§ 50.45. Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

" Act ." The Clean Water Act (33 U.S.C. § 1251 et seq.), as amended.

" Administrative order ." As a result of an administrative adjustment (§ 50.62(B)) the Service Director may issue an administrative order in the form of a compliance schedule or order setting forth conditions for the industrial discharger to achieve compliance with any provision of §§ 50.44 through 50.99 or rules of the city.

" Applicable pretreatment standard ." Any pretreatment limit or prohibitive standard (federal and/or local), deemed to be the most restrictive, with which nondomestic users are required to comply.

" Authority (city) ." The City of Akron.

" Authorized representative ."

1.

If the discharger is a corporation:

(a)

The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person as defined by 40 CFR 403.12, authorized to bind the corporation concerning sewer use and industrial pretreatment program issues; or

(b)

The manager of one or more manufacturing, production or operating facility, provided the manager:

(i)

Is authorized to make management decisions that govern the operation of the regulated facilities 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;

(ii)

Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit 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 is a partnership or proprietorship, respectively;

3.

Owner;

4.

A representative legally authorized to bind an individual concerning sewer use and industrial pretreatment program issues if the user is an individual.

" Background concentrations. " The domestic/background concentration found in wastewater from residential and commercial areas in addition to non-permitted industrial discharges. The background concentration of a pollutant is established by the city.

" Background pollutants ." Low strength compatible pollutants and low concentrations of water soluble oils, boiler water treatment chemicals, detergents, or algicides normally found in wastewater from exclusively commercial/residential area.

" Best management practices (BMP) ." With respect to the industrial pretreatment program, "best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in OAC 3745-3-04. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

With respect to sewer maintenance, "best management practices" means a method(s) used in the public right-of-way and on private property to eliminate and/or reduce:

1.

Sanitary sewer overflows and other impairments of the separate sanitary sewer's structural and design integrity through elimination of unpolluted water from the separate sanitary sewer system;

2.

Potential obstructions in the sanitary sewer system through the proper handling, capture and disposal of fats, oils, and grease by an FSE;

3.

Pollutant concentrations in combined sewer overflows during dry and wet weather events, and promote the general maintenance of the sewer system. These methods may include, but are not limited to: street cleaning, sewer cleaning, inspection, catch basin cleaning, correction of leaking manholes, correction of cracked or broken pipe, cleaning and repair of regulators and outfalls, spill protection/prevention, infiltration and inflow control, source control of pollutants, and pump station preventive maintenance.

" Biochemical oxygen demand (BOD) ." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius expressed in terms of weight and concentration. The oxygen demand measured is the sum of carbonaceous and nitrogenous demands. Laboratory procedures shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as defined in this section.

" Bypass ." The intentional diversion of wastestreams from any portion of the pretreatment treatment facility.

" Carbonaceous biochemical oxygen demand (CBOD) ." The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Celsius expressed in terms of weight and concentration. Interference from nitrogenous demand is prevented by an inhibitory chemical. Laboratory procedures shall be in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, as defined in this section.

" Categorical discharger ." An industrial discharger who is subject to national pretreatment standards.

" Chemical oxygen demand (COD) ." The amount of oxygen consumed from a chemical oxidant under standard laboratory procedures expressed in milligrams per liter.

" City ." The City of Akron.

" Combined sewer ." A sewer designed to receive and transport both sanitary sewage and storm water runoff.

" Combined sewer overflows (CSO) ." An overflow from a sewer designed to transport sanitary sewage and storm water runoff to a conduit designed only for storm water runoff or to an open body of water.

" Community " or " governmental entity ." A municipal corporation, county, village, township, or an entity organized as or by a governmental agency for the execution of a governmental program wholly or partly located within the service area of the city.

" Community compliance plan ." The general plan prepared by a community in response to its community discharge permit describing the means by which the community will achieve its established performance objectives.

" Community discharge permit ." A permit issued under this code and/or sewer use agreement stating the terms under which a community may discharge flow into a sewer owned by the city, either directly or through another community's sewer system, manage its combined sewer system and/or manage its separate sanitary sewer system that is tributary to the City's sewer system.

" Compatible pollutant ." The CBOD, BOD, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the City's NPDES permit if the treatment works was designed to treat the pollutants, and in fact does remove the pollutants to a substantial degree.

" Compliance schedule ." An established time-frame outlining the tasks required and completion dates to achieve compliance with an order, administrative order, National Categorical Standard, discharge permit, or with any provision of §§ 50.44 through 50.99 or rules of the city.

" Control of combined sewer overflows ." Elimination of dry weather overflows and reduction of wet weather CSOs.

" Control of separate sanitary sewer overflows ." Elimination of such overflow up to the specified design storm event.

" Discharger ." A source of discharge or treated or untreated wastewater to the POTW or the Municipal Storm Water System. A discharger is a person, community or governmental entity as defined in this chapter.

" Fats, oils and grease ." Any edible or mineral based oil and/or grease, edible fat, or non-edible petroleum in a physical state, whether in a product or waste form, such that it will separate by gravity from wastewater, including but not limited to a group of substances including hydrocarbons, fatty acids, soaps, waxes, or any other material that is extracted by a solvent from an acidified sample and that is not volatilized during the laboratory test procedures.

" Fecal coliform ." Any number of organisms common to the intestinal tract of man and animals, whose presence in sanitary sewage is an indicator of pollution.

" Food service establishment ("FSE") ." Any establishment or facility that maintains a kitchen or other facilities for food preparation.

" Garbage ." The residue from the preparation and dispensing of food, and from the handling, storage, and sale of produce.

" Grease trap ." A device used to trap fats, oils and grease in indoor installations in accordance with the Ohio Plumbing Code, Chapters 4101:3-1 to 4101:3-13 of the Ohio Administrative Code.

" Grease interceptor ." A device which comports with the requirements shown on the City of Akron standard construction drawings and which is used to intercept fats, oils and grease in outdoor and in-ground structures in accordance with Section 50.81 of this article.

" Industrial waste ." Any substance resulting from any process of industrial, commercial, governmental, and institutional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources other than those generating waste defined as normal domestic sewage herein.

" Infiltration ." The water entering a sewer system and service connections from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.

" Inflow ." The water discharged into a sanitary sewer system and service connections from sources which include, but are not limited to, roof leaders, foundation and other drains, cooling water discharges, cross connections from storm sewers and combined sewers, catch basins, manholes, and other similar sources of storm water. Inflow does not include, and is distinguished from, infiltration.

" Instantaneous limit ." 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.

" 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 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, 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.

" Law Director ." The Director of Law of the city or his authorized deputy, agent, or representative.

" Maintenance ." The action required to prevent dry weather overflows, reduce wet weather overflows, prevent failure of the sewerage system and preserve its original function.

" Major outfall ." A municipal separate storm sewer outfall that discharges from a pipe with a diameter of thirty-six inches or more or its equivalent (discharges from conveyances other than circular pipe which are associated with a drainage area of more than fifty acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a pipe with a diameter of twelve inches or more or from its equivalent (discharges from other than a circular pipe associated with a drainage area of two acres or more), or if in the opinion of the Service Director a particular outfall should be defined as a major outfall.

" May ." Is permissible.

" National categorical pretreatment standard " or " Pretreatment standard ." Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

" National pollutant discharge elimination system (NPDES) permit ." A permit issued by the State of Ohio EPA or United States EPA pursuant to the Act for the purpose of regulating the discharge of sewage, industrial wastes, and other wastes under the authority of Section 402 of the Act, into the navigable waters of the United States.

" New source ." Any building, structure, facility, or installation from which there is or may be a discharge or 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; or

2.

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

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.

" Nonsignificant industry ." Dischargers which have a wastewater discharge containing low strength compatible pollutants or domestic only wastes of a character normally found in background concentrations. Designation of nonsignificant industries shall be made only by the city.

" Order ." Verbal instructions, letter or compliance schedule issued by the Service Director setting forth conditions for the industrial discharger for the discharge of pollutants to the POTW.

" 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 violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). A discharger significantly contributes to a permit violation by:

1.

Discharging a daily pollutant loading above allowable limits prescribed by contract with the POTW, or by federal, state, or local law;

2.

Discharging wastewater that differs substantially in nature and constituents from the user's average discharge;

3.

Knowing or having reason to know that its discharge, alone or in combination with discharges from other sources, would result in a permit violation; or

4.

Knowing or having reason to know that the POTW is, for any reason, violating its final effluent limitations in its permit, and that the user's discharge, either alone or in combination with discharges from other sources, would increase the magnitude or duration of the POTW's violations.

" Performance objective ." A specific result to be achieved to meet the purpose of this code. Performance objectives shall include, but are not limited to, elimination, up to the specified storm event design, of sanitary sewer overflows, elimination of dry weather combined sewer overflows, reduction and control of wet weather combined sewer overflows, and control of peak flows at the point of connection to the city or other community sewers and control of combined sewer overflows.

" Person ." Any and all persons, natural or artificial, including any individual, firm, company, private corporation, partnership, copartnership, joint stock company, trust, association, institution, enterprise, or other legal entity, or their representatives, agents, or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

" pH ." The logarithm, base ten, of the reciprocal of the hydrogen-ion concentration expressed in moles per liter. It shall be determined by one of the procedures outlined in Standard Methods.

" Point of discharge " or " meter station ." Connection to a facility of the city or other community.

" Pollutant ." The dredged spoil, solid waste, incinerator residue, wastewater, garbage, wastewater sludge, munition, wrecked, or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, commercial, domestic, and agricultural waste discharged into water.

" Pollution ." An alteration of the quality of the waters of the state by waste to a degree which affects those waters for beneficial uses.

" POTW ." Publicly-owned treatment works, treatment works which are owned by the city, including the sewers, pumping stations, Water Pollution Control Station, and any related appurtenances.

" Premises ." Any piece of real estate having one or more sewers which may be connected either individually or through a common sewer and directly or indirectly to the wastewater disposal system.

" Pretreatment ." The process of reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties in wastewater prior to introducing such pollutants into the City's wastewater disposal system. The reduction, elimination, or alteration may be obtained by physical, chemical, or biological processes, process changes or other means, except as prohibited by this article.

" Pretreatment requirement ." Any substantive or procedural requirements related to pretreatment, other than a National Categorical Pretreatment Standard imposed on discharger.

" Rehabilitation ." The action required to restore the structural and design integrity of the sewer system or parts thereof, through methods which include, but are not limited to: BMP, sewer replacement, sewer relining, sewer sealing, pump station or force main replacement, and other means of reducing infiltration and/or inflow.

" Sanitary sewer ." Any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source including combined sewers.

" Separate sanitary sewer ." A sewer designed to receive and transport sanitary sewage.

" Separate sanitary sewer overflow (SSO) ." Sanitary flow which escapes from the separate sanitary sewer to storm sewers, combined sewers, watercourses, or ground surface.

" Separate storm sewer system " or " municipal separate storm sewer system ." Any point source or conveyance including roads with drainage systems that (a) is owned or operated by the City of Akron, (b) is designed solely for collecting or conveying storm water and (c) includes the storm water portion of the combined sewer system.

" Service Director ." The Director of Public Service of the city, or his authorized deputy, agent, or representative.

" Sewer ." Any pipe, conduit, ditch, or other device used to collect and/or transport sewage.

" Shall ." Is mandatory.

" Significant industrial user (SIU) ." A person, governmental entity or discharger who discharges to the POTW liquid, solid, or gaseous wastes resulting from the processes employed in industrial or manufacturing activities, or from the development, recovering, or processing of any natural resource. SIU includes the following:

1.

All dischargers subject to categorical pretreatment standards; and

2.

Any other discharger that:

a.

Discharges an average of twenty-five thousand gallons per day or more of process wastewaters to the POTW;

b.

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

c.

Has a reasonable potential, in the opinion of the Service Director, to adversely affect the POTW's operation or for violating any pretreatment standard or requirement.

" Sludge ." Any solid, semi-solid, or liquid waste generated by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other waste having similar characteristics and effects as defined in standards issued under Section 402, 405 of the Act and in the applicable requirements under Sections 3001, 3004, and 4004 of the Solid Waste Disposal Act (PL 94-580).

" Slugload " or " slug discharge ." Any discharge at a flow rate or concentration, which can cause a violation of the prohibited discharged standards in Section 50.46 of this ordinance. A slug discharge is a discharge of water or pollutant, including oxygen demanding pollutants of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or wastewater permit conditions.

" Standard industrial classification ." System classifying industries pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987, assigning a code (SIC Code) denoting the manufacturing process.

" Standard methods ." The laboratory procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

" Storm water ." Storm water runoff, snow melt runoff, surface runoff, and drainage.

" Suspended solids ." Solids that either float on the surface of, or are in suspension or will settle in water, sewage, or industrial waste, and which are removable by a laboratory filtration device. Quantitative determination of suspended solids, shall be made in accordance with procedures set forth in Standard Methods.

" Upset ." An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in the wastewater discharge permit 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 preventive maintenance, or careless or improper operation thereof.

" Wastewater discharge permit (industrial user permit) ." A formal permit to discharge industrial waste into any sewer or the sewerage system, as issued by the city or other government authorized by the State of Ohio or United States E.P.A. to issue those permits. As specified more particularly in this chapter, the Service Director may issue either an individual wastewater discharge permit or a general wastewater discharge permit.

" Water pollution control station (WPCS) ." The publicly owned wastewater treatment works owned, maintained, and operated by the city and any future improvement and expansions thereto.

(Ord. 677-1994; Ord. 443-1994; Ord. 173-1991; Ord. 546-1985)

(Ord. 412-2012)