Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as defined in the American Society Of Civil Engineers’ Manual Of Engineering Practice No. 37 and the current edition of the book Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. 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, as amended, 33 U.S.C. §§ 1251 et seq.
APPLICANT. Any person or group of persons who applies for the use of the city’s wastewater collection, treatment and disposal system.
BOD. A five-day biochemical oxygen demand at 20°C expressed in milligrams per liter (mg/l), determined according to the current edition of standard methods.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the 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, parts 405 through 471.
CHLORINE DEMAND. The difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a 30-minute period as determined by the procedures given in standard methods.
CITY. The City of Livingston and its representative.
CITY COUNCIL or COUNCIL. The City Council of the City of Livingston.
CITY MANAGER. The City Manager of the City of Livingston, or the Manager’s representative.
COMMERCIAL GARBAGE GRINDER. A mechanical unit for pulverizing large quantities of waste by a commercial user.
CONNECTION. The physical attachment of a building premises fixture, plumbing system, trap or another facility discharging wastewater to a city sewer.
CUSTOMER. Any person connected to the city’s wastewater collection, treatment and disposal system.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city or his or her representative.
DISSOLVED SOLIDS or DISSOLVED MATTER. The solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in standard methods.
DOMESTIC WASTEWATER. The water carried wastes produced from commercial or nonindustrial activities and which result from normal human living processes.
EFFLUENT. The liquid outflow of any facility designed to treat, convey or retain wastewater.
EMERGENCY. A situation, which reasonably appears to present an imminent endangerment to the health or welfare of persons, or the environment, or which threatens to interfere with the operation of the city’s publicly owned treatment works (POTW).
ENVIRONMENTAL PROTECTION AGENCY or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
FIXTURE. A lavatory, tub, shower, water closet, garbage disposal or other facility connected by a private plumbing system to the sewer.
FIXTURE UNIT. The flow producing effect of different fixtures on the collection system as defined by the Uniform Plumbing Code, latest edition, published by the International Association Of Plumbing and Mechanical Officials.
GARBAGE. Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage, processing and sale of produce.
GRAB SAMPLE. A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.
GRAVITY SEPARATION INTERCEPTOR. Any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the POTW.
GREASE, OIL AND FAT. Any material, or like material, that is soluble in petroleum ether.
INDUSTRIAL USER. Any person who discharges nondomestic wastewater to the POTW or any other system tributary thereto.
INDUSTRIAL WASTEWATER. All water carried wastes and wastewater discharged by any person, excluding domestic wastewater and uncontaminated water, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin, including, but not limited to, water softening regeneration plants.
INSPECTOR. A person authorized by the Director of Public Works to inspect wastewater generation, conveyance, processing and disposal facilities.
INTERFERENCE. A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
1. Inhibits or disrupts the POTW, including its collection system, treatment processes or operations, or its sludge processes, use or disposal; and
2. Results in a cause of violation of any requirement of the city’s waste discharge requirements (including, without limitation, an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with all applicable statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations) including, without limitation, § 405 of the Clean Water Act, being 33 U.S.C. § 1345, the Solid Waste Disposal Act, being 42 U.S.C. §§ 6901 et seq., (SWDA) (including Title II, 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, 42 U.S.C. §§ 7401 et seq., the Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and the Marine Protection, Research and Sanctuaries Act, being 16 U.S.C. §§ 1431 et seq. and 33 U.S.C. §§ 1401 et seq.
LOCAL LIMIT. Any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal standards as well as state and local regulations.
MEDICAL WASTE. Any isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NATIONAL PRETREATMENT STANDARD or PRETREATMENT STANDARD or STANDARD. Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with § 307(b) and (c) of the Clean Water Act, being 33 U.S.C. § 1317(b) and (c), which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 C.F.R. § 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 Clean Water Act, being 33 U.S.C. § 1317(c), 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 process of the building, structure, facility or installation is 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 subsection 1.(b) or 1.(c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
3. Construction of a
NEW SOURCE 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.
(b) 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. Options to purchase or contracts which can be terminated or modified without substantial loss and for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
PASS-THROUGH. A discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the city’s waste discharge requirements (including an increase in the magnitude or duration of a violation) established for the reuse or disposal of effluent or sludge.
PEAK FLOW RATE. The average rate at which wastewater is discharged to a public sewer during the highest 30-minute flow period in the preceding 12 months.
PERMIT. A written authorization by the Director of Public Works to connect to and discharge to the city’s wastewater collection, treatment and disposal system in accordance with the provisions of this chapter or any other ordinance or regulations of the city.
PERSON. Any individual, partnership, association, corporation, limited liability company, public agency and any other organization or group of persons, public or private.
POLLUTANT. Any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the city or the regulatory bodies empowered to regulate the city.
PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
PROPERLY GROUND GARBAGE. The wastes from the preparation, cooking and dispensing of food that has 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.
PUBLICLY OWNED USC TREATMENT WORKS or POTW. A “treatment works”, as defined by § 212 of the Clean Water Act (33 U.S.C. § 1292) which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
RADIOACTIVE WASTE. Wastes that contain chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.
REGIONAL ADMINISTRATOR. The Region IX of the United States Environmental Protection Agency.
REGIONAL WATER QUALITY CONTROL BOARD or RWQCB. California Regional Water Quality Control Board, Central Valley Region.
REVENUE PROGRAM. The system of charges and fees established for the use of the city’s wastewater collection, treatment and disposal system and all supporting data used in determining such charges and fees.
SIU. Significant industrial user (see definition of SIGNIFICANT INDUSTRIAL USER).
SEWAGE (WASTEWATER). A combination of wastes and water, including industrial wastewater, whether treated or untreated, from residences, commercial buildings, institutions and industrial establishments, which are discharged into the sewer.
SEWER. A pipe or conduit for holding and carrying wastewater, including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of wastewater.
SIGNIFICANT INDUSTRIAL USER.
1. Except as provided in subsection 2. of this definition, the term
SIGNIFICANT INDUSTRIAL USER means:
(a) All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N; and
(b) Any other industrial user that:
(1) Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow down wastewater);
(2) Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW; or
(3) Is designated as such by the Director of Public Works 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 C.F.R. § 403.8(f)(6)).
2. Upon a finding that an industrial user meeting the criteria in subsection 1.(b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a written request from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a significant industrial user.
SLUG. Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flows, exceeds, for any period of duration longer than 15 minutes, more than five times its average hourly concentration or flow.
SOLID WASTES. Nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal sites.
STANDARD METHODS. The current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.
STORMWATER. Waters other than wastewater, including, but not limited to, rainwater, street drainage, roof drainage or yard drainage.
SUSPENDED SOLID. Solids that either float on the surface of, or are in suspension in, water, sewage, wastewater or other liquids and which are removable by laboratory filtration. This is also called SUSPENDED MATTER in standard methods.
TRAP. Any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious, or prohibited constituents from wastewater by differential gravity separation or mechanical separation before discharge to the sewer.
UNPOLLUTED WATER LIQUID.
1. Any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalis; substances that may impact taste and odor or color characteristics; or toxic or poisonous substances in suspension, colloidal state, or solution.
2. UNPOLLUTED WATER OR LIQUID shall contain not more than 500 parts per million of dissolved solids, and not more than 25 parts per million each of suspended solids or biochemical oxygen demand, or meet the most recent requirements for secondary treatment defined by the State Water Resources Control Board. Any analytical determination shall be made in accordance with the procedures set forth in the current edition of standard methods. Any water having contact with potential pathogen sources shall be considered to be polluted.
USER. Industrial user (see definition of INDUSTRIAL USER).
WASTE. Sewage and any and all 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.
WASTE DISCHARGE REQUIREMENTS. Requirements issued to the city by the California Regional Water Quality Control Board for disposal of treated wastewater pursuant to Cal. Water Code § 13263.
WASTE DISPOSAL MANAGER. The person so designated by the Director of Public Works.
WASTEWATER. See definition of SEWAGE (WASTEWATER).
WATER SOFTENER. A unit using the ion exchange process removing hardness from a water supply and requiring sodium chloride to regenerate the exchange bed.
(Ord. 497, passed 6-20-2000)