CHAPTER 19. WASTEWATER DISCHARGE AND TREATMENT.
Article I. Administration and Definitions.
Sec. 19-1-4. Definitions.
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this chapter, shall have the meanings designated in this
“Act” means the Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended (33 USC Section 1251, et
“Administrator” means the Regional Administrator of
Region IX, United States Environmental Protection Agency.
representative of industrial user” or “authorized representative of
user” means an authorized representative of that user, who shall
(1) A responsible corporate officer, which means a president, secretary,
treasurer, or vice-president of the corporation in charge of a principal
business function; or any other person who performs similar policy or
decision-making functions for the corporation; or the manager of one or more
manufacturing, production or operation facilities employing more than two
hundred fifty persons, if authority to sign documents has been assigned or
delegated to the manger in accordance with corporate procedures;
general partner or proprietor if the industrial user is a partnership or sole
(3) A duly authorized representative of the
individual designated above if such authorization is in writing and the
representative is responsible for the overall operation of the facilities from
which the indirect discharge originates or if he has overall responsibility for
environmental matters for the company.
The written authorization shall be
submitted to the city. If an authorization is no longer accurate because a
different individual, position, or office has responsibility for the overall
operation of the facility, or overall responsibility for environmental matters
for the company, a new authorization must be submitted to the city prior to or
together with any reports to be signed by an authorized
“Baseline Monitoring Report” means an initial
report submitted by an industrial user determined to be subject to a
pretreatment standard pursuant to Section 19-5-1.
demand (BOD)” means the quantity of oxygen utilized in the oxidation of
organic matter under standard laboratory procedure, five days at twenty degrees
expressed in terms of weight and concentration (milligrams per liter
“Building sewer” means that portion of a side sewer
beginning at the plumbing or drainage outlet of any building or industrial
facility and running to the property line or to a private sewage disposal
“California Toxics Rule (CTR)” means water quality
objectives or standards specifically for the state of California promulgated by
the EPA pursuant to the Act and codified at 40 CFR Part
“Categorical industrial user (CIU)” means an industrial
user which on the basis of industrial activity must comply with pretreatment
standards with established discharge limitations as defined under 40 CFR
“Categorical standards” or “National Categorical
Pretreatment Standards” means any regulation containing pollution
discharge limits promulgated by the EPA in accordance with Sections 307(b) and
(c) of the Act (33 USC Section 1347), which applies to a specific category of
industrial users, including those standards promulgated in 40 CFR Chapter I,
“Cease and desist order” means a compliance
“Chemical oxygen demand (COD)” means the measure of
the chemically decomposable material in domestic wastewater or industrial
wastewater as represented by the oxygen used as determined by accepted
“City” means the city of
“Compliance directive” means an order, also known as a
cease and desist order, given by the director requiring a user to come into
compliance with a wastewater discharge permit, pretreatment standard,
pretreatment requirement, or other city wastewater requirement within a
specified period of time.
“Compliance schedule” means an order
issued to a user not in compliance with this chapter, which sets up a timetable
and deadlines to install the technology required to meet either a pretreatment
standard or a pretreatment requirement or to be in compliance with the other
requirements of this chapter.
“Consistent removal” means
reduction in the amount of a pollutant or alteration of the nature of the
pollutant by the WPCF to a less toxic or harmless state in the effluent which is
achieved by the WPCF in ninety-five percent of the samples taken when measured
according to the procedures set forth in 40 CFR 403.7(c).
water” means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
“Correction notice” means the use of personal contact,
telephone calls, or reminder letters to a user for the purpose of notifying the
user of a minor violation and to seek an explanation, correct a minor violation,
suggest the exercise of more due care or to notify the user that subsequent
violations of the same type may be dealt with more severely.
average” means determined by performing a twenty-four-hour composite with
samples collected and composited every half-hour over a twenty-four-hour
“Director” means the public works
“Discharge” or “indirect discharge” means
the introduction of pollutants or wastewater into the WPCF by any
“Discharger” means any person discharging waste to the
WPCF. The term is synonymous with “user.”
wastewater” means any liquid, solid, sewage or waterborne waste of the
type normally resulting from flushing and washing waste products from residences
“Environmental Protection Agency (EPA)” means
the U.S. Environmental Protection Agency.
means any source of discharge, the construction or operation of which commenced
prior to the publication by EPA of proposed pretreatment standards which will be
applicable to such course if the pretreatment standard is thereafter promulgated
in accordance with Section 307 of the Act.
“Grab sample” means a
sample which is taken from a wastestream on a one-time basis without regard to
the flow in the wastestream and over a period of time not to exceed fifteen
“Grit” means the heavy suspended mineral matter present
in water or wastewater such as sand, gravel or cinders.
user” means a discharger of industrial wastewater. Used in this chapter,
the term shall be generic and when used shall include CIUs, SIUs and
“Industrial wastewater” means any liquid
or waterborne waste from manufacturing, processing, commercial or industrial
facilities, except domestic waste, boiler blowdown, and uncontaminated or
noncontact cooling water: provided, however, that substantial discharge of
boiler blowdown closely associated with industrial activity shall be considered
industrial wastewater when such discharge has a reasonable potential to affect
or interfere with the WPCF, its treatment process, or operations as determined
by the director.
“Industrial wastewater discharge permit” means
a waste discharge permit issued to CIUs and SIUs.
means generally, a two or more compartment tank designed to prevent undesirable
materials from leaving a commercial or industrial site and entering the WPCF.
The tank allows adequate retention time so that wastewater may cool and the
material it contains may stabilize. In this chapter, the usage of the term is
generic and shall mean grease traps, sand traps or separators wherever they may
“Interference” means the inhibition or disruption of
the WPCF, its treatment processes or operations, or its sludge processes, use or
disposal which contributes to a violation of the WPCF's NPDES permit or prevents
sewage sludge use or disposal in compliance with applicable federal or state
statutes, regulations or permits.
“Lateral sewer” means the
portion of a side sewer lying within a public right-of-way connecting a building
sewer to the main sewer maintained by the city.
means specific prohibitions or limits on pollutants or pollutant parameters
developed by the city in accordance with 40 CFR 403.5(c) and contained in
Section 19-2-5. Such limits shall be deemed pretreatment
“Main sewer” means a public sewer designed to
accommodate more than one lateral sewer.
“Maximum allowable headworks
loading” means the maximum loading of a given pollutant that the WPCF can
accept without causing an exceedance of the most limiting of the following
(1) WPCF upset limits (activated sludge and/or anaerobic
(2) Pass-through limits (either NPDES discharge limits or water
(3) Sludge disposal limits;
(4) WPCF design
“Maximum allowable industrial headworks
loading” means the maximum loading of a given pollutant that can be
discharged by the sum total of all industrial users without causing an
exceedance of the most limiting of the following restrictions:
upset limits (activated sludge and/or anaerobic digestion);
limits (either NPDES discharge limits or water quality
(3) Sludge disposal limits;
(4) WPCF design capacity
“National Pollution Discharge Elimination System
(NPDES)” means any regulation developed under the authority of Section
307(b) of the Act and 40 CFR 403.5.
“National Pollution Discharge
Elimination System permit” or “NPDES permit” means a permit
issued pursuant to Section 402 of the Act (33 USC Section
“National Toxics Rules (NTR)” means water quality
objectives or standards promulgated by the EPA pursuant to the Act and codified
at 40 CFR part 131.
“Natural outlet” means outlet into a
watercourse, pond, ditch, lake or other body of surface water or
(1) Any building structure, facility,
installation or other source 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 new source if such pretreatment standards are thereafter
promulgated in accordance with that section; provided, that:
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 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 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) above but
otherwise alters, replaces or adds to existing process or production
(3) Construction of a new source as defined under this subsection
has commenced if the owner or operator has either:
(A) Begun, or caused to
begin, as part of a continuous on site construction program:
placement, assembly or installation of facilities or equipment;
(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;
(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 contract 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
“Noncontact cooling water” means water used for
cooling which does not come into direct contact with any additives, raw
material, intermediate product, waste product or finished
“Nondomestic wastewater” means wastewater from
industrial, commercial or other nonresidential sources. The term is synonymous
with industrial wastewater.
“Notice of violation” means a
written notice to a user that the city has determined that a violation of
pretreatment standards or pretreatment requirements exists and requiring the
noncompliance to be corrected and explained in a timely manner.
through” means a discharge which exits the WPCF in quantities or
concentrations which, alone or with discharges from other sources, may cause a
violation of the WPCF's NPDES permit, including an increase in the magnitude or
duration of a violation.
“Permit” means a wastewater discharge
permit issued by the city, including both industrial wastewater discharge
permits and pollution prevention permits.
“Person” means any
individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any
other legal entity, or their legal representatives, agents or assigns. The
masculine gender shall include the feminine and the singular shall include the
plural where indicated by the context.
“pH” means the logarithm
of the reciprocal of the weight of hydrogen ions in grams per liter of
“Pollutant” means any dredged spoil, solid waste,
incinerator residue, sewage, garbage, petroleum products or by-products, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial,
municipal, and agricultural waste discharged into water, which may effect
characteristics of wastewater (including pH, temperature, TSS, turbidity, color,
BOD, COD, toxicity or odor).
“Pollutant of concern” means any
pollutant or substance, the discharge of which is prohibited by Section 19-2-1,
General discharge prohibitions.
“Pollution” means the man-made
or man-induced alteration of the chemical, physical, biological and radiological
integrity of water.
“Pollution prevention permit” means a
wastewater discharge permit issued by the city to users who are neither SIUs nor
“Pollution prevention program” means a program to regulate
wastewater discharges not covered by the WIPP.
means the reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise introducing such
pollutants into a POTW. The reduction or alteration can be obtained by physical,
chemical or biological processes, or process changes by other means, except that
increase in the use of process water or other attempts to dilute a discharge of
wastewater are prohibited.
“Pretreatment requirements” means any
substantive or procedural requirement related to pretreatment, other than a
pretreatment standard, including but not limited to, local
“Pretreatment standard” means any National Categorical
“Public works director” means the public
works director of the city or the director's designee.
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
wastewater. It also includes sewers, pipes, pump stations, and other conveyances
which convey wastewater to a POTW.
“Sanitary sewer” means a
sewer which carries sewage and to which storm, surface and ground waters are not
“Sewage” means liquid and water-carried
industrial wastes and wastewater from residential dwellings, commercial
buildings, industrial and manufacturing facilities, or institutions, whether
treated or untreated, which are contributed to the WPCF.
system” means all facilities owned or controlled by the city, including
the WPCF, for collecting, pumping, treating and disposing of
“Show cause order” means an order for a user to appear
before the city to explain noncompliance and why enforcement action should not
“Side sewer” means the sewer line beginning at the
foundation wall of any building and terminating at the main sewer and including
the building sewer and lateral sewer together.
user (SIU)” means:
(1) Any categorical industrial user (CIU) in
accordance with 40 CFR 403.6 and 40 CFR Chapter I, subchapter N;
other industrial user which:
(A) Discharges an average of twenty-five
thousand gallons or more per day;
(B) Contributes a process wastewater which
makes up five percent or more of the dry weather average hydraulic or organic
capacity of the WPCF; or
(C) Is designated as such by the city on the basis
that it has a reasonable potential for adversely affecting the WPCF's operation,
for violating a pretreatment standard or pretreatment requirement, or for
causing pass through of pollutants, sludge contamination, or endangerment of
WPCF workers or the public.
“Significant noncompliance” means
violation by an industrial user of one or more of the specified criteria listed
in 40 CFR 403.8(f)(2)(vii).
“Slug discharge” means any discharge
containing an unusual volume of flow or concentration of liquid, water, sewage,
wastewater or pollutants.
“Spill” means a release, whether
accidental or intentional, of a material.
Classification (SIC)” means a classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of
Management and Budget.
“State” means the state of
“Stormwater” means any flow occurring during or
following any form of natural precipitation and resulting from
“Total suspended solids” means the total suspended matter
that either floats on the surface of or is suspended in water, sewage or other
liquids and which is removable by laboratory filtering.
pollutant” means any pollutant or combination of pollutants listed as
toxic in 40 CFR 401.15.
“User” means any person who discharges,
contributes, causes, or permits the contribution of wastewater into the
“Wastewater” means liquid and water-carried wastes and
sewage from residential dwellings, commercial buildings, industrial and
manufacturing facilities, or institutions, whether treated or
“Watercourse” means a channel or depression in which
a flow of water occurs, either continuously or
“Wastewater discharge permit” means either an
industrial wastewater discharge permit or pollution prevention permit issued by
the city and establishing limitations on the discharge of
“Wastewater pollution control facility (WPCF)” means
the POTW owned and operated by the city.
plant” means a POTW or portions of a POTW which provide treatment of
wastewater. (Ord. No. 1271, § 1 (part).)