existing industrial user in specific industrial categories.
(i) CFR. The Code of Federal Regulations, and any amendments thereto.
(j) Chemical Oxygen Demand (COD). A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
(k) City. The City of Xenia, Ohio.
(l) Composite Sample. A sample that is collected over time, formed either by time-continuous sampling or by mixing discrete samples.
(1) The sample may be composited as 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
(2) The same may be composited as a 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.
(m) Control Authority. The City of Xenia, Ohio.
(n) Cooling Water.
(1) Uncontaminated or Non-Contact Cooling Water: Water used for cooling purposes only that has no direct contact with any raw material, intermediate product or final product and that does not contain a level of contaminants detectably higher than that of the intake water.
(2) Contaminated or Contact Cooling Water: Water used for cooling purposes only that may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides or by direct contact with process materials and/or wastewater.
(o) Daily Maximum. 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.
(p) Director. The Public Service Director of the City of Xenia and/or his designee.
(q) Domestic Wastewater. The liquid wastes resulting from the noncommercial preparation, cooking and handling of food, or liquid wastes containing human excrement and/or similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
(r) EPA.
(1) USEPA means the United States Environmental Protection Agency; and
(2) OEPA means the State of Ohio Environmental Protection Agency.
(s) Grab Sample. An individual sample collected in less than fifteen (15) minutes, without regard for flow or time.
(t) Indirect Discharge. The introduction of pollutants into the XWWTP from any nondomestic source.
(u) Industrial User. An institution, or a manufacturing, commercial or industrial facility, or any other trade or business establishment discharging non-domestic wastewater to the XWWTP.
(v) Industrial Wastewater. Any water that, during manufacturing or processing, comes into direct contact with, or results from, the production or use of any raw material, intermediate product, finished product, by-product or waste product.
(w) Interference. A discharge that, along or in conjunction with a discharge or discharges from other courses, inhibits or disrupts the XWWTP, its treatment processes or operations or its sludge processes use or disposal; or a discharge that is a cause of a violation of any requirement of the XWWTP's NPDES permit, including an increase in the magnitude or duration of a violation or of the prevention of sewage sludge use or disposal.
(x) Local Limits. The specific discharge limits developed and enforced by the control authority upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
(y) Mid-Tier Categorical User. A significant industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, who the control authority determines is subject to a reduction in the user's reporting requirement and the control authority's monitoring and inspection requirements, upon satisfaction of the following conditions:
(1) The industrial user's total categorical wastewater flow does not exceed any of the following:
A. One percent (1.0%) of the design dry-weather hydraulic capacity of the XWWTP, or five thousand gallons (5000 gal.) per day, whichever is smaller, as measured by a continuous-effluent-flow monitoring device unless the industrial user discharges in batches;
B. One percent (0.01%) of the design dry-weather organic treatment capacity of the XWWTP; or
C. One percent (0.01%) of the maximum allowable headworks-loading for any pollutant regulated by the applicable categorical pretreatment standards for which approved local limits were developed by the XWWTP;
(2) The industrial user has not been in significant noncompliance, as defined in this Chapter, for any time in the past two (2) years; and
(3) The industrial user does not have daily flow rates, production levels or pollutant levels which vary so significantly that decreasing the reporting requirement would result in data that is not representative of conditions occurring during the reporting period.
(z) Monthly Average. The arithmetic mean of all daily discharges during a calendar month.
(aa) National Categorical Pretreatment Standard. A categorical pretreatment standard promulgated by the USEPA Administrator, in accordance with Section 307 of the Act, and established under 40 CFR Chapter I, Subchapter N.
(bb) National Pollutant Discharge Elimination System (NPDES). The program for issuing, conditioning, and denying permits for the discharge of pollutants, under the authority of Section 402 of the Act, into navigable waters of the United States.
(cc) National Pretreatment Standard. Any regulation of the USEPA containing pollutant discharge limits promulgated by the USEPA Administrator, in accordance with Sections 307(b) and (c) of the Act, that applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
(dd) NPDES Permit. A permit issued to the XWWTP, as a POTW, pursuant to Section 402 of the Act.
(ee) New Source. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which began after the publication of proposed pretreatment standards under Section 307 (c) of the Act that will be applicable to such source, if such standards are thereafter promulgated in accordance with that section; provided, however, that one of the following three conditions are met:
(1) The construction occurs at a new site;
(2) The construction on an existing site totally replaces the process or production equipment causing the discharge; or
(3) The construction is substantially independent of an existing source at the same site.
New source dischargers are required to install and start up technology prior to discharging to the XWWTP and to achieve compliance within the shortest time feasible, not to exceed ninety (90) days after commencement of discharge.
(ff) Nonsignificant Categorical Industrial User. An industrial user subject to 40 CFR Chapter I, Subchapter N, who the control authority determines is a nonsignificant categorical industrial user rather than a significant industrial user, upon finding that the industrial user does not discharge more than one hundred gallons (100 gal.) per day of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater) and if the following conditions are met:
(1) The industrial user has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) The user submits an annual certification statement required in OAC Section 3745-3-06(J) together with any additional information necessary to support the certification statement; and
(3) The user never discharges any untreated concentrated wastewater.
(gg) OAC. The Ohio Administrative Code, and any amendments thereto.
(hh) ORC. The Ohio Revised Code, and any amendments thereto.
(ii) Pass-Through. A discharge which exits the XWWTP 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 XWWTP's NPDES permit, including an increase in the magnitude or duration of a violation.
(jj) pH. The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution that is used as an expression of the acid or alkaline base condition of a liquid measured on a scale from zero to fourteen (0 to 14), where zero (0) is most acidic, fourteen (14) is most alkaline, and seven (7) is neutral.
(kk) Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging such wastewater into the XWWTP.
(ll) Pretreatment Requirement. Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on industrial users of the XWWTP.
(mm) Pretreatment Standards. Include prohibited discharge standards, categorical pretreatment standards and/or local limits.
(nn) Prohibitive Discharge Standards. The prohibitive discharge limits established pursuant to 40 CFR 403.5 and contained in Section 1016.04
of this Chapter.
(oo) Process Wastewater. Has the same meaning as industrial wastewater (see division (v), above).
(pp) Significant Industrial User (SIU).
(1) All industrial users subject to categorical pretreatment standards; or
(2) An industrial user that discharges an average of twenty-five thousand gallons (25,000 gal.) per day or more of process wastewater to the XWWTP; or contributes a process waste stream which makes up five percent (5%) or more of the average dry-weather hydraulic or organic capacity of the XWWTP; or has a reasonable potential, in the opinion of the Director, to adversely affect the XWWTP's operation or for violating any pretreatment standard or requirement, except that the Director may, at any time, on his own initiative or in response to a petition received from an industrial user, determine that such user should not be considered.
(qq) Significant Non-Compliance. A violation by a significant industrial user that meets one (1) or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six (6) month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits;
(2) Technical review criteria (TRC) violations, defined here are those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC:
TRC = 1.4 for BOD, TSS, fats, oil and grease
TRC = 1.2 for all other pollutants except for pH;
(3) Any other violation of a pretreatment standard or requirement, as defined by OAC 3745-03-01, that the control authority determines has caused, alone or in conjunction with other discharges, interference or pass-through, including endangering the health of XWWTP personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or that has resulted in the XWWTP's exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within forty-five (45) 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;
(7) Failure to accurately report non-compliance; or
(8) Any other violation or group of violations, which may include a violation of BMPs, that the Director determines will adversely affect the operation or implementation of the local pretreatment program.
(rr) Slugload/Slug Discharge. Any discharge at a flow rate and/or pollutant concentration which could cause a violation of the prohibited discharge standards in Section 1016.04 of this Chapter. A slug discharge is any discharge of a non-routine, episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge which has a reasonable potential to cause interference or pass-through, or in any other way violate the XWWTP's regulations, local limits or permit conditions.
(ss) Surcharge. The assessment, in addition to other applicable charges, which is levied on those persons and/or industrial users whose wastewater is greater in strength than normal domestic sewage.
(tt) Suspended Solids.
(1) Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by laboratory filtering; and/or
(2) The quantity of material removed from wastewater in a laboratory test, as prescribed in 40 CFR Part 136.
(uu) USC. The United States Code, and any amendments thereto.
(vv) User or Person. Any individual, firm, company, partnership, corporation, association, group or society, including the State of Ohio and its agencies, districts, commissions and political subdivisions.
(ww) Xenia Wastewater Treatment Plant (XWWTP). One or more publicly owned treatment works (POTW), as defined by Section 212 of the Act, which is owned, leased or contracted to operate by the City. 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 publicly owned treatment plant, and further includes the City's jurisdiction over the discharges to and the discharges from the XWWTP.
(Ord. 2020-20. Adopted 08/27/20; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)