For the purpose of this Article, the following definitions shall apply:
(a) Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
(b) Approved Side Sewer. A sewer constructed and maintained in accordance with applicable City laws and regulations.
(c) Baseline Monitoring Report. A comprehensive report submitted to the General Manager by certain dischargers pursuant to Section 127. This report shall comply with the requirements of federal regulations at 40 CFR 403.12(b)(1990), which is incorporated by reference in this Article.
(d) Bioaccumulative Toxic Substance. A toxic substance that concentrates in living organisms through direct assimilation or accumulation in the food chain, as defined in Title 22, California Code of Regulations and any amendments thereto.
(e) Biochemical Oxygen Demand (BOD) Test. The empirical bioassay-type procedure specified in federal regulations at 40 CFR Part 136 (1990) that measures the dissolved oxygen consumed by microbial life while assimilating and oxidizing the organic matter present.
(f) Categorical Pretreatment Standard or Pretreatment Standard. A regulation containing pollutant discharge limits promulgated by the United States Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of the Act.
(g) City. The City and County of San Francisco.
(h) Class I Permit. An order issued by the General Manager that grants a significant industrial user permission to discharge into the City's sewerage system.
(i) Class II Permit. An order issued by the General Manager that grants a minor discharger permission to discharge into the City's sewerage system.
(j) Department. Unless otherwise stated, the Public Utilities Commission of the City and County of San Francisco.
(k) General Manager. The General Manager of the Public Utilities Commission of the City, or a designated representative of the General Manager.
(l) Discharge. The direct or indirect introduction of pollutants or wastewater into the sewerage system.
(m) Discharger. The owner of record, lessee, sublessee, mortgagee in possession, or any person, whether located within or outside City boundaries, that (i) discharges or threatens to discharge pollutants into the sewerage system, or (ii) is responsible for the process which directly or indirectly introduces pollutants into the sewerage system.
(n) Flammable or Explosive Substances. Pollutants which create a fire or explosion hazard in the sewerage system, including, but not limited to, pollutants with a closed cup flashpoint of less than 140Fahrenheit (60Celsius), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3828-81.
(o) Grab Sample. An individual sample of wastewater collected over a period of time not exceeding 15 minutes, as defined in federal regulations at 40 CFR 403.7(d)(2)(iv) (1990).
(p) Hydrocarbon Oil and Grease. The empirical test for that fraction of total recoverable oil and grease that is of a petroleum nature as specified in federal regulations at 40 CFR Part 136 (1990).
(q) Industrial User. Used interchangeably with Discharger.
(r) Interference. An inhibition or disruption of the sewerage system, treatment processes or operations, or sludge processes, including the use or disposal of sludge, which causes or threatens to cause a violation of any requirement of the City's permits to operate sewage treatment facilities as defined by State or federal laws and regulations. Violations include, but are not limited to, an increase in the magnitude or duration of a violation and the prohibition of City use or disposal of sludge.
(s) Minor Discharger. A discharger other than a significant industrial user.
(t) New Source. Any person who becomes or may become a discharger subject to this Article under the following circumstances:
(i) The person proposes to discharge wastewater into the sewerage system or submits a Class I or Class II permit application for the proposed initial wastewater discharge from any location, or (ii) the person submits a permit application for a proposed discharge of trucked waste under Section 124(d), or (iii) the person is notified that a proposed discharge, or a modification or addition to an existing discharge, will be subject to Categorical Pretreatment Standards pursuant to a certification under 40 CFR 403.6 (1990), or any amendment thereto, or (iv) the discharge results from a new source as defined in 40 CFR 403.3(k) (1990), regardless of when a permit application is submitted, or (v) the discharge is determined to be subject to any new source requirements of this Article by the General Manager.
(u) Ninety Day (90-Day) Compliance Report. A compliance report submitted to the General Manager by certain dischargers pursuant to Section 127(d) or a permit, notifying the General Manager whether compliance has been or is being achieved. For Class I permittees, this report shall comply with the requirements of federal regulations at 40 CFR 403.12(d) (1990), which are incorporated by reference in this Article.
(v) NPDES (National Pollutant Discharge Elimination System) Permit. Any permit issued to the City by the United States Environmental Protection Agency or the State of California, applicable to the City's discharges from the sewerage system into the receiving waters pursuant to Section 402 of the Act.
(w) Order. A written determination, revocation, authorization, permission, or document issued by the General Manager pursuant to this Article.
(x) Pass-Through. A discharge that enters receiving waters through the sewerage system in quantities or concentrations which alone, or in combination with a discharge or discharges from other sources, causes or threatens to cause a violation of the City's NPDES permits, including an increase in the magnitude or duration of a violation.
(y) Permit. Authorization issued to a discharger by the General Manager pursuant to Sections 124 and 125 allowing the discharge of wastewater into the City's sewerage system in accordance with all applicable laws and regulations.
(z) Person. An individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, any group or a combination acting as unit, the United States of America, the State of California and any political subdivision of either thereof, or any public entity organized pursuant to the laws of the United States of America or the State of California.
(aa) Pollutant. The term pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, any substances listed in Section 123(a), (b), (c) or (e) of this Article, and industrial, municipal, or agricultural waste, which is or may be introduced into the City's sewerage system.
(bb) Properly Ground Garbage. The wastes from the preparation, cooking, and dispensing of food which has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the sewerage system.
(cc) Quarterly Reports. Reports submitted by a Class I permit holder to the General Manager as provided in EPA regulations at 40 CFR 403.12(e) (1990), which are incorporated by reference in this Article.
(dd) Receiving Waters. The waters contiguous to the City, including, but not limited to, Central Basin, China Basin, India Basin, Islais Creek Channel, the Pacific Ocean, San Francisco Bay, South Basin, and South Bay.
(ee) Sewerage System. All public facilities for collecting, transporting, treating and disposing of stormwater and pollutants in wastewater. The sewerage system includes facilities owned and operated by public entities other than the City, where such facilities direct wastewater into the sewerage system and are subject to the jurisdiction of the City as defined by law, contract, or interjurisdictional agreement.
(ff) Sewer Service Charge. The charge assessed for collecting, transporting, treating and disposing of wastewater in accordance with this Article, Articles 4.2 and 4.3 of the Public Works Code, as amended from time to time, and annual rate resolutions adopted by the Board of Supervisors.
(gg) Significant Industrial User. A person that is:
(1) Subject to Categorical Pretreatment Standards; or
(2) Discharges 25,000 gallons per day or more of wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewater; or
(3) Discharges wastewater that constitutes five percent or more of the average dry-weather hydraulic or organic (BOD, TSS) capacity of the tributary water pollution control plant; or
(4) Discharges a wastestream that, in the opinion of the General Manager, will or may adversely affect the sewerage system by causing interference, pass-through of pollutants, sludge contamination, or endangerment of City workers.
(hh) Significant Noncompliance. For purposes of Section 135 of this Article, a discharger 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 66 percent 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 percent or more of all of the measurements taken during a six-month period equal or exceed the product of the daily average maximum limit or the 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 discharge limitation that the General Manager believes has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of Department personnel or the general public);
(4) Any discharge of a pollutant that may cause imminent endangerment to human health, welfare or to the environment and has resulted in the General Manager's exercise of his or her emergency authority to halt or prevent such a discharge;
(5) Violation, by 90 days or more after the schedule date, of a compliance schedule milestone contained in any permit or order issued by the General Manager, for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, quarterly monitoring reports, compliance schedule progress reports, and any other reports required by the General Manager within 30 days of the due date;
(7) Failure to accurately report noncompliance; or
(8) Any other violations or group of violations which the General Manager determines will adversely affect the operation of the sewerage system or implementation of this Article.
(ii) Sludge or Sewage Sludge. A liquid, semisolid or solid residue that contains material removed during the treatment of wastewater discharged from domestic and nondomestic sources.
(jj) Soluble Threshold Limit Concentration (STLC). The concentration of a solubilized and extractable bioaccumulative or persistent toxic substance which, if equaled or exceeded in a waste, renders the waste hazardous as defined in Title 22, California Code of Regulations and its amendments.
(kk) Total Recoverable Oil and Grease. The empirical test for oil and grease, whether petroleum based or otherwise, as defined by EPA analytical methodology provided in federal regulations at 40 CFR Part 136 (1990).
(ll) Total Suspended Solids (TSS) Test. The empirical test for total suspended solids (or nonfilterable residue), specified in federal regulations at 40 CFR Part 136 (1990) that defines those solids that are retained by a glass filter and dried to constant weight at 103-105 degrees Celsius.
(mm) Trucked Waste Discharger. Persons who discharge wastewater into the sewerage system by truck hauling, rail access, a dedicated pipeline, or any means other than an approved side sewer.
(nn) Wastewater. Water containing pollutants, including sanitary waste and stormwater, which is or may be discharged into the sewerage system by any person subject to this Article.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)