932.02 DEFINITIONS.
As used in this chapter, the following words shall have the following definitions:
(1) "Act" means the Clean Water Act (33 U.S.C.A. 1251 et seq. as amended).
(2) "Applicable pretreatment standard" means any pretreatment limit or prohibitive standard (federal, state and/or local) contained in these Regulations deemed to be the most restrictive which industrial users will be required to comply with. (Ord. 99-6. Passed 1-6- 99.)
(3) "Authorized representative of industrial user" means:
A. If the User is a corporation:
1. The president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision- making function 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 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 subsections (3)A, B, or C hereof, 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 District.
(Ord. 08-217. Passed 10-15-08.)
(4) "Average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during the calendar month divided by the number of daily discharges measured during the month.
(5) "Beneficial uses" means but is not limited to, domestic, municipal, agricultural and industrial use, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or preserves, and other uses, both tangible or intangible, as specified by state or federal law.
(6) "Categorical pretreatment standard" means the standards and/or other requirements promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C.A. 1251 et seq.) which applies to a specific category of industrial users specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the sewerage system by specific industrial discharges.
(7) "Composite sample" means a sample of wastewater which should contain a minimum of four 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 shall be required where the wastewater is highly variable.
(8) "Daily discharge" means discharge of a pollutant measured during a calendar day or any twenty-four hour period that reasonably represents the calendar day for purposes of sampling.
(9) "Deputy Director" means that person appointed to the position of Deputy Director for the Department of Public Works/City Engineer, for the City, or his/her assignee.
(10) "Discharge" means any liquid, solids or gas flowing out of any domestic, commercial or industrial establishment.
(11) "Discharger" means the same as "industrial user."
(12) "District" means the City of Youngstown, Ohio, and all other areas served via contract or agreement, express or implied, by the Waste Water Treatment Plant, Department of Public Works, of the City of Youngstown, Ohio, also generally refers to actions by the POTW.
(13) "Easement" means an acquired legal right to the specified use of land owned by others.
(14) "Effluent" means sewage, water or other liquid after some degree of treatment, flowing out of any treatment device or facility.
(15) RESERVED.
(16) "Garbage" means any solid waste from the preparation, cooking or dispensing of food and from handling, storage or sale of produce.
(17) "Ground garbage" means 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.
(18) "Grab sample" means 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.
(19) "Industrial user" means any industrial or commercial establishment, manufacturing or processing facility, college, university, institution of higher education, hospital or medical facility that discharges industrial wastes to a sewerage facility.
(20) "Industrial waste" means any liquids, solid or gaseous substance or form of energy, or combination thereof, resulting from or relating to any industrial, commercial, governmental, college, university, institution of higher education, hospital, medical facility or institutional activity resulting from manufacturing, business, trades, patient care, education or research, including the development, recovery or processing of natural resources.
(21) "Indirect discharge" means the discharge or the introduction of a nondomestic pollutant from a source regulated under Section 307(b) or (c) of the Act.
(22) "Influent" means water, together with any wastes which may be present, flowing into a drain, sewer, receptacle or outlet.
(23) "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other resources, 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 District's NPDES permit (including an increase in the magnitude or duration of a violation) or contributes to the prevention of sewage sludge use or disposal in accordance with the following statutory provisions and regulations permits issued thereunder (or more stringent state or local regulations): Section 05 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 plant prepared pursuant to Subtitle D of SWDA, the Clean Air Act, and the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act.
(24) "Laboratory determination" means the measurements, tests and analyses of the characteristics of waters and wastes in accordance with the provisions of 40 CFR Part 136-Guidelines Establishing Test Procedures for the Analyses of Pollutants. These methods are contained in the latest edition of these publications:
A. Standard Methods for Examination of Water and Wastewater, a joint publication of the American Public Health Association.
B. ASTM means the "Annual Book of Standards, Part 23, Water, Atmospheric Analyses, 1974", a publication of the American Society for Testing Materials.
C. EPA Methods means "Methods for Chemical Analyses of Water and Wastes", a publication of the U.S. Environmental Protection Agency; or in accordance with any other equivalent method prescribed by the Deputy Director.
(25) "Maximum daily discharge limitations" means the highest allowable daily discharge.
(26) "May" means a discretionary condition.
(27) "mg/l" means milligrams per liter.
(28) "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:
A. The building, structure, facility or installation is constructed at a site at which no other source is located; or
B. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
C. The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
(29) "NPDES permit" means the National Pollutant Discharge Elimination System permit which sets conditions for the discharge of any pollutant or combination of pollutants to the navigable waters of the United States pursuant to Section 402 of PL 92-500.
(30) "Pass through" means a discharge which exits the POTW into the 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.
(31) "Person" means any or all persons, natural or artificial, including any individual, firm, company, municipal or private corporation, partnership, co-partnership, 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 includes the plural and female as indicated by the context.
(32) "Pollution" means an alteration of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial uses of facilities which serve such beneficial uses; the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
(33) "Pollution parameters" include but are not limited to:
A. "Biological oxygen demand (BOD)" means the quantity of dissolved oxygen in milligrams per liter during stabilization of the decomposable organic matter by aerobic biochemical action under laboratory procedures for five days at twenty degrees Centigrade. The laboratory determination shall be made in accordance with procedures set forth in "Standard Methods".
B. "Chemical oxygen demand (COD)" means a measure of the oxygen equivalent of that portion of the organic material in a sample that is susceptible to oxidation by a strong chemical oxidant. The laboratory determination shall be in accordance with procedures set forth in "Standard Methods".
C. "Fecal coliform" means any of a number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.
D. "Floatable oil" means oil, fat or grease in a physical state, such that will separate by gravity from wastewater by treatment in an approved pretreatment facility.
E. "Grease and oil" means 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 volatized during the laboratory test procedures. Greases and oils are defined by the method of their determination in accordance with procedures set forth in "Standard Methods".
F. "Grease and oil of animal and vegetable origin" means substances that are more readily biodegradable in nature such as are discharged by meat packing, vegetable oil and fat companies, food processors, canneries and restaurants.
G. "Grease and oil of mineral origin" means substances that are less readily biodegradable than grease and oil of animal or vegetable origin, and are derived from a petroleum source. Such substances include machinery lubricating oils, gasoline station wastes, petroleum refining wastes and storage depot wastes.
H. "pH" means the logarithm (to the base 10) of the reciprocal of the hydrogen ion concentration of a solution expressed in gram atoms per liter of solution.
I. "Suspended solids" means 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. Quantitative determination shall be made in accordance with procedures set forth in "Standard Methods".
J. "Total solids" means the sum of suspended and dissolved solids.
K. "Volatile organic matter" means the material in the sewage solids that transforms to gases or vapors when heated at 550 degrees Centigrade for fifteen to twenty minutes.
(34) "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 to the public sewer system.
(35) "Pretreatment facility" means structures, devices or equipment for the purpose of removing deleterious waste from sewage generated from a premises prior to its discharge into the public sewer system.
(36) "Receiving stream" means the watercourse, stream or body of water receiving the waters finally discharged from the wastewater treatment plant.
(37) "POTW" means any and all sewage treatment works, and the sewers and conveyance appurtenances discharging thereto, owned and operated by the City; the generic meaning is publicly owned treatment works.
(38) "Sewage" means a combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, with such ground, surface, storm or other wastes as may be present.
(39) "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage or storm water from the generating source.
(40) "Shall" is mandatory; "may" is permissive.
(41) "Sludge" means any solid or semi-solid 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 the standards issued under Sections 402, 405 of the Federal Act and in the applicable requirements under Sections 3001, 3004 and 4004 of the Solid Waste Disposal Act PL-94-580.
(42) "Slugload" means any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a single extraordinary discharge episode of such volume or strength as to cause interference to the District's facilities.
(43) "Significant industrial user" means:
A. Except as provided in subsection (43)B. hereof, "significant industrial user" includes:
1. All industrial users subject to categorical pretreatment standards; and,
2. 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 (5%) 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 Director, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.
B. The Director may at any time, on its own initiative or in response to a petition received from an industrial user, determine that a noncategorical industrial user is not a significant industrial user if the industrial user has no reasonable potential to adversely affect the POTW's operation or for violating any pretreatment standard or requirement. (Ord. 92-206. Passed 4-29-92.)
(44) "Standard Industrial Classification (SIC)" means classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
(45) "System" means the sewerage system of the Youngstown Sewer District including all treatment and disposal facilities and interceptor sewers owned and operated by the District and all sewerage collection systems and all other appurtenances connected thereto.
(46) "Toxic substance" means any substance whether gaseous, liquid or solid, which when discharged to the system in sufficient quantities may tend to interfere with any sewage treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life or create a hazard to recreation in receiving waters of the effluent from the sewage treatment plant, or substances listed in the Federal Regulations promulgated pursuant to Section 307 of the Clean Water Act.
(47) "Unpolluted water" means water discharged in its original state or water discharged after use for any purpose, which is at least equal chemically, physically and biologically to the water from its original source, that is, potable water, groundwater, river and stream water.
(48) "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in the applicable pretreatment requirements 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.
(49) "User" means any person that discharges, causes or permits the discharge of wastewater into the sewerage system.
(50) "Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
(51) "Wastewater discharge permits" as used in these Regulations means the permit required by Section 932.13. (Ord. 99-6. Passed 1-6-99.)
(52) "Watercourse" means a channel in which a flow of water occurs either continuously or intermittently.
(53) “Batch discharge” means the controlled discharge of a discrete, intermittent, and contained volume of discharge.
(54) “Instantaneous limit” means the maximum allowable concentration of a pollutant determined from the analysis of any discrete or composite sample collected, independent of the flow rate and the duration of the sampling event.
(55) “Narrative limits” means limits other than numerical limits, also known as Best Management Practices (BMP’s), which include methods determined by the District to be the most effective, practical means of preventing or reducing pollution, including but not limited to: substitution of materials; reformulation or redesign of products; modification of equipment, facilities, technology, processes, and procedures; and improvement in management, inventory control, materials handling, or general operation of a facility. (Ord. 08 -217. Passed 10-15-08.)
REGULATIONS