For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 U.S.C. §§ 1251 et seq.
APPROVAL AUTHORITY. The Administrator of the EPA, Region IX, or the Director of the state’s Department of Environmental Quality, as appropriate.
AUTHORIZED REPRESENTATIVE OF THE USER. An authorized officer of at least the level of vice-president, if the user is a corporation; a general partner or proprietor if the user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BASELINE MONITORING REPORT (BMR). Facility and wastewater discharge information provided by the categorical industrial user.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure (five days at 20°C), expressed in terms of weight and concentration (milligrams per liter (mg/L)).
BLOWDOWN. The minimum discharge of re-circulating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration amounts exceeding established limits.
BUILDING SEWER. A sewer conveying wastewater from the premises of a user to the POTW.
BYPASS. The intentional diversion of waste streams from any portion of a treatment facility.
CATEGORICAL INDUSTRIAL USER. All users subject to categorical pretreatment standards.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 C.F.R. Chapter I, Subchapter N.
CHEMICAL OXYGEN DEMAND (COD). The measure of chemically decomposable material in domestic or industrial wastewaters as represented by the oxygen utilized as determined by the appropriate procedure described in Standard Methods.
CITY. The City of Coolidge.
CODE OF FEDERAL REGULATIONS (C.F.R.). The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. The C.F.R. is divided into 50 titles which represent broad areas subject to federal regulation. The C.F.R. is kept up to date by the individual issues of the Federal Register. These two publications must be used together to determine the latest version of any given rule.
COMPLIANCE SCHEDULE. Increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of pretreatment facilities.
COMPOSITE SAMPLE. A combination of no fewer than 12 individual samples obtained at equal time intervals over a 24-hour period, and where appropriate, composited according to wastewater flow rates during the 24 hours. Dischargers required to have wastewater flow monitoring systems shall use such systems to obtain accurate flow-proportioned COMPOSITE SAMPLES.
CONTROL AUTHORITY. The Public Works Director of the City of Coolidge, who is the person designated by the City to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities under this chapter.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DIRECT DISCHARGE. The discharge of treated or untreated wastewater directly to the waters of the state.
DISCHARGE or DISCHARGES. The intentional or unintentional release of a substance into the POTW.
DISCHARGE LIMIT. A limit on the amount and/or concentration of a pollutant which is discharged to the POTW. This LIMIT is specific for a controlled pollutant. The LIMIT may be expressed as milligrams per liter (mg/L) or similar appropriate units, or as a mass or specific amount per unit of time, or as mass per unit volume or mass of material processed.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Director or other duly authorized official of said agency.
EXISTING SOURCE. Any source which is not a new source or a new indirect discharge.
FEDERAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD. Any regulation developed under the authority of 307(b) of the Act and 40 C.F.R. Part 403.5.
FOOD SERVICE FACILITY. Any facility involved with the preparation and/or sale of food. This includes, but is not limited to, restaurants, bakeries, grocery stores, and cafeterias.
GRAB SAMPLE. Any individual sample collected in less than 15 minutes on a one-time basis.
HAZARDOUS SUBSTANCE. As listed in 40 C.F.R. Part 300.6 (1988), HAZARDOUS SUBSTANCE, as defined by § 101(14) of CERCLA, means: any substance designated pursuant to § 311(b)(2)(A) of the CWA; any element, compound, mixture, solution, or substance designated pursuant to § 102 of CERCLA; any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by an Act of Congress); any toxic pollutant listed under § 307(a) of the Clean Water Act (CWA); any hazardous air pollutant listed under § 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to § 7 of the Toxic Substances Control Act. The term does not include petroleum, including crude oil or any fraction thereof, which is not otherwise specifically listed or designated as a HAZARDOUS SUBSTANCE in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
HAZARDOUS WASTE. As defined in 40 C.F.R. Part 261.3.
HOLDING TANK WASTE. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE. Any introduction into the POTW of a non-domestic pollutant which is produced by a source which would be subject to any categorical standards or pretreatment requirements if such source were to be discharged to the POTW; and contains any substance or pollutant for which a discharge limitation or prohibition has been established by an categorical standard or pretreatment requirement.
INDUSTRIAL USER/INDUSTRIAL DISCHARGER. A source of indirect discharge of regulated wastes which does not necessarily constitute a “discharge of pollutants” under regulations issued pursuant to Article 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTE. Any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery, or processing of natural resources, with or without suspended solids excluding uncontaminated water.
INDUSTRIAL WASTEWATER DISCHARGE PERMIT or PERMIT. A permit issued by the control authority to an industrial user granting the right to discharge to the POTW industrial wastewater containing regulated wastes controlled by this chapter and subject to the terms and conditions set forth in the permit.
INTERFERENCE. Discharge which, alone or in conjunction with a discharge or discharges from other sources, both: inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and therefore is a cause of a violation of any requirement of the POTW’s NPDES, aquifer protection permit, or other 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): § 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title H, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), 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.
MEDICAL WASTE. Isolation wastes, infections agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT. A permit issued pursuant to Article 402 of the Act.
NATIONAL PRETREATMENT STANDARD. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to Part 403.5.
NEW SOURCE.
(1) 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 § 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;
(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. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(2) 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 section (1)(a), or (1)(b) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a NEW SOURCE, as defined under this paragraph, has commenced if the owner or operator has either:
(a) Begun, or caused to begin, as part of a continuous onsite construction program:
1. Any placement, assembly, or installation of facilities or equipment; or
2. 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.
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
NON-CATEGORICAL INDUSTRIAL USERS. Users that have industrial discharges from processes or industries that are not listed in 40 C.F.R. Chapter I, Subchapter N, Parts 405-471.
ODOR. A smell, vapor, or air pollution that affects the air quality of a residential, commercial, or industrial sector of the City. The pollutant quality of the ODOR will be determined by 51% of the affected population of the sector involved.
OPERATOR. A person who operates a business.
OWNER. The property owner.
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 a violation of any requirement of the POTW’s NPDES permit, including an increase in the magnitude or duration of a violation.
PERMIT. A wastewater discharge permit.
PERMITTEE. A user who has been issued a wastewater discharge permit.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns.
pH. The negative logarithm (base 10) of the hydrogen ion concentration expressed in moles per liter of solution. The measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. Something that causes pollution, including, but not limited to, any dredged point, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal, agricultural waste and certain characteristics of wastewater (for example, pH, temperature, TSS, turbidity, color, BOD, toxicity, or odor).
POLLUTION. The human-made or human-induced alteration of the chemical, physical, biological, and radiological integrity of water.
PRETREATMENT. 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. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 C.F.R. Part 403.6(d) by dilution as a substitute for PRETREATMENT.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
PRETREATMENT STANDARDS. The standards for the allowable discharge of industrial wastewaters to the POTW as specified in § 51.048. The effective PRETREATMENT STANDARDS for significant industrial users will be the more restrictive, limiting standard(s) of either the categorical pretreatment standards and those specified in § 51.042.
PUBLIC SEWER LINE. A sewer line installed within public rights-of-way or utility easements which is owned, controlled, operated, and maintained by the City and receives wastewater from one or more residential or commercial services and conveys such wastewater to the publicly owned treatment facility.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by § 212 of the Act, (33 U.S.C. § 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City’s POTW.
POTW TREATMENT PLANT. The portion of the POTW designed to provide treatment to wastewater.
PUBLIC WORKS DIRECTOR. The then-acting Public Works Director for the City or his or her duly authorized representative.
REPRESENTATIVE SAMPLE. A sample portion of material or waste stream that is as nearly identical in content and consistency as possible to that in the material or waste stream being sampled.
SELF MONITORING. Measurements of the user’s wastewater constituents by the user as may be specified by the control authority or required under applicable state law and pretreatment standards.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SHALL, WILL, and MAY. Shall and will are mandatory; may is permissive.
SIGNIFICANT INDUSTRIAL USER. Any categorical industrial user (CIU). Any other industrial user that meets one or more of the following criteria:
(1) Discharges 25,000 gallons or more of process wastewater per day;
(2) Contributes a process wastestream which makes up 5% or more of the dry-weather average hydraulic or organic capacity of the POTW; or
(3) Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating a pretreatment standard or pretreatment requirement.
SIGNIFICANT NONCOMPLIANCE. An industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD. Any pollutant released in a discharge at a flow rate and/or pollutant concentration which will cause interference or upset of the POTW; or, any discrete sample, the concentration of which exceeds five times the discharge limit.
SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semi-solid, or containing gaseous materials resulting from industrial, commercial, mining, and agricultural operations, and from community activities.
SPILL CONTAINMENT or SPILL PROTECTION FACILITIES. Physical barrier system of dikes, wails, barriers, berms, or other devices which provides protection from accidental discharge or spill from the liquid contents of containers into the sewer system of prohibited, hazardous, or other waste materials which are regulated through this chapter.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
STANDARD METHODS. The most current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.
STATE. State of Arizona.
STORMWATER. Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, which is removeable by laboratory filtering.
TOXIC POLLUTANT. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of 40 C.F.R. Part 403, Appendix 8.
UPSET. An exceptional incident in which there is unintentional and temporary noncompliance with discharge limits because of factors beyond the reasonable control of the user. An UPSET does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
U.S.C. United States Code.
USER. Any person, categorical user, significant user, industrial discharger, or industrial user who contributes, causes, or permits the discharge of wastewater into the City’s POTW.
WASTE. Sewage and other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER TREATMENT FACILITY. The portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
(Prior Code, § 12-8-1) (Ord. 13-05, passed 3-25-2013; Ord. 21-21, passed 11-8-2021)