Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ACT OR THE ACT: The federal water pollution control act, also known as the clean water act, as amended, 33 USC section 1251 et seq.
APPLICANT: Any person or group of persons who applies for the use of the city's POTW.
APPROVAL AUTHORITY: The state of California regional water quality control board, Central Valley region (RWQCB).
AUTHORIZED REPRESENTATIVE OF THE USER:
A. If the user is a corporation: The president or vice president.
B. If the user is a partnership or sole proprietorship: A general partner or proprietor, respectively.
C. If the user is a federal, state, or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
D. The individuals described in subsections A through C of this definition, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
BIOCHEMICAL OXYGEN DEMAND OR BOD: The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty degrees Centigrade (20°C), usually expressed as a concentration (e.g., mg/l).
BUILDING: Any structure erected for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind.
BUILDING AND PLUMBING CODES: The building and plumbing codes as adopted in section 9-1-1 of this code.
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 (5') outside the inner face of the building wall.
BUILDING SEWER: The extension from the building drain to the public sewer or other place of disposal.
BYPASS: The intentional diversion of waste streams from any portion of an industrial user's pretreatment facility.
CATEGORICAL INDUSTRIAL USER: All industrial users subject to categorical pretreatment standards.
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD: Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 USC section 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405-471.
CESSPOOL: An excavation in the ground which receives the discharge of a drainage system, or part thereof, so designed and constructed as to retain the organic matter and solids discharged therein, but permitting the liquids to seep through the bottom and sides.
CITY: The city of Reedley.
CITY ATTORNEY: The city attorney of the city of Reedley.
CITY CLERK: The city clerk of the city of Reedley.
CITY COUNCIL: The city council of the city of Reedley.
COMPLIANCE SCHEDULE: The period that is allowed by the city in which an industrial user must comply with its permit conditions or discharge requirements.
COMPOSITE SAMPLE: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
COUNTY: The county of Fresno or its designated representative.
COUNTY HEALTH OFFICER OR HEALTH OFFICER: The health officer for Fresno County.
DAILY MAXIMUM: The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
DAILY MAXIMUM LIMIT: The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DIRECTOR OF PUBLIC WORKS: The director of public works for the city of Reedley or his or her representative.
DRAINAGE SYSTEM: Shall mean and include all the piping within public or private premises which conveys sewage, or other liquid wastes, to a point of disposal, but shall not include the mains or laterals of a public sewer system.
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.
EXISTING SOURCE: Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage 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 fifteen (15) minutes.
GREASE INTERCEPTOR: A device for retaining grease or oil by gravity differential separation from waste effluent and of a design and capacity approved by the department having jurisdiction.
INDIRECT DISCHARGE OR DISCHARGE: The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act.
INDUSTRIAL USER OR USER: A source of indirect discharge.
INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sewage.
INSTANTANEOUS LIMIT: The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE: A discharge, which alone or in conjunction with a discharge or discharges from other sources, both: a) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and b) therefore, is a cause of a violation of the POTW's WDR/NPDES 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/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the clean water act; the solid waste disposal act, including title II commonly referred to as the resource conservation and recovery act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the solid waste disposal act; the clean air act; the toxic substances control act; the marine protection, research, and sanctuaries act; and 40 CFR 503 (sewage sludge regulations).
LOCAL LIMIT: Any requirement or prohibition against pollutant discharges from any nondomestic user, as established by the city, to address federal, state, and local regulations.
LOT: A single or individual parcel or area of land legally recorded, on which is situated a building together with the yards, courts, and unoccupied spaces legally required for the building and which is owned by or is in the lawful possession of the owner of the building.
MEDICAL WASTE: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, pharmaceutical wastes, and dialysis wastes.
NATIONAL PRETREATMENT STANDARD: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NEW SOURCE:
A. 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:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. 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.
B. 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 A2 or A3 of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous on site construction program:
a. ny placement, assembly, or installation of facilities or equipment; or
b. ignificant 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
2. ntered 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 subsection C2.
NONCONTACT COOLING WATER: Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
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 a violation of any requirement of the city's WDR/NPDES permit, including an increase in the magnitude or duration of a violation.
PERMIT: Any written authorization by the director of public works to install or construct sewers or to connect to and discharge to the POTW pursuant to this or any other regulation of the city.
PERSON: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH: A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT: 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, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
PREMISES: Any lot, piece or parcel of land, any building or other structure or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation.
PRETREATMENT: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT FACILITY: Any works or device for the treatment or flow limitation of sewage, liquid waste or industrial waste prior to its discharge into the POTW.
PRETREATMENT REQUIREMENTS: Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS: Prohibited discharge standards, categorical pretreatment standards, and local limits.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 8-2-5-1 of this chapter.
PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow condition normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension.
PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by the city of Reedley.
PUBLICLY OWNED TREATMENT WORKS OR POTW: A "treatment works", as defined by section 212 of the act (33 USC section 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.
REEDLEY MUNICIPAL CODE OR THIS CODE: The municipal code for the city of Reedley.
REGIONAL ADMINISTRATOR: Region IX of the environmental protection agency.
SAND INTERCEPTOR: A device for retaining sand, grit, or other mineral material by gravity differential separation from waste effluent, and of a design and capacity approved by the director of public works.
SANITARY SEWER: A sewer which carries sewage and wastewater, and to which storm, surface, and ground waters are not intentionally admitted.
SEPTIC TANK: A watertight receptacle which receives the discharge of a drainage system or part thereof, designed and constructed so as to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open joint piping, or a seepage pit meeting the requirements of this code.
SEPTIC TANK WASTE: Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE: Human excrement and gray water (household showers, dishwashing operations, etc.).
SEWER: A pipe or conduit for holding and carrying sewage and wastewater, including the manholes and all other appurtenant facilities which are necessary or convenient to the holding or carrying of sewage and wastewater, but shall not include house drain or plumbing within the house.
SEWER SERVICE: The services and facilities for treatment and disposal of sewage furnished or available to premises by the POTW.
SHALL/MAY: "Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER:
A. A user subject to categorical pretreatment standards; or
B. A user that:
1. Discharges an average of twenty five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
2. Contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
C. Upon a finding that a user meeting the criteria in subsection 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 petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SLUG LOAD OR SLUG DISCHARGE: Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 8-2-5-1 of this chapter. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violate the POTW's regulations, local limits or permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE: A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States office of management and budget.
STANDARD METHODS: The current edition of "Standard Methods For The Examination Of Water And Wastewater", published by the American Public Health Association.
STORM DRAIN (Sometimes Termed STORM SEWER): A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes.
STORMWATER: Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SUSPENDED SOLIDS: The total suspended matter that floats on the surface of, or is suspended in water, wastewater, or other liquid, and which is removable by laboratory filtering. This is also called suspended matter in standard methods.
UNSANITARY: A condition which is contrary to sanitary principles or is injurious to health. Conditions to which the word "unsanitary" shall apply include the following, but shall not be limited thereto:
A. The discharge of sewage to the atmosphere or the ground surface without proper treatment.
B. Any opening in a drainage system, except where lawful, which would permit the escape of gases or sewage or would permit persons to make physical contact with the sewage.
C. Faulty septic tanks or drainfields permitting sewage to seep or stand on the surface of the ground.
D. Any connection, cross connection, construction, or condition, temporary or permanent, which would permit or make possible by any means whatsoever for any amount of water or polluted waters to enter a water distribution system used for domestic purposes.
USER OR INDUSTRIAL USER: A source of indirect discharge.
WASTE DISCHARGE REQUIREMENTS OR WDR: Requirements issued to the City by the California Regional Water Quality Control Board for disposal of treated wastewater pursuant to Water Code section 13263.
WASTEWATER: Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT: That portion of the POTW that is designed to provide treatment of Municipal sewage and industrial waste.
WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2014-003, 7-22-2014)