§ 00053-1. Definitions.

(A)

"Abandonment" shall mean the complete filling with grout of a well in order to seal the aquifer to prevent the contamination of ground water. In the case of a cistern, abandonment includes emptying the cistern and filling it with an inert solid material. In the case of a spring or pond, abandonment shall mean the disconnection of all piping from the source to the point of discharge.

(B)

"Backflow" shall mean the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable water supply from any source other than the intended source of the potable water supply.

(C)

"Backflow prevention device" shall mean any device, method or type of construction to prevent backflow of water, liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source other than its intended use.

(D)

"Basement" shall mean a portion of the building located partly underground, but having not more than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

(E)

"Cellar" shall mean a portion of a building located partly or wholly underground, and having more than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

(F)

"Chemical toilet" shall mean any sanitary, waterless device for the collection and storage of human excreta using deodorizing chemicals including but not limited to lye, caustic soda, chlorinated lime, or copper bisulfate.

(G)

"Composting" shall mean the controlled decomposition of organic solid wastes under aerobic conditions to produce a relatively stable, inert material that may be incorporated into the soil without producing any adverse impact to the soil or to the public health.

(H)

"Compost Pile" shall mean the place in which composting occurs.

(I)

"Compost" (1) shall mean the product of the composting process. (2) compost is characterized as chemically and biologically altered organic material which has become chemically stable, which decomposes slowly and is free from odors.

(J)

"Contamination" shall mean to make unfit by the introduction of unwholesome or undesirable matter.

(K)

"Cross connection" shall mean any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other water of unknown or questionable safety, whereby water may flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.

(L)

"Dwelling" shall be defined as a building occupied, arranged, intended, or designed to be occupied as an abode for one or more persons. Reference: Cincinnati Municipal Code 1117-03.

(M)

"Dwelling Unit" shall be defined as a room or suite of rooms providing complete living facilities for one family, including permanent provisions for living, dining, cooking, sleeping and sanitation. Reference: Cincinnati Municipal Code 1117-03.

(N)

"Family" shall be defined as an individual or any number of individuals related by blood or marriage; a group of not more than five individuals not so related; a group of not more than ten members of a religious order who live together in a single dwelling unit; or a group of not more than ten adults, the majority of whom are 60 years of age or older, who live together in a single dwelling unit are all capable of self-preservation without assistance in the event of an emergency, and do not need to live in a supervised environment. Reference: Cincinnati Municipal Code 1117-03.

(O)

"Ground water" shall mean any water below the surface of the earth in a zone of saturation.

(P)

"Grout" shall mean an approved substance used for sealing wells and dry holes; one of the following materials shall be used:

(1)

cement grouts which meet current ASTM standard c150 and NSF standard sixty and include:

(A)

type I, general purpose cement;

(B)

type II for use in waters with moderate sulfate content, and conditions requiring lower heat of hydration;

(C)

type III, for use in conditions requiring high early strength;

(D)

type IV, for use in conditions requiring low heat of hydration;

(E)

type V, for use in ground waters with a high sulfate content;

(F)

concrete grout for special sealing conditions identified in table one.

(2)

bentonite based grouts which meet NSF standard sixty and include:

(A)

high solids bentonite grout using powdered bentonite-clay or granular bentonite.

(B)

coarse grade bentonite

(C)

pelletized bentonite

(3)

clean clay, sand, or gravel when used in accordance with rule 3701-28-07 I of the Ohio Administrative Code

(4)

any other material deemed by the director of the Ohio Department of Health to have permeability and sealing characteristics sufficient to protect groundwater and public health. Reference Ohio Administrative Code 3701-28-07 (I) and appendix A.

(Q)

"Hazardous waste" shall include: ignitable waste, corrosive waste, reactive waste, toxicity characteristic waste, acute hazardous waste and toxic waste as referenced in rules 3745-51-30 to 3745-51-35 of the Ohio Administrative Code, unless it has been excluded under 40 CFR sections 260.20 and 260.22.

(R)

"Health Commissioner" shall mean the Commissioner of Health of the City of Cincinnati or his/her authorized representative.

(S)

"Heat provided by owner" shall mean a heat source that can provide heat to all areas of an occupied residence at least 70°F or 21°C when the outside temperature falls below 60°F or 16°C for 24 hours. The cost of this heat source shall be at the owner's expense. Space heaters do not qualify unless the owner pays for the electricity also.

(T)

"Household Composting" shall mean any composting activity conducted by the residents of a single family.

(U)

"Household sewage treatment system" shall mean any sewage disposal or treatment system or part thereof for a single family, two family, or three family dwelling, which receives sewage.

(V)

"Infectious waste" shall include all of the substances or categories of substances including:

(1)

cultures and stocks of infectious agents and associated biologicals;

(2)

laboratory wastes that were, or are likely to have been, in contact with infectious agents that may present a substantial threat to public health if improperly managed;

(3)

pathological wastes;

(4)

waste materials from the rooms of humans, or the enclosures of animals, that have been isolated because of communicable disease that are likely to transmit infectious agents;

(5)

human and animal blood specimens and blood products that are being disposed of, provided that, with regard to blood specimens and blood products from animals, the animals were or are likely to have been exposed to a zoonotic or infectious agent,

(6)

contaminated carcasses, body parts, and bedding of animals that were intentionally exposed to infectious agents from zoonotic or human diseases;

(7)

sharp wastes used in the treatment, diagnosis, or inoculation of human beings or animals or that have, or are likely to have come in contact with infectious agents in medical, research, or industrial laboratories;

(8)

any other waste materials generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production of testing of biologicals, that the public health council created in section 3701.33 of the Ohio Revised Code;

(9)

any other waste materials the generator designates as infectious waste as defined in Chapter 3745-27-01, Section (i) of the Ohio Administrative Code.

(W)

"Infestation" shall mean their presence within or around a dwelling or premises of insects, rodents or other pests.

(X)

"Insanitary condition" and "unsanitary condition" means any environmental condition that may produce an unhealthy or unsafe condition.

(Y)

"Junk vehicle" shall mean any vehicle as defined in the Cincinnati Municipal Code, Section 511-31 including unlicensed and/or inoperable trailers, semi-trailers and motor vehicles.

(Z)

"Landlord" shall mean the owner, lessor, or sublessor of residential or commercial premises, their agent, or any other person authorized by them to manage the premises or to receive rent from a tenant under a rental agreement.

(AA)

"Mold" shall be defined as a growth of minute fungi forming on plant or animal matter and/or interior building materials and surfaces.

(BB)

"Nuisance" shall be defined as anything which is injurious to human health or offensive to the senses and which affects a community, neighborhood, or neighbors.

(CC)

"Occupant" shall be defined as any person over one year of age (including owner or operator) living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or room used for rooming occupancy as referenced in the Cincinnati Municipal Code, Section 1117-03.

(DD)

"Occupy" shall mean to reside in a dwelling as owner or tenant.

(EE)

"Owner" shall be defined as the owner of the freehold (an estate in land, inherited or held for life) of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm or corporation in control of a building; or their duly authorized agents as referenced in the Cincinnati Municipal Code section 1117-03.

(FF)

"Person" shall mean owner, or any person, partnership, firm, corporation, entity or person in possession or control of any property or dwelling, agent or other person who is responsible for the work or violation.

(GG)

"Potable water" shall mean water, which is satisfactory for drinking, culinary, and domestic purposes.

(HH)

"Premises" shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure, and includes any such building, accessory structure or other structure thereon.

(II)

"Private water supply" shall mean a private water system.

(JJ)

"Private water system" shall mean any water system, other than a public water supply system, for the provision of water for human consumption, if the system has fewer than fifteen service connections and does not regularly serve an average of at least twenty-five individuals daily at least sixty days each year. A private water system includes any well, spring, cistern, pond, or hauled water and any equipment for the collection, distribution, transportation, filtration, disinfection, treatment, or storage of water extending from and including the source of the water to the point of discharge from any pressure tank or other storage vessel; to the point of discharge from the water pump where no pressure tank or other storage vessel is present; to the point where the distribution line enters the foundation of the building or dwelling, where the pressure tank is outside of the building or dwelling; or, in the case of multiple service connections serving more than one dwelling, to the point of discharge from each service connection where the service connection enters the foundation of the dwelling. A private water system does not include the water service line extending from the point of discharge to a structure as defined in Chapter 3701-28-01, Section (V) of the Ohio Administrative Code.

(KK)

"Portable toilet" shall mean any sanitary, waterless device for the collection and short term storage of human excreta that may be transported and used at any site where waterborne sewage disposal is impractical or temporarily unavailable.

(LL)

"Privy" shall mean any sanitary, waterless device for the collection and storage of human excreta but does not include chemical commodes or other portable receptacles.

(MM)

"Property" shall mean thing or things owned, real or personal.

(NN)

"Provided" shall mean furnished, supplied, paid for and/or under the control of the owner.

(OO)

"Refuse" shall mean all putrescible and nonputrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes as defined in Cincinnati Municipal Code 714-1-R.

(PP)

"Rubbish" shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, dirt, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials as defined in Cincinnati Municipal Code Section 714-1-R1.

(QQ)

"Sanitary" shall mean free from elements, such as filth or pathogens that endanger health. A condition that is clean and free of pest infestations and residues, human and animal waste, mold, wastewater, sewage, rotting material, and uncontained rubbish or garbage.

(RR)

"Sanitary landfill" shall be defined as an engineered facility where the final deposition of solid waste on or into the ground is practiced in accordance with Chapter 3745-27, 3745-29 or 3745-30, as appropriate, and 3745-37 of the Administrative Code, and includes the units within the limits of waste placement, all ground water monitoring and control system structures, buildings, explosive gas monitoring, control, and extraction system structures, surface water run-on and runoff control structures, sedimentation - ponds, liner systems, and leachate management system structures. The sanitary landfill facility includes all portions of the facility described above and those areas within three hundred feet of the limits of waste placement unless an alternate setback is deemed acceptable by the director of the Ohio Environmental Protection Agency. If the owner or operator has not obtained approval of a permit to install, which delineates the setback from the limits of waste placement, submitted in accordance with section 3734.05 of the Revised Code, the sanitary landfill facility includes all portions of the facility described above and those areas within three hundred feet of the limits of waste placement unless the property line of the facility is less than three hundred feet from the limits of waste placement, in which case the sanitary landfill facility includes those areas within the property line as in the Ohio Administrative Code, Section 3745-27-01-(DDD).

(SS)

"Sewage" shall mean any liquid waste containing animal or vegetable matter in suspension or solution from water closets (toilets), urinals, lavatories (Sinks), bathtubs, laundry tubs or devices, floor drains, drinking fountains, or other sanitary fixtures, and may include liquids containing chemicals in solution.

(TT)

"Soil Incorporation" shall mean the immediate plowing, turning or tilling of organic material into the soil for purposes including, but not limited to, use as a soil amendment, agricultural and horticultural applications, or land reclamation, provided that such land application does not create a nuisance or health hazard.

(UU)

"Solid wastes" shall be defined as such unwanted residual solid or semisolid material, including but not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt and debris, as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from combustion of coal, biomass fuels, and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty percent of heat input in any month, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical (unfavorable or harmful) to public health, and includes, but is not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt, and debris. Solid waste does not include any material that is an infectious waste or a hazardous waste as stated in the Ohio Administrative Code, Section 3745-27-01-(III).

(VV)

"Vermin" shall mean objectionable insects or animals, including lice and bedbugs.

(WW)

"Well" shall mean any excavation regardless of design or method of construction done or used for the purpose of removing ground water from an aquifer, and for the purpose of determining the quality, quantity, or level of ground water.

(XX)

"Yard Waste" shall mean the residue generated from lawns, shrubs, gardens, and other such vegetation. "Yard Waste" may include grass clippings, shrub trimmings, brush, garden waste, and tree waste. "Yard Waste" does not include vegetable trimmings, or other such materials that have been cooked or altered for human consumption.

(Amended March 22, 2011, § 1)