CODIFIED ORDINANCES OF MARYSVILLE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE

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1 CODIFIED ORDINANCES OF MARYSVILLE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE TITLE ONE - Streets and Sidewalks Chap Definitions. Chap Comprehensive Rights of Way. Chap Sidewalks. TITLE THREE - Public Utilities Chap Wastewater System Rules and Regulations. Chap Wastewater Rates. Chap Water System Rules and Regulations. Chap Water Rates. Chap Utility Claims Board of Appeals. Chap Stormwater Management. Chap Erosion and Sediment Control. Chap Illicit Discharge and Connection. TITLE FIVE - Public Services Chap Cemetery. Chap Garbage and Recycling. Chap Parks.

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3 3 CODIFIED ORDINANCES OF MARYSVILLE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE TITLE ONE - Streets and Sidewalks Chap Definitions. Chap Comprehensive Rights of Way. Chap Sidewalks. CHAPTER 900 Definitions Definitions. CROSS REFERENCES General Code definitions - see ADM These definitions are used for Chapters 901 through Chapter 945: DEFINITIONS. (a) Interpretation of Words or Terms. For the purposes of this Part Nine, certain terms or words used herein shall be interpreted as follows: (1) "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. (2) The present tense shall include the future tense, the singular number includes the plural, and the plural number includes the singular, and words of any gender shall include all genders. (3) The word "shall" is a mandatory requirement; "may" is a permissive requirement; and the word "should" is a preferred requirement. (4) The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied" Replacement

4 STREETS, UTILITIES AND PUBLIC SERVICES CODE 4 (b) Specific Definitions. The word "lot" includes the words "plot" and "parcel". (1) "Adjacent buildings" means a group of two or more buildings on the same lot or parcel of land not separated by any street, avenue, thoroughfare, alley or other public right of way, except where the customer owns and/or leases a lot or parcel of land on both sides of a street, avenue, thoroughfare, alley or public right of way which lots or parcels of land otherwise would be contiguous, such buildings thereon shall be considered adjacent. (2) "Affiliate" means each Person who falls into one or more of the following categories: (a) each Person having, directly or indirectly, a controlling interest in a Provider, (b) each Person in which a Provider has, directly or indirectly a controlling interest, (c) each officer, director, general partner, limited partner or shareholder holding an interest of fifteen percent (15%) or more, joint venturer or joint venture partner, of a Provider, and (d) each Person, directly or indirectly, controlling, controlled by, or under common control with the Provider; provided that Affiliate shall in no event mean any limited partner or shareholder holding an interest of less than fifteen percent (15%) of such Provider, or any creditor of such Provider solely by virtue of its status as a creditor and which is not otherwise an Affiliate by reason of owning a controlling interest in, being owned by, or being under common ownership, common management, or common control with, such Provider. (3) "ASTM" means the American Society for Testing and Materials. (4) "Applicant" means a person owning the property on which service is being requested or any Person who seeks to obtain a Certificate of Registration and/or a Permit. (5) "Application" means a form which shall be completed by a person requesting installation of a customer service line or to obtain Certificate of Registration and/or a Permit. (6) "Application Fee" means the fee paid to the City for application for a Certificate of Registration pursuant to C.O (A). (7) "Backwater Valve" means a device installed and maintained by the property owner to protect the private property from sewage backups due to surcharged sewers. (8) "Bankruptcy Code" means the United States Bankruptcy Code of 1978, as amended including regulations promulgated by Title 11 of the United States Code. (9) "Best Effort(s)" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable Laws, regulations, safety, engineering and operational codes, available technology, human resources, and cost. (10) "Best Management Practices (BMPs)" means the schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into stormwater, receiving waters, or stormwater conveyance systems (as listed in OAC ). BMP's also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

5 5 Definitions (11) "BOD" (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, expressed in milligrams per liter as prescribed in 40 CFR, Part 136. (12) "Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other plumbing pipes inside the walls of a building and conveys it to the owner service lateral beginning three feet outside the building wall. (13) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility. (14) "Cable Franchise" means the same as "franchise" in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C (15) "Cable Operator" means the same as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C (16) "Cable Service" means the same as in the Cable Communications Policy Act of 1984, 98 Stat. 2779, 47 U.S.C (17) "Capacity Fee" means the utility connection fee charged to the owner/developer at the time of connection based on water meter size (see Section Wastewater Rates and Section Water Rates). These fee shall go towards the facilities such as Water Treatment Plant, Water Reclamation Facility and all other related infrastructure. (18) "Clearing" means any activity that removes vegetative cover. (19) "Certificate of Registration" means the document issued to each Provider and its unique System to occupy the Rights of Way within the City that outlines the terms of that occupancy of the Rights of Way. (20) "City" means the City of Marysville, Ohio, acting through its duly authorized officials and employees. (21) "City Code (or C.O.)" means the Codified Ordinances of Marysville, Ohio. (22) "City Water Service Line" means the portion of the water service from the water main to the curb box (23) "Clean Water Act" means the Federal Water Pollution Control Act, as amended, 33 U.S.C et seq. (24) "Combined service" or "common service" means a service line intended, in whole or in part, to provide water and/or wastewater service to more than one building or structure and which may be owned by more than one person. (25) "Commercial occupant" means all persons, firms or corporations who own or operate stores, restaurants, industries, institutions and other similar places, public or private, charitable or non-charitable, and includes all responsible persons other than householders, upon the premises of which garbage or other refuse, or both, is or are created. (26) "Commercial user" means any user of the wastewater system, not specifically categorized as residential or industrial, and generally classified in the Standard Industrial Classification (SIC) Manual in Division F - Wholesale Trade; Division G - Retail Trade; Division H - Finance, Insurance and Real Estate; portions of Division I - Services; and Division J - Public Administration.

6 STREETS, UTILITIES AND PUBLIC SERVICES CODE 6 (27) "Compatible pollutants" means pollutants which the Water Reclamation Facility was designed to treat, which are BOD, SS, phosphorus, ammonia (NH3) 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 if fact does remove such pollutants to a substantial degree. (28) "Confidential/Proprietary Information" means all information that has been either identified or clearly marked as confidential/proprietary by the Provider prior to any submission. Upon receipt of such clearly marked Confidential/Proprietary Information from a Provider, the City shall endeavor, in accordance with the requirements of ORC Chapter 149 (the Ohio Public Records Act), to use all the same reasonable measures and exercise the same degree of care that the City uses to protect its own information of such a nature from disclosure to third parties. In the event that the City receives a request from a third party for disclosure of information a Provider has clearly marked as Confidential/Proprietary Information, then the City shall respond as required by ORC Chapter 149, but will attempt to use all reasonable means to notify the Provider as soon as possible. (29) "Construct" means, but not be limited to, digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs or installing Facilities, other than landscaping, ornamental plantings in, on, above, within, over, below, under or through any part of the Rights of Way. Construct shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is any part of the Right of Way. (30) "Construction" means, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, installing wires, installing conduit, installing pipes, installing transmission lines, installing poles, installing signs or installing Facilities, other than landscaping, ornamental plantings in, on, above, within, over, below, under or through any part of the Rights of Way. Construction shall also include the act of opening and/or cutting into the surface of any paved or improved surface that is part of the Right of Way. This shall also include activities subject to NPDES Construction Permits that result in land disturbance of one acre or more (31) "Construction Bond" means a bond posted to ensure proper and complete Construction and/or repair of a Facility and the affected Rights of Way pursuant to a Permit. (32) "Construction and Major Maintenance Plan" means a written plan including maps of the expected location, design, other related equipment and Facilities of a Provider which describes in full the Construction intended to be accomplished by the Provider in the Rights of Way over the next calendar year. (33) "Construction Activity Permit" means the Permit specified in C.O et seq. which must be obtained before a Person may Construct in, locate in, occupy, maintain, move or remove Facilities from, in or on the Rights of Way.

7 7 Definitions (34) "Cost" means the expenditure by the City for labor, materials, engineering, supervision, vehicles, tools and equipment, and any other expenditures incidental thereto to the extent that any or all of such items are directly assignable to the particular situation involved, except when modified by the word "estimated", in which case it shall be the estimated expenditure for such item. (35) "Consumption" means the amount of water passing through the customer's meter (or for billing purposes, estimated to have passed through such meter). (36) "County" means Union County, Ohio. County specifically excludes any and all contractors, agents or other Persons acting on behalf of said County. (37) "Credible" means worthy of being believed. (38) "Current Rate" means the "on-time" rates established by the City Code (Section Wastewater Rates and Section Water Rates). (39) "Customer" means a person who has contracted for utility service to one's premises. (40) Customer Equivalent means the proposed water meter capacity when compared to the capacity of a standard single-family water meter (5/8") (41) "Customer Service Line" means the portion of water service line that is the sole responsibility of the property owner, typically located between the curb box to the water meter (42) "Debt service" means the funds used for the retirement of and interest on bonds and/or notes authorized and issued by the City to construct utility system facilities. (43) "Detention Facility" A facility, by means of a single control point, which provides temporary storage of stormwater runoff in ponds, parking lots, depressed areas, rooftops, buried underground vaults or tanks, etc., for future release, and is used to delay and attenuate flow. (44) "Developer" A person, firm or corporation that presumes to excavate or fill, build structures or otherwise improve a specific parcel or tract of land. (45) "Discharger" is used interchangeably with "user" and means those premises connected or required to be connected to the public sewer. A "discharger" where the context requires, means "person" (46) "Domestic sewage" means sewage derived principally from dwellings, business buildings, institutions and the like, which sewage originated within the building, and includes the waste from kitchens, water closets, lavatories, bathrooms, showers and laundries. (47) "Drainage Facilities" means various drainage works that may include pipes, manholes, energy dissipation structures, channels, outlets, retention/detention basins and other structure components. (48) "Dwelling, Multi-family" means a residential structure that contains two or more units and is typically not attached to the accompanying real property. (49) "Dwelling, Single Family" means a residential structure that contains one unit and is attached to real property. (50) "Easement" means an acquired legal right for the specific use of land owned by others. These rights include the ability for the City to enter upon the dedicated easement area to perform all tasks necessary for the purpose of constructing, operating, maintaining, inspecting, repairing, renewing, removing and replacing said public utilities (including drainageways) and appurtenances.

8 STREETS, UTILITIES AND PUBLIC SERVICES CODE 8 (51) "Emergency" means a condition that poses a clear and immediate danger to life or health, or of a significant loss of property. (52) "Erosion and Sediment Control Plan" A set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. (53) "Exclusive Service Area" means the area located within Union County that the City has been designated as the water and wastewater service provider. This area is delineated as Area "E" within "Exhibit 4" of the "Second Amendment to and Amended and Restated Article Two of the Asset Purchase Agreement dated December 19, 2005" (i.e. City and County Utility Purchase Agreement) (54) "Facility(ies)" means any tangible thing located in any Rights of Way within the City; but shall not include boulevard plantings, ornamental plantings or gardens planted or maintained in the Rights of Way between a Person's property and the street edge of pavement. (55) "FCC" means the Federal Communications Commission, or any successor thereto. (56) "FERC" means the Federal Energy Regulatory Commission as created and amended in accordance with the Federal Power Act, 16 U.S.C. 792, or its statutory successor. (57) "Fire protection service": A. "Private fire protection service" means all fire protection service furnished by the City at the customer's request, other than public fire protection service. Private fire protection service includes, but is not necessarily limited to, water service to a customer's fire protection facilities such as sprinkler system and/or fire hose connections in buildings and structures and fire hydrants other than those which qualify as public fire hydrants within the definition of public fire protection service. B. "Public fire protection service" means water service to fire hydrants which are operated and maintained by the City. (58) "Floatable oil" means oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and does not interfere with the collection system. (59) "FOG" means Fats, Oils and Grease or any substance with similar physical characteristics that are detectable on the basis of their common solubility to an organic solvent (60) "Foundation drains" means subsurface drains laid around the foundation of a building, either within or outside the building foundation, for the purpose of carrying ground or subsurface water to some point of disposal. (61) "Full" means unable to accommodate any additional Facilities as determined by the City following a reasonable analysis taking into consideration all applicable Law; commonly accepted industry standards; and routine engineering practices.

9 9 Definitions (62) "Garbage" means all putrescible wastes, except human excreta, sewage and other water-carried wastes, including vegetable and animal offal and carcasses of dead animals, and wastes including glass, crockery, tin cans and other containers from the preparation, cooking and serving of food, and shall include all such substances from all public and private establishments and from all residences. (63) "Governmental user" means any Federal, State, County, City, Village or political subdivision thereof. (64) "Grading" means the excavation or placement of fill material to achieve plan design. (65) Grass Waterway means a natural or constructed watercourse or outlet that is shaped or graded, and planted with suitable vegetation for the purpose of dispersing runoff without causing erosion. (66) "Growth Area" means the area located within Union County that has been targeted with the ability to annex to the City, when contiguous to the corporation limits. This area is delineated as Area "F" within Exhibit 4 of the "Second Amendment to and Amended and Restated Article Two of the Asset Purchase Agreement dated December 19, 2005" (i.e. City and County Utility Purchase Agreement) (67) "Hazardous Materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (68) "Householder" means the head of a family or one maintaining separate living quarters and includes owners, tenants and occupants of all premises where garbage or other refuse, or both, is or are created. Nothing herein shall be construed to apply to commercial occupants. (69) "Illegal Discharge" means any direct or indirect non-stormwater discharge to the storm drain system. (70) "Illicit Connections" is defined as either of the following: A. Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non-stormwater discharge including wastewater, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. (71) "Impervious Surface" means surfaces on or in a lot or parcel of real property which reduce the rate of infiltration of stormwater into the earth (i.e. pavement, sidewalks, rooftops, etc.). (72) "In" when used in conjunction with Rights of Way, means in, on, above, within, over, below, under or through a Rights of Way.

10 STREETS, UTILITIES AND PUBLIC SERVICES CODE 10 (73) "Industrial user" means any non-governmental user of the publicly owned treatment works identified in the SIC Manual of the U.S. Office of Management and Budget, as amended and supplemented, under the following divisions: Division A - Agriculture, Forestry and Fishing; Division B - Mining; Division D - Manufacturing; Division E - Transportation, Communication, Electric, Gas and Sanitary Service; and Division I - Services. A user in a division listed may be excluded if it is determined that it will introduce primarily segregated domestic waste or wastes from sanitary conveniences. (74) "Industrial waste" means the liquid- and water-carried wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes. (75) "Inspector" means any Person authorized by the City to carry out inspections related to the provisions of Chapter 901. (76) "Institutional user" means any hospital, school, nursing home or similar facility. (77) "Interference" means the inhibition or disruption of the publicly owned treatment work's (POTW) wastewater system, water distribution system, treatment processes or operations which may contribute to a violation of any requirement of its NPDES permit or the discontinuance, temporary or otherwise, of service to a customer, or which may contribute to a violation of any requirement of the public water systems permits. (78) "Law" means any local, state and/or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff or other requirement in effect either at the time of execution of Chapter 901 or at any time during the location of, and/or while a Provider's Facilities are located in the public Rights of Way. (79) "May" is permissive; "shall" is mandatory. (80) "Mayor" means the duly elected Mayor of The City of Marysville, Ohio. (81) "Minor Maintenance Permit" means a Permit, which must be obtained before a Person can perform minor maintenance, as set forth in C.O , in or on the Rights of Way. (82) "Municipal Separate Storm Sewer System (MS4)" means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm sewer) owned and operated by the City of Marysville and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. (83) "National categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Federal Water Pollution Control Act (33 USC 1347), which regulation applies to a specific category of industrial users. (84) "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means the permit issued by EPA (or by a State under authority delegated pursuant to 33 USC 1342b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

11 11 Definitions (85) "Natural outlet" means outlets, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water. (86) "New source" means any building, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of the proposed pretreatment standards under Section 307(c) of the Clean Water 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; 1. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs A. or B. hereof; 2. Construction of a new source as defined under this paragraph has commenced if the owner or operator has: 3. Begun or caused to begin as part of a continuous on-site construction program: 4. Any placement, assembly or installation of facilities or equipment; or 5. Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or 6. Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. (87) "Non-Stormwater Discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. (88) "Non-Wastewater flow" means stormwater originating from downspouts, storm sewer, ground water drain tiles and foundation drains. (89) "Normal sewage" means sewage which, when analyzed, shows by weight a daily average of not more than 250 parts per million of suspended solids and not more than 200 parts per million of BOD. (90) "OEPA" means the Ohio Environmental Protection Agency (91) "OMUTCD" means the Ohio Manual of Uniform Traffic Control Devices which is the uniform system of traffic control devices promulgated by the Ohio Department of Transportation pursuant to O.R.C (92) "O.R.C" means the Revised Code of the State of Ohio. (93) "Ohio Utility Protection Service (OUPS)" means the utility protection service as defined in O.R.C and/or or a statutory successor thereto.

12 STREETS, UTILITIES AND PUBLIC SERVICES CODE 12 (94) "Open Video Service" means any video programming Services provided to any Person through the use of Rights of Way, which Person is certified by the FCC to operate an Open Video System pursuant to 651 et seq. of the Telecommunications Act of 1996 (codified at 47 U.S.C. Title VI, Part V), regardless of the facilities used. (95) "Operation and maintenance costs" means the costs incurred in the act of keeping all facilities for collecting, distributing, pumping, treating and disposing of wastewater and / or water in a good state of repair and functioning properly, including the replacement of such facilities when necessary. (96) "Operator of Record" as designated by the Ohio EPA whose primary responsibility is to provide oversight of the technical operation of the treatment works and wastewater collection / water distribution system in accordance with the Ohio Administrative Code. (97) "Other refuse" means ashes, glass, crockery and tin cans not used as containers in the preparation, cooking and serving of food, and paper, boxes, rags and old clothing and all similar non-putrescible wastes. This term shall not include any material such as earth, sand, brick, stone, plaster or other similar substances that may be accumulated as a result of construction operations. (98) "Owner" means to have control over or possess as property. (99) "Owner Service Lateral" means the private extension from the building plumbing to the public sewer or other place of disposal. (100) "Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) (101) "ph" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (102) "Permit" means a Construction Permit or a Minor Maintenance Permit, as the context requires. (103) "Permit Cost" means all direct, incidental and indirect costs actually incurred or realized by the City for Permit issuance, Permit oversight and pavement degradation resulting from Construction activity. (104) "Permit Fee" means money paid to the City for a Permit to Construct in the Rights of Way as required by Chapter 901. (105) "Permittee" means any Person to whom a Construction Permit and/or, Minor Maintenance Permit has been granted by the City and not revoked. (106) "Person" means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. (107) "Phosphorus" means the total phosphorus content of a sample, including all of the orthophosphates and condensed phosphates, both soluble and insoluble and organic and inorganic species, and referred to in 40 CFR Part 136 as total phosphorus.

13 13 Definitions (108) "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. (109) "POTW" means publicly owned treatment works. (110) "Premises" means the physical property to be serviced. Each of the following, together with the lot or parcel of land upon which it is located or such portion of such land as is used or held for use with it, shall constitute a premises: A. One building designed or used for single-family occupancy as a residence. B. One building designed or used for single-family occupancy both as a residence and for professional or business purposes, when the business or profession is conducted by the resident. (When not so conducted, the portion occupied by the resident constitutes one premises and each separate portion occupied by other persons for professional or business purposes constitutes a separate premises.) C. A combination of adjacent buildings, one portion designed or used for single- family occupancy as a residence and the other portions designed for professional or business purposes, all of which are occupied by the resident. (When not so occupied, the portion designed or used for single-family occupancy constitutes one premises and each separate portion designed or used for professional or business purposes and occupied by other persons constitutes a separate premises.) D. One building designed or used by one person for professional or business purposes. E. A combination of adjacent buildings designed or used by one person for professional or business purposes. F. Each combination of rooms designed or used for single-family occupancy as a residence, within a multiple unit building. G. Each room or combination of rooms designed or used by one person for professional or business purposes within a house or within a multiple unit building. H. Each parcel of land which requires water service. I. Each trailer or mobile home unit where the unit is not resting primarily on its wheels. J. Any building not otherwise defined as a premise in any other definition of premises contained herein. (111) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.

14 STREETS, UTILITIES AND PUBLIC SERVICES CODE 14 public (112) "Pretreatment Standards" means any limitations or restrictions imposed upon the discharge to the sewer from non-domestic users, in order to prevent: A. Pass through B. Interferences C. Harm to the sewers or treatment works D. Adverse effect on the receiving stream E. Inhibition of sludge disposal options F. Violations of the NPDES permit G. Endangerment of the health or safety of POTW workers or the H. Endangerment of public property; or I. Creation of a nuisance 1. "Pretreatment standards" include categorical pretreatment standards and any local limitations and prohibitions established by the City to fulfill the pretreatment program requirements contained in the City NPDES permit. (113) "Private" means owner (non-city) maintained infrastructure. (114) "Properly shredded garbage" means wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension. (115) "Provider" means a Person who owns or operates a System and has a valid Certificate of Registration. The City, County, Schools, Cable Operators operating pursuant to a valid Cable Franchise, or Video Service Provider operating pursuant to a valid Video Service Authorization shall also be considered Providers. (116) "Public sewer system" means any sewer owned by the City including storm, sanitary and combined sewers. (117) "Public water system" means the structures, equipment and processes required to collect, transport, treat and distribute consumable water. See also "Water Treatment Plant". (118) "PUCO" means the Public Utilities Commission of Ohio as defined in O.R.C (119) "Registration Maintenance Fee" means the money paid to the City to maintain a Certificate of Registration and compensate the City for all actual costs incurred by the City in the management, administration and control of the Rights of Way of the City, and which are not reasonably recoverable by the City through Construction Permit Fees or other approved recovery mechanisms. (120) "Removal Bond" means a bond posted to ensure the availability of sufficient funds to remove a Provider's Facilities upon abandonment or disuse, or discontinuance of a Provider's use or occupation of the Rights of Way. (121) "Replacement" means expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

15 15 Definitions (122) Residential" means all one to three family residences within the City Corporation limits. Multi-family residential units containing more than three family units within one building shall be included where the City determines they cannot be serviced by a dumpster. (123) "Restoration" means the process and the resultant effects by which a Rights of Way is returned to a condition as good as or better than its condition immediately prior to the Construction. Restoration shall occur in accordance with the Rules and Regulations as may be enacted or amended from time to time. (124) "Right(s) of Way" means the surface and space in, above, within, over below, under or through any real property in which the City has an interest in Law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, conduit, or any other place, area, or real property owned by or under the legal or equitable control of the City that, consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing, or replacing a System. Rights of Way shall not include buildings, parks, or other public property or easements that have not been dedicated to compatible uses, except to the extent the use or occupation of such property is specifically granted in a Permit or by Law. (125) "Right(s) of Way Cost" means all direct, incidental and indirect costs borne by the City for the management and administration of the Rights of Way and this Chapter. (126) "Rule(s) and Regulation(s)" means any rules or regulations adopted by the City pursuant to C.O (E). (127) "Sanitary sewer" means a sewer which carries sanitary and industrial wastes and to which storm, surface and ground water are not intentionally admitted. (128) "Schools" means the Marysville Exempted Village School District. Schools specifically exclude any and all contractors, agents or other Persons acting on behalf of said Schools. (129) "Sedimentation" means the processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on the ground surfaces or in water channels or the action of deposition of sediment that is determined to have been caused by erosion. (130) "Sediment Control" means the measures that prevent eroded sediment from leaving the site. (131) "Service(s)" means the offering of any service or Utility for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, or alternatively, the provision (for a fee or otherwise) of any service or Utility between two or more points for a proprietary purpose to a class of users other than the general public that in the opinion of the City constitutes a service. (132) "Sewage" means the combination of liquid and water carried wastes from residences, commercial buildings, industrial plants and institutions (including polluted cooling water).

16 STREETS, UTILITIES AND PUBLIC SERVICES CODE 16 (133) "Sewer service charge" means the total charge levied against users of the wastewater system for sewer service. The rate shall include user charges plus the cost of debt service. (134) "Slug load" means any pollutant, including oxygen demand pollutants (BOD, etc.), released in a single extraordinary discharge episode of sufficient volume or strength to cause interference to the POTW. (135) "Significant Industrial User" (SIU) means: A. All dischargers subject to Categorical Pretreatment Standards under Section and 40 CFR Chapter I, Subchapter N, as amended; and B. All non-categorical dischargers that, in the opinion of the City have a reasonable potential to adversely affect the Water Reclamation Facility's operation, or that contribute a process waste stream which makes up five percent (5%) or more of the average dry weather capacity of the Water Reclamation Facility, or that discharge an average of 25,000 gallons per day or more of process wastewater to the POTW. However, the City need not designate as significant any non-categorical industrial user that, in the opinion of the City, has no potential for adversely affecting the Water Reclamation Facility's operation or for violating any pretreatment standard or requirement. The agreement of the OEPA is not necessary in cases where the non-categorical discharger would have been designated as significant only because of an average discharge of 25,000 gallons per day or more of process wastewater. However, any noncategorical industrial user designated as significant may petition the City to be deleted from the list of significant users on the grounds that it has no potential for adversely affecting the Water Reclamation Facility's operation or violating any pretreatment standard or requirement. (136) "Siltation" means the accumulation of fine earth or sand carried by moving or running water and deposited as sediment. (137) "Site" means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. (138) "Stormwater Credit" means a reduction in a customer's stormwater service fee, other than single family, given for certain qualifying activities which reduce either the impact of increased stormwater runoff or reduces the City's costs of providing stormwater management. (139) "Stormwater Equivalent Residential Unit (ERU)" is a value based on the parameters used in the Stormwater Management Utility rate structure which represents a unit of stormwater runoff. This value is used to facilitate comparison of the number of billing units of non-residential properties. Each ERU is equivalent to 2,700 square feet of impervious area and all residential single-family properties shall be assigned a value of one (1) ERU. (140) "Stormwater" means the stormwater runoff, snowmelt runoff, and surface runoff and drainage.

17 17 Definitions (141) "Stormwater System" means all man-made drainage facilities, structures and natural watercourses used for collecting and transporting stormwater, surface runoff and drainage but which excludes wastewater and industrial waste, other than unpolluted cooling water to, through and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: conduits and appurtenance features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees and pumping stations. (142) "Stormwater Utility" means the utility is responsible for providing public stormwater management to citizens and/or consumers. The Utility is comprised of structures, equipment, personnel, and processes required for the stormwater system. (143) "Subsurface Water Drainage" means the process of directing excess water away from the root zones of plants by natural or artificial means, such as by using a system of pipes and drains placed below ground surface level. (144) "Supplementary Application" means any application made to Construct on or in more of the Rights of Way than previously allowed, or to extend a Permit that had already been issued. (145) "Surface Water Drainage" means the diversion or orderly removal of excess surface water by the development of surface water inlets to subsurface drains, and the slope of the land utilizing systems of natural or constructed channels to carry away the surplus water. (146) "Suspended solids" means solids that either float on the surface of, or are in suspension in, water, municipal waste or other liquids, and which are removable by laboratory filtering. (147) "System" means any System of conduit, cables, ducts, pipes, wires, lines, towers, antennae, wave guides, optic fiber, microwave, laser beams and any associated converters, equipment or Facilities or Utilities designed and constructed for the purpose of producing, receiving, amplifying, delivering or distributing Services within the City. A System shall specifically include, but not necessarily be limited to: electric distribution and/or transmission systems, natural or artificial gas distribution and/or transmission systems, water distribution systems, storm sewer systems, sanitary sewer systems, cable television systems, video service networks, telecommunications systems (whether voice, video, data, or other), fiber optic systems, and wireless communications systems. (148) "System Representative" means the specifically identified agent/employee of a Provider who is authorized to direct field activities of that Provider and serve as official notice agent for System related information. Any such System Representative shall be required to be available at all times to receive notice of and immediately direct response to System related emergencies or situations. (149) "Toter" means the garbage / recycling containers provided by the City's Collection and Transportation of Garbage/Refuse, Recyclables and Disposal Services Contractor.

18 STREETS, UTILITIES AND PUBLIC SERVICES CODE 18 (150) "Toxic substance" means any of the U.S. Environmental Protection Agency's (U.S. EPA) 126 priority pollutants or other compounds designated by the City or the U.S. EPA, which pollutants can: A. Interfere with the operation of the municipal treatment works; B. Contribute significantly to sludge management problems; or C. Pass through the treatment works with removals that would be unacceptable if the publicly owned treatment works (POTW) were, an industrial direct discharger. (151) "Transfer" means the disposal by the Provider, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of fifty-one percent (51%) or more at one time of the ownership or controlling interest in the System, or fifty-one percent (51%) cumulatively over the term of a Certificate of Registration of such interests to a corporation, partnership, limited partnership, trust, or association or Person or group of Persons acting in concert. (152) "Treatment Works" mean any and all devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature, or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof, elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste in sanitary sewer systems. (153) "Trenchless Technology" means, but not be limited to, the use of directional boring, horizontal drilling, micro tunneling and other techniques in the Construction of underground portions of Facilities which result in the least amount of disruption and damage to Rights of Way as possible. (154) "Underground Facility(ies)" means all lines, cables, conduits, pipes, posts, tanks, vaults and any other Facilities which are located wholly or partially underneath Rights of Way. (155) "Unused Facility(ies)" means facilities located in the Rights of Way which have remained unused for twelve (12) months and for which the Provider is unable to provide the City with a Credible plan detailing the procedure by which the Provider intends to begin actively using such Facilities within the next twelve (12) months, or that it has a potential purchaser or user of the Facilities who will be actively using the Facilities within the next twelve (12) months, or that the availability of such Facilities is required by the Provider to adequately and efficiently operate its System. (156) "User" means any person who discharges or who causes or permits the discharge of wastewater into the wastewater treatment system. (157) "User charge" means the charge assessed against users of the wastewater system to recover the costs of operation, maintenance and replacement of the wastewater collection / water distribution and wastewater / water treatment system and the cost of rendering bills and collecting sewer / water service charges.

19 19 Definitions (158) "Utility(ies)" means any water, sewer, gas, drainage, sprinkler or culvert pipe and any electric power, telecommunications, signal communications, cable television or video service provider conduit, fiber, wire, cable, or an operator thereof. (159) "Utility Corridor(s)" means those specific areas of the Rights of Way designated as such by the City pursuant to C.O (f)(1). (160) "Video Service" means the same as "video service" in O.R.C (J). (161) "Video Service Authorization (or VSA)" means a "video service authorization" as issued to a Video Service Provider by the Director of the Ohio Department of Commerce in accordance O.R.C (A)(1). (162) "Video Service Network" means the same as "video service network" in O.R.C (L). (163) "Video Service Provider (or VSP)" means the same as "video service provider" in O.R.C (M). (164) "Wastewater" means the liquid- and water-carried waste from dwellings, commercial buildings, industrial facilities and institutions, together with any ground water, surface water or stormwater that may be present, whether treated or untreated, which waste is discharged or permitted to enter the wastewater treatment system. (165) "Wastewater system" means the structures, equipment and processes required to collect, transport and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids, and shall be synonymous with "wastewater treatment system". (166) "Wastewater Superintendent" means the Superintendent of the Marysville Water Reclamation Facility or his or her authorized deputy, agent or representative. (167) "Wastewater treatment system" means the structures, equipment and processes required to collect, transport and treat domestic and industrial wastes and to dispose of the effluent and accumulated residual solids, and shall be synonymous with "wastewater system". (168) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently in a definite direction. (169) "Water Reclamation Facility" means wastewater treatment plant (170) "Water Superintendent" means the Superintendent of the Marysville Water Treatment Plant or his or her authorized deputy, agent or representative. (171) "Water Treatment Plant" means all facilities necessary to furnish public water service and water for consumption and fire protection. "Water Treatment Plant" includes but is not limited to: A. Source wells, weirs, reservoirs, pumps, raw water lines, etc., necessary to provide raw water to the treatment plant. B. "Water Treatment plant" includes all piping, buildings, pumps and related equipment necessary to treat raw water and bring it to an approved standard for consumption. C. "Distribution system" includes all lines, booster pumps/station and high pressure areas, and storage devices needed to move treated water from the plant and to have available for use or consumption to a customer service line.