For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. 1251, et seq.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(1) In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
(2) In the case of a partnership or proprietorship, a general partner or proprietor; and
(3) An authorized representative of the individual designated above if:
(a) Such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates;
(b) The authorization is in writing; and
(c) The written authorization is submitted to the POTW.
BOD (denoting biochemical oxygen demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C.
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other places of disposal.
BYPASS. The intentional diversion of waste streams from any portion of an user's treatment facility.
COMBINED SEWER. A sewer receiving both surface runoff and sewage.
COMPATIBLE POLLUTANT. A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH 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 in fact does remove such pollutant to a substantial degree. Examples of such additional pollutants may include: chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils and greases of animal or vegetable origin.
INCOMPATIBLE POLLUTANTS. Any pollutant which is not a compatible pollutant.
INDUSTRIAL WASTE. The wastewater discharges from industrial, manufacturing, trade or business processes, as distinct from their employees' domestic wastes or wastes from sanitary conveniences.
INTERFERENCE. Any discharge which alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW and any of its processes or operations, or its sludge 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.
LOCAL AGENCY. The City Administrator or its designated official or department.
MAJOR CONTRIBUTING INDUSTRY. Any industrial users of the publicly owned treatment works that:
(1) Has a flow of 50,000 gallons or more per average workday;
(2) Has a flow greater than 5% of the flow carried by the municipal system receiving the waste;
(3) Has in its waste, a toxic pollutant in toxic amounts as defined in the standards issued under Section 307 (a) of the Act; or
(4) Is found by the local agency to have significant impact, either singly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from that treatment works.
All major contributing industries shall be monitored.
NATIONAL CATEGORICAL PRETREATMENT STANDARD, CATEGORICAL 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. 1317), which applies to a specific category of industrial users.
NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
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 Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. 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 division (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this division has commenced if the owner or operator has:
(a) Begun, or caused to begin, as part of a continuous on-site 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; or
(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 division.
NPDES or STATE DISCHARGE PERMIT. A permit issued pursuant to Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342).
OPERATION AND MAINTENANCE. All work, materials, equipment, utilities and other effort required to operate and maintain the wastewater transportation and treatment system consistent with insuring adequate treatment of wastewater to produce an effluent in compliance with the NPDES permit and other applicable state and federal regulations, and includes the cost of replacement.
PASS THROUGH. A discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal 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 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
PL 92-500. The Federal Water Pollution Control Act of 1972 being Public Law 92-500 of the 92nd Congress and adopted on October 18, 1972.
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial, and agricultural waste or any other contaminant.
PRETREATMENT STANDARD or STANDARD. Any local, state or federal regulation containing pollutant discharge limits. This term includes local limits, prohibitive discharge limits including those promulgated under 40 CFR 403.5, and categorical pretreatment standards.
PRETREATMENT. The reduction, elimination, or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR Section 403.6(d).
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by section 212 of the Act including any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes, and equipment used to convey wastewater to the treatment facility. The term also includes the municipality as defined in section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
SANITARY SEWER. A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEVERE PROPERTY DAMAGE. Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.
SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.
SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground waters as may be present.
SEWER SERVICE CHARGE. The sum applicable of the user charge, surcharges, industrial cost recovery and debt service charges.
SEWER. A pipe or conduit for carrying sewage.
SHALL is mandatory; MAY is permissive.
SIGNIFICANT INDUSTRIAL USER.
(1) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(2) Any other industrial user that:
(a) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(b) Is designated as such by the POTW on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].
Upon a finding that an industrial user meeting the criteria in division (2)(a) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that such industrial user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE (SNC).
(1) Chronic violations of wastewater discharge limits, defined here 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 here 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 maximum limit or the average limit multiplied by 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 local agency 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 (see division (1) under definition of
INTERFERENCE);
(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;
(8) Any other violation or group of violations which the local agency determines will adversely affect the operation of the POTW or implementation of the local pretreatment program.
SLUG LOADING. Any substance released in a discharge at a rate and/or concentration which causes interference to a POTW.
STORM SEWER or STORM DRAIN. A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
SUPERINTENDENT. The person retained by the local agency empowered to supervise the POTW, usually the Superintendent of Public Works.
TOXIC POLLUTANT. Any pollutant or combination of pollutants identified as toxic pursuant to section 307(a) of the Federal Water Pollution Control Act or other federal statutes or in regulations promulgated by the state under state law.
USER CHARGE. A charge levied on users of a treatment works for the cost of operation and maintenance of sewage works and includes the cost of replacement.
USER CLASS. The kind of user connected to sanitary sewers including but not limited to residential, industrial, commercial, institutional and governmental.
(1) COMMERCIAL USER. An establishment listed in the Office of the Management and Budget's "Standard Industrial Classification Manual" (SICM) (most recent edition) involved in a commercial enterprise, business or service which, based on a determination by the local agency, discharges primarily segregated domestic wastes or wastes from sanitary conveniences and which is not a residential user or an industrial user.
(2) GOVERNMENTAL USER. Any federal, state or local government user of the wastewater treatment works.
(3) INDUSTRIAL USER. Any nongovernmental user or manufacturing or processing facility that discharges industrial waste to a publicly owned treatment works. Industrial users shall be identified in the "Standard Industrial Classification Manual" (SICM - most recent edition), Office of Management and Budget, as amended and supplemented under the following divisions:
(a) Division A - Agriculture, Forestry and Fishing;
(b) Division B - Mining;
(c) Division D - Manufacturing;
(d) Division E - Transportation, Communication, Electric, Gas and Sanitary Services;
(e) Division I - Services.
(4) INSTITUTIONAL USER. Any establishment listed in the SICM involved in a social, charitable, religious, or educational function which, based on a determination by the local agency, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
(5) RESIDENTIAL USER. A user of the treatment works whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semi- detached and row houses, mobile homes, apartments, or permanent multi-family dwellings (transit lodging is not included, it is considered commercial).
WATERS OF THE STATE. Includes:
(1) Both surface and underground waters within the boundaries of the state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the state, other than those designed and used to collect, convey, or dispose of sanitary sewage; and
(2) The floodplain free-flowing waters determined by the Department of Natural Resources on the basis of 100-year flood frequency.
(Ord. 214, passed 6-5-95)