Terms as used in this chapter mean:
A. ""Act" or "the Act"" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
B. "Authorized representative" means a person is a duly authorized representative only if:
1. The authorization is made in writing by a person described in Section 13.36.110(A)(5); and
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as plant manager, operator of a well, a well field superintendent, or a position of equivalent responsibility for environmental matters for the user. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)
C. "Best management practices (BMPs)" means BMPs include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.36.050 and Section 13.36.060. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BMPs related to food service facilities are outlined in the grease management program (Section 13.36.440).
D. "Biosolids" means sewage sludge, also known as biosolids, is the solid material separated during treatment at a domestic or municipal wastewater treatment plant and treated to stabilize and reduce pathogens.
E. "Blowdown" means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding established limits.
F. "Bypass" means the intentional diversion of a wastestream from any portion of a treatment facility.
G. "Categorical pretreatment standard or categorical standard" means any regulations defining pollutants or setting pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. § 1317), that apply to specific categories of users (40 CFR §§ 403.6 and 405—471) adopted by reference in AAC R18-9-A905(A)(8)(b) and R18-9-A905(A)(9). This term includes prohibitive discharge standards under 40 CFR § 403.5, including local limits 40 CFR § 403.5(d).
H. "Compliance schedule" means increments of progress, in the form of dates, for the commencement or completion of major events leading to the construction and operation of pretreatment facilities.
I. "Composite sample" means a combination of no fewer than four individual samples obtained at equal time intervals for twenty-four hours or for the duration of the discharge, whichever is shorter. In the case of a batch discharge with flow duration of less than fifteen minutes, a single grab sample will meet the intent of a composite sample.
J. "Days" means any specific reference to a number of days shall be calendar days unless otherwise specified.
K. "Department" means the Pima County regional wastewater reclamation department (RWRD).
L. "Director" means the director of the Pima County regional wastewater reclamation department or the director's designated representative.
M. "Discharge" means the intentional or unintentional release of a substance into the POTW.
N. "Discharge limit" means a limit on the amount or concentration of a regulated waste that is discharged to the POTW.
O. "Domestic user" means any person who discharges only domestic wastewater.
P. "Domestic wastewater" means any water-borne wastes, derived from the ordinary living processes in a residential dwelling unit, of such character as to permit satisfactory disposal without special treatment by conventional POTW processes.
Q. "Existing source" means a source that is not a new source or a new indirect discharger.
R. "Fats, oils and grease (FOG)" means a polar material either liquid or solid composed primarily of fat, oil and grease from animal or vegetable origin. The terms oils and grease, and oil and grease substances shall be included in this definition.
S. "Food service facility" means any facility that prepares or packages food or beverages for sale or consumption on or off-site, with the exception of private residences. The term food service facility includes, but is not limited to: restaurants, bakeries, grocery stores, cafeterias, food courts, food manufacturers, food packagers, bars, lounges, hotels, movie theaters, sororities, fraternities, social clubs, private clubs, and schools.
T. "Grab sample (discrete)" means an individual sample collected over a period of time not to exceed fifteen minutes.
U. "Gravity grease interceptor (GGI)" means a device that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and grease from a wastewater discharge and is identified by volume, a minimum thirty-minute retention time, baffle(s), a minimum of two compartments, a minimum total volume of three hundred gallons, and gravity separation.
V. "Hazardous substance" means any substance meeting the definition of "hazardous substance" found in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 101(14) (42 U.S.C. 9601(14) 1980) including but not limited to, those substances listed at 40 CFR § 300.5 (1990).
W. "Hazardous waste" means a hazardous waste as defined in 40 CFR § 261.3.
X. "Hydromechanical grease interceptor (HGI)" means a device that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and grease from a wastewater discharge and is identified by flow rate, separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or separately, and one of the following: External flow control with air intake (vent) directly connected; external flow control without air intake (vent) directly connected; without external flow control directly connected; and without external flow control indirectly connected.
Y. "Indirect discharge" means the introduction of pollutants into the POTW by any non-domestic source.
Z. "Industrial user" means a source of indirect discharge, the introduction of pollutants into the POTW by any non-domestic source.
AA. "Industrial wastewater" means wastewater generated in a commercial or industrial process.
BB. "Industrial wastewater discharge permit" means an individual control mechanism, authorization letter, or contract issued by the director, which allows a discharge into the POTW of industrial wastewater.
CC. "Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
2. Therefore is a cause of a violation of any requirement of the POTW's AZPDES 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 hereunder (or more stringent state or local regulations): § 405 of the Clean Water Act, the Solid Waste Disposal Act, Clean Air Act, Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
DD. "Liquid waste hauler" means any person carrying on or engaging in the vehicular transport of wastewater or wastes as part of, or incidental to, any business for the purpose of discharging such waste into the POTW.
EE. "New source" means:
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 that 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 sources are substantially independent, factors such as the extent to which the new facility is integrated with the existing facility, 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 (c) 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:
a. Begun, or caused to begin, as part of a continuous onsite construction program:
(i) Any placement, assembly, or installation of facilities or equipment; or
(ii) 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 paragraph.
FF. "Oil and sand interceptor" means a tank designed to intercept and collect sand, grit, petroleum, oil, and grease, and prevent their entry into the sanitary sewer system.
GG. "Operator" means a person who operates a business and therefore controls the operation and indirect discharge.
HH. "Owner" means the property or business owner.
II. "Pass through" means a discharge that exits the POTW into waters of the United States in quantities or concentrations that, 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 AZPDES permit, including an increase in the magnitude or duration of a violation.
JJ. "Person" means an individual, firm, company, association, partnership, corporation, joint stock company, trust, estate, municipality, state or federal agency, or an agent or employee thereof.
KK. "Petroleum, oil and grease (POG)" means a nonpolar material either liquid or solid and is composed primarily of petroleum or mineral origin.
LL. "Pollutant" means something that causes pollution, including but not limited to: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste, pesticides, and certain characteristics of wastewater (pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) discharged into the POTW.
MM. "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
NN. "Pretreatment" means the reduction of the amount of industrial wastewater, the elimination of industrial wastewater, or the alteration of the nature of industrial wastewater properties in wastewater prior to or in lieu of discharging or otherwise introducing such waste into a POTW. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means, except by dilution as a substitute for pretreatment.
OO. "Pretreatment standards or standards" means pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
PP. "Publicly owned treatment works (POTW)" means all of the wastewater collection, treatment, and disposal systems that are owned, operated or contracted in part or in whole by Pima County, Arizona.
QQ. "Representative sample" means a sample portion of material or wastestream that is as nearly identical in content and consistency as possible to that in the material or industrial wastewater being sampled.
RR. "Satellite collection system" means any upstream collection system under the ownership and operational control of a separate jurisdictional government agency or Native American Nation.
SS. "Septage" means an anaerobic wastewater originating from a residential, commercial, or industrial facility that is not a hazardous waste and is compatible with the biological wastewater treatment plant process.
TT. "Septage discharge permit" means an individual control mechanism, authorization letter, or contract issued by the director, which allows a discharge into the POTW of septage.
UU. "Significant industrial user" means except as provided for in paragraphs 2 and 3 of this definition:
1. An industrial user that:
a. Is subject to categorical pretreatment standards;
b. Discharges an average of twenty-five thousand gallons per day or more of process wastewaters (excluding sanitary, non-contact cooling and boiler blowdown wastewater);
c. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or
d. Has a 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).
2. The director may determine that an industrial user subject to categorical pretreatment standards under § 403.6 and 40 CFR Chapter I, subchapter N is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater unless specifically included in the pretreatment standard) and the following conditions are met:
a. The industrial user, prior to the director's finding, has consistently complied with all applicable pretreatment standards and requirements;
b. The industrial user annually submits the certification statement required in 40 CFR § 403.12(q) together with any additional information necessary to support the certification statement; and,
c. The industrial user never discharges any untreated concentrated wastewater.
3. Upon finding that a user meeting the criteria in subsection (1)(b) of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the director may at any time, on the director's own initiative or in response to a petition received from an industrial user, and in accordance with the procedures in 40 CFR § 403.8(f)(6), determine that such user should not be considered a significant industrial user.
VV. "Significant noncompliance" means an industrial user is in significant Noncompliance if its violation meets one or more of the following criteria:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined in 40 CFR § 403.3(l);
2. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits as defined in 40 CFR § 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, and FOG, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment standard or requirement as defined by 40 CFR § 403.3(l) (daily maximum, longer-term average, instantaneous limit, or narrative standard) that the director 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 the environment or has resulted in the director's exercise of emergency authority under Section 13.36.195 of this chapter to halt or prevent such a discharge;
5. Failure to meet, within ninety days after the schedule 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 forty-five days after due date, required reports such as baseline monitoring reports, ninety-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 may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.
WW. "Slug load" means any industrial wastewater discharged at a volume or concentration that will cause interference or upset of the POTW; any sample, the concentration of which exceeds five times the allowable discharge limitation; or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge.
XX. "Solid waste" means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
YY. "Source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants.
ZZ. "Spill protection facilities" means a physical barrier that provides protection from accidental discharge or spill into the POTW of prohibited, hazardous, or other industrial wastewaters that are regulated through this chapter.
AAA. "Toxic pollutant" means any pollutant listed as toxic under § 307(a)(1) of the CWA of 1977, 40 CFR 122.2 definitions, or, in the case of "sludge use or disposal practice," any pollutant identified in regulations implementing § 405(b) of the CWA.
BBB. "Upset" means 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, and lack of preventive maintenance or careless or improper operation.
CCC. "User" means an industrial user or a significant industrial user.
DDD. "Wastewater" means the liquid and water-carried industrial or domestic waste from dwellings, commercial establishment, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
EEE. "Wastewater sludge" means the solids or semisolids, residues, and precipitate separated from or created in wastewater.
(Ord. 2013-32 (part), 2013)