Unless otherwise defined in this section, engineering terms shall be as adopted in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by Standard Methods unless stated expressly or as established by federal or state regulatory agencies. Definitions as found in Chapter
8-1 of this Code are applicable to this chapter also; however, definitions in this chapter shall take precedence:
means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C.
1251, et seq.
means the person making application for a permit for the
use of the City's wastewater collection and treatment system, who
shall be the owner of the premises to be served or his authorized
agent.
"Approval authority"
means the Director in an NPDES state with an approved State
pretreatment program and the appropriate Regional Administrator in
a non-NPDES state or NPDES state without an approved state pretreatment
program.
"Authorized industrial representative"
means a legally authorized representative of an industrial
user, who may be:
(A)
A principal executive officer of at least the level of vice-president,
if the industrial user is a corporation;
(B)
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively;
(C)
A duly authorized representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
"Available sewer"
means a community sewer within 200 feet of the property line
of any premises.
"Beneficial uses"
means uses of the waters of the State that may be protected
against quality degradation that include, but are not necessarily
limited to, domestic, municipal, agricultural, and industrial supply,
power generation, recreation, aesthetic enjoyment, and the preservation
and enhancement of fish, wildlife and other aquatic resources or reserves,
and other uses, both tangible and intangible as specified by federal
or State law.
"BOD" (biochemical oxygen demand)
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in
five days at 20 degrees Celsius, expressed in milligrams per liter.
"Brine waste"
means a concentrated solution of dissolved solids which may
be produced as a result of regeneration of a water softener exchange
bed that has been used to soften water from a source that meets State
and federal drinking water standards.
"Building"
means a structure used for any purpose which contains a fixture,
plumbing system or sanitary facility of any type.
"Chemical oxygen demand"
means the quantity of chemically oxidizable material in wastewaters
as determined by standard laboratory procedure, expressed in milligrams
per liter.
"Chlorinated hydrocarbons"
means chlorinated organic compounds, insecticides, fungicides
and herbicides that include at least the following: DDT, DDE, DDD,
2,4-D, 2,4,5-T, aldrin, benzene hexachloride, chlordane, endrin, heptachlor,
lindane, dieldrin, PCB's and arochlors.
"Chlorine demand"
means the quantity of chlorine required to produce a given
residual at a given contact time from the City's wastewater treatment
plant expressed in milligrams per liter.
"Class I user"
includes all persons discharging wastewater from single-family
dwellings, multifamily dwellings, auto courts, trailer parks, motels,
hotels, rooming houses, boardinghouses and rest homes.
"Class II user"
includes all persons discharging wastewater from office buildings,
commercial houses, schools, churches, club and lodge buildings, industries
and all institutional users where it is determined by the Director
of Utilities that the user discharges primarily sanitary sewage.
"Class III user"
includes all industrial dischargers except those where it
is determined by the Director of Utilities that the user discharges
primarily sanitary sewage or is classified as a Class IV user.
"Class IV"
user includes any user identified as a categorical industry
by the Federal Pretreatment Regulations, and all users that discharge
either more than 25,000 gallons per day (3,342 cubic feet per day)
of wastewater, or a flow or pollutant loading of more than 5% of the
treatment plant design capacity, or has in its waste a toxic pollutant
in toxic amounts as defined in standards issued under Section 307(a)
of the Federal Act, or is found by the Director of Utilities to have
a significant impact, either singly or in combination with other contributing
industries, on the wastewater collection and treatment system.
"Community sewer"
means a sewer owned and operated by the City or other public
agency tributary to a treatment facility operated by the City.
"Compatible pollutant"
means BOD, suspended solids, pH and fecal coliform bacteria,
plus additional pollutants identified in the City's General Waste
Discharge Requirement National Pollution Discharge Elimination System
(NPDES) permit if and when such permit is required and if the City-owned
treatment works was designed to treat such pollutants, and in fact
does remove such pollutants to a substantial degree as defined by
the Federal Act.
"Connection"
means the physical attachment of a building, premises, fixture,
plumbing system, trap, pretreatment facility or any other facility
discharging wastewater to a community sewer.
"Consultant"
means a registered civil engineer engaged by written contract
with the City.
"Contamination"
means an impairment of the quality of waters by waste which
creates a hazard to public health through poisoning and/or spread
of disease.
"Control authority"
means:
(A)
The POTW if the POTW's submission for its pretreatment program
has been approved; or
(B)
The approval authority if the submission has not been approved.
"Director"
means the Chief Administrative Officer of a State or Interstate
Water Pollution Control Agency with an NPDES permit program approved
pursuant to Section 402 (b) of the Act and an approved state pretreatment
program.
"Discharger"
means any person who discharges, causes or permits the discharge
of wastewater into the City wastewater collection and treatment system.
"Dissolved oxygen"
means the quantity of oxygen dissolved in water, wastewater
or effluent at a given temperature and atmospheric pressure expressed
in milligrams per liter.
"Dissolved solids"
means the solid matter in solution in wastewater, as determined
by evaporation of a sample from which all suspended matter has been
removed by filtration, in accordance with procedures in Standard Methods.
"Effluent"
means wastewater or other liquid, partially or completely
treated, or in its natural state, or any portion thereof flowing out
of a reservoir, basin, treatment plant or industrial pretreatment
facility.
"Federal Act"
means the Federal Water Pollution Control Act, PL 92-500,
and any amendments thereto, as well as any guidelines, limitations
and standards promulgated by the Environmental Protection Agency pursuant
to the Act.
"Fixture"
means lavatory, tub, shower, water closet, garbage disposal
or other facility connected by a plumbing system to a sewer.
"Fixture unit"
means 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, a nonprofit organization.
"Force main"
means a pipe or conduit for holding and carrying wastewater
under pressure from a pumping or lift station to a manhole.
"Garbage"
means putrescible animal, fish, fowl, fruit or vegetable
refuse or any part thereof resulting from the preparation, storage,
handling, processing or consumption of food.
"Holding tank waste"
means any waste from holding tanks such as chemical toilets,
campers, trailers, septic tanks and vacuum pump tank trucks.
"Incompatible pollutant"
means any pollutant which is not a compatible pollutant,
and cannot be treated by the POTW treatment process.
"Industrial discharger"
means any non-governmental discharger to publicly owned treatment
works, as identified in the Standard Industrial Classification Manual,
1972, Office of Management and Budget, as amended and supplemented,
under the following divisions:
(D)
Division E.
Transportation, Communications, Electric, Gas and Sanitary;
(E)
Division I.
Services.
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A discharger in the divisions listed may be excluded if it is
determined by the Director of Utilities that it will introduce primarily
segregated sanitary sewage.
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"Industrial discharge"
means the introduction of pollutants into a POTW from any
non-domestic source regulated under Section 307 (b), (c) or (d) of
the Act.
"Industrial user"
means a source of discharge into a community sewer from a
non-sanitary source. Same as "industrial discharger."
"Industrial waste inspector"
means the regulatory compliance specialist who represents
of the Director of Utilities and who is specifically authorized as
industrial waste inspector.
"Institutional discharger"
means any public or nonprofit school, church, hospital, lodge,
club, Fire Department, library, memorial building or other public
or nonprofit activity.
"Interference"
means 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 violation of any requirement of the
POTW's NPDES/WDR 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 thereunder (or more stringent state
or local regulations): Section 405 of the Clean Water Act, the Solid
Waste Act (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, and the Marine
Protection, Research and Sanctuaries Act. (40 CFR
404.3.)
"Manhole"
means a structure constructed over and around a sewer extending
to the surrounding grade, to allow access, inspection, sampling, flow
measurement and cleaning of the sewer.
"Mass emission rate"
means the weight of material discharged to the collection
system during a given time interval. Unless otherwise specified, the
mass emission rate means pounds per day of a particular constituent
or combination of constituents.
"Natural outlet"
means any outlet into a watercourse, pond, ditch, lake or
other body of surface or groundwater.
"New source"
means any building, structure, facility or installation from
which there is or may be a discharge, the construction of which commenced:
(A)
After promulgation of pretreatment standards under Section 307
(c) of the Act which are applicable to such source; or
(B)
After proposal of pretreatment standards in accordance with
Section 307 (c) of the Act which are applicable to such source, but
only if the standards are promulgated in accordance with Section 307
(c) within 120 days of their proposal.
"Nuisance"
means anything which is injurious to health or is indecent
or offensive to the senses or an obstruction to the free use of property
so as to interfere with the comfort or enjoyment of life or property
and which occurs at the same time in an entire community or neighborhood
or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
"Pass through"
means a discharge which exits the POTW into waters of the
United States 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 POTW's NPDES permit (including
an increase in the magnitude or duration of violation). (40 CFR
404.3.)
means written authorization by the Director of Utilities
to connect to and discharge to the City wastewater collection and
treatment system pursuant to this chapter or any ordinance of the
City.
"Person"
means any individual, partnership, firm, association, corporation
or public agency including the State and the United States of America.
"pH"
means the logarithm of the reciprocal of the quantity of
hydrogen ion in moles per liter of solution used in expressing both
acidity and alkalinity on a scale ranging from zero to 14 where seven
represents neutrality, numbers less than seven increasing acidity,
and more than seven increasing alkalinity.
"Phenolic compounds"
means a class of organic aromatic compounds characterized
by a basic structure of a monohydroxy derivative of benzene that includes
but is not limited to phenol, cresol (m, o and p), pyrogallic acid,
all chlorinated phenols including pentachlorophenol, nitrophenol and
2, 4-dimethylphenol.
"Plumbing system"
means the fixtures and fixture traps, the soil, waste and
vent pipes; the building drain and building sewer with their devices,
appurtenances and connections within and adjacent to the building.
"Pollution"
means an alteration of the quality of the waters of the State
by waste to a degree which unreasonably affects such waters for beneficial
use or for facilities which serve such beneficial uses. "Pollution"
may include contamination.
"Premises"
means a parcel of real property, or portion thereof, including
any improvements thereon, which is determined by the Director of Utilities
to be a single unit for purposes of receiving, using and paying for
wastewater disposal service. In making this determination, the Director
of Utilities shall take into consideration such factors as whether
the unit could be reasonably subdivided, number and location of side
sewers and whether the unit is being used for a single activity and
if not, what is the principal need for wastewater disposal services.
"Pretreatment"
means 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 discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by Section 1403.6 (d) of the
Act. Appropriate pretreatment technology includes control equipment,
such as equalization tanks or facilities, for protection against surges
or slug loadings that might interfere with or otherwise be incompatible
with the POTW. However, where wastewater from a regulated process
is mixed in an equalization facility with unregulated wastewater from
another regulated process, the effluent from the equalization facility
must meet an adjusted pretreatment limit calculated in accordance
with Section 1403.6 (e).
"Pretreatment facility"
means any works or device for the treatment or flow limitation
of wastewater or industrial wastewater, prior to discharge into a
community sewer.
"Pretreatment requirements"
means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard imposed
on an industrial user.
"Promulgate"
means the execution of a law, order, ordinance or resolution.
"Publicly Owned Treatment Works," "POTW,"
means a treatment works as defined by Section 212 of the
Act, which is owned by a state or municipality (as defined by Section
502 (4) of the Act). This definition includes any devices and systems
used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers,
pipes and other conveyances only if they convey wastewater to a POTW
treatment plant. The term also means 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.
"Qualified professional"
means an individual properly licensed in the State of California
to practice civil engineering and sanitary engineering.
"Radioactive waste"
means wastes that contain chemical elements that spontaneously
change their atomic structure by emitting any particles, rays or energy
forms.
"Receiving water quality requirements"
means requirements for the City's wastewater treatment plant
effluent and/or the waters to which such effluent is discharged, established
by law or by state or federal regulatory agencies, for the protection
of receiving water quality or receiving water users.
"Revenue program"
means a system of charges and fees established for the use
of the City's wastewater collection and treatment system and all supporting
data used in determining these charges and fees. The revenue program
shall meet applicable requirements of the State Clean Water Grant
Program and the Federal Act.
"Sanitary sewage"
means wastewater and all waste substances, liquids or solids
associated with human habitation, but excluding storm waters, surface
waters and ground waters, and industrial wastes.
"Salt efficiency rating"
means the efficiency of the use of sodium chloride salt in
the regeneration of a water softening appliance, expressed in terms
of hardness removal capacity of the appliance per pound of such salt
used in the regeneration process. The units of salt efficiency rating
are grains of hardness removed per pound of salt used. One grain of
hardness per gallon is approximately equivalent to 17.1 milligrams
of hardness per liter.
"Sewer"
means a pipe or conduit for holding and carrying wastewater,
including manholes and all other appurtenant facilities which are
necessary or convenient to the holding or carrying of wastewater.
(B)
"Interceptor sewer"
means a publicly owned sewer in a public right-of-way receiving
the discharges from local or trunk sewers and conveying the wastewater
to the wastewater treatment plant.
(C)
"Lateral sewer"
means that portion of the side sewer which is within the
public right-of-way.
(D)
"Local sewer"
means a publicly owned sewer in a public right-of-way to
which side sewer connections from private properties are or may be
connected for the disposal of domestic or industrial waste and is
less than 10 inches in diameter.
(E)
"Side sewer"
means the privately owned and maintained sewer which connects
the plumbing system of the building or a premises to the main sewer.
The side sewer begins at the point of connection to the main sewer,
including the wye, and terminates at the point of connection to the
building drain five feet outside the foundation line or building wall.
"Side sewer" includes the lateral sewer and the house sewer.
(F)
"Trunk sewer"
means a publicly owned sewer 10 inches in diameter and larger
in a public right-of-way receiving the discharge from one or more
local sewers and conveying the wastewater to another trunk sewer or
to an interceptor sewer.
"Significant industrial user"
means, except as provided in paragraph (C) of this subsection:
(A)
All industrial users subject to categorical pretreatment standards
under Title
40 of the Code of Federal Regulations, Section 403.6 and
Chapter I, Subchapter N; and
(B)
Any other industrial user that: discharges an average of 25,000
gallons per day or more of process wastewater to the POTW (excluding
sanitary, non-contact cooling and boiler blow down wastewater); contributes
5% or more of the average dry weather hydraulic or organic capacity
of the POTW; or is designated as such by the control authority as
defined in Section
403.12(a) of Title 40 of the Code of Federal Regulations
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 Section 403.8(f)(6)).
(C)
Upon a finding that an industrial user meeting the criteria
in subdivision (B) of this subsection has no reasonable potential
for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement, the control authority (as defined
in 40 CFR
403.12(a)) 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)(8), determine that such industrial
user is not a significant industrial user.
"Significant noncompliance"
means that an industrial user's violation meets one or more
of the following criteria:
(A)
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;
(B)
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, oils and grease, and
1.2 for all other pollutants except pH).
(C)
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the control authority determines
has caused, alone or in combination with other discharges, interferences
or pass through (including endangering the health of POTW personnel
or the general public);
(D)
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 (under 40 CFR
403.8
paragraph (f)(1)(vi)(B)) to halt or prevent such a discharge;
(E)
Failure to meet, within 90 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;
(F)
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;
(G)
Failure to accurately report noncompliance;
(H)
Any other violation or group of violations which the control
authority determines will adversely affect the operation or implementation
of the local pretreatment program.
"Slug"
means any discharge of water, wastewater or industrial waste
which in concentration of any given constituent or in quantity of
flow exceeds for any period of duration longer than 15 minutes more
than three times the average 24 hour concentration or flows, and any
pollutant, including oxygen demanding pollutants (BOD, etc.) released
in a discharge at a flow rate and/or pollutant concentration which
will cause interference with the POTW.
"Solid wastes"
means the non-liquid-carried wastes normally considered to
be suitable for disposal with refuse at sanitary landfill refuse disposal
sites.
"Standard Methods"
means the procedures described in the latest edition of Standard
Methods for the Examination of Water and Wastewater, as published
by the American Public Health Association, the American Water Works
Association and the Water Pollution Control Federation. Elements of
wastewater strength shall be measured by standard methods unless otherwise
expressly stated.
"Storm water"
means waters that shall not be discharged into a community
sewer and include, but are not limited to, rainwater, street drainage,
roof drainage or yard drainage.
"Suspended solids," "SS,"
means solids that either float on the surface of or are in
suspension in water, wastewater or other liquids and which are removable
by laboratory filtering.
"Toxic pollutant"
means any pollutant or combination of pollutants listed as
toxic in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA Section 307 (a) or other
acts.
"Trade secret"
means any formula, plan, pattern, process, tool, mechanism,
compound, procedure, production data or compilation of information
which is not patented, which is known only to certain individuals
within a commercial concern who are using it to fabricate, produce
or compound an article of trade or a service having commercial value,
and which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
"Trap"
means 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 a community sewer.
"Unpolluted water"
means water to which no constituent has been added, either
intentionally or accidentally, which would render such water unacceptable
to the agency having jurisdiction thereof for disposal to storm or
natural drainages or directly to surface waters.
"User"
means any person that discharges, causes or permits the discharge
of wastewater into a community sewer.
"User classification charge"
means a charge established to obtain equitable payment from
all dischargers for the cost of construction, operation and maintenance
of the wastewater collection and treatment facilities.
"Waste"
includes wastewater and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with human habitation,
or of human or animal origin, or from any producing, manufacturing
or processing operation of whatever nature, including such substances
placed within containers of whatever nature prior to and for the purposes
of disposal.
"Wastewater"
means waste and water, whether treated or untreated, discharged
into or permitted to enter a community sewer.
"Wastewater constituents and characteristics"
means the individual chemical, physical, bacteriological
and radiological parameters, including volume and flow rate and such
other parameters which serve to define, classify or measure the contents,
quality, quantity and strength of wastewater.
"Wastewater treatment plant"
means the City's wastewater treatment facilities designed
and operated to remove compatible pollutants to a degree which renders
the effluent acceptable for receiving uses and to meet permit and
all jurisdictional requirements. A "wastewater treatment plant" is
the same as a "POTW."
"Watercourse"
means a channel in which a flow of water occurs either continuously
or intermittently.
"Waters of the State"
means any water, surface or underground, including saline
waters, within the boundaries of the State.
"Water softener"
means a unit using the ion exchange process designed to remove
hardness (magnesium and/or calcium ions) from a water supply and requiring
sodium chloride or any other salt to regenerate the exchange resin.
Units that regenerate on location are referred to as "on-site regeneration
units." For the purpose of this section, "on location" shall mean
that the unit need not be disconnected from the fixed plumbing and
relocated to accommodate the regeneration process. On-site regeneration
water softener shall further be described as a water softener which
has been manufactured, or appropriately retrofitted with equipment
to enable the unit to operate with a salt efficiency rating in compliance
with a minimum rating as established by Section
4045 et seq. of the
Health and Safety Code, but in no case less than three thousand, three
hundred fifty (3,350) grains of hardness removed per pound of salt
applied.
means a system of controlling the periodic automatic regeneration
of a water softener appliance, which is either based on a sensor which
detects imminent exhaustion of the exchange bed or upon measurement
of the total volume of water that has passed through the appliance
since the last regeneration cycle.