City of Sunnyvale, CA SEWERAGE SYSTEM

If the user is a corporation:

The president, secretary, treasurer, or a 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit [or general permit (optional)] requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;

"Best management practices" or "BMPs"

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 subsection, may designate a duly 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.

"Beneficial uses"

means uses of the waters of the city or state which may, or do, require protection against quality degradation thereof, including, but not necessarily limited to, waters for domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment, or navigation purposes, or for the protection and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible and intangible, as are or may be specified by federal or state law as beneficial uses.

means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 12.12.020 (a) and (b), and the local limits on wastewater in Section 12.12.120(c). BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Building sewer or lateral"

means a sewer conveying wastewater from the premises of any user to the city POTW.

"Categorical industrial user"

means an industrial user subject to a categorical pretreatment standard or categorical standard.

"Categorical pretreatment standard" or "categorical standard"

means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. S0ection 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 471.

"City"

means the city of Sunnyvale.

"Clean water act"

means the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq.

"Commercial user"

means any nonresidential user that the director determines will introduce primarily domestic sewage, or treated groundwater acceptable to the director, to the sewerage system. Classes of commercial users are:

"Standard strength" commercial users are all commercial users unless their wastewater has the characteristics of low strength or high strength, as defined below.

"Low strength" commercial users are:

Laundromats;

Car washes;

Users who discharge groundwater to the sanitary sewer; or

(iv)

Commercial businesses whose sanitary sewer discharges have total suspended solids less than or equal to one hundred ten mg/L and total organic carbon less than or equal to seventy-five mg/L, based on a minimum annual average of four random samples taken approximately quarterly by water pollution control plant staff, or any additional number of samples as determined to be necessary by the director to characterize the discharge.

"High strength" commercial users are:

Accommodation or food service establishments as defined by the North American Industry Classification System (NA-ICS) Sector 72, where food or beverages are served;

Wholesale bakeries;

"Environmental protection agency" or "EPA"

Existing markets with garbage disposals; or

(iv)

Commercial businesses whose sanitary sewer discharges have total suspended solids greater than or equal to six hundred mg/L or total organic carbon greater than or equal to five hundred mg/L, based on an annual average of a minimum of four random samples taken approximately quarterly by water pollution control plan staff, or any additional number of samples as determined to be necessary by the director to characterize the discharge.

"Daily maximum"

means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

"Daily maximum limit"

means 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.

"Diluting waters"

means noncontact cooling water, boiler blowdown, domestic sewage, groundwater, stormwater, surface drainage, reverse osmosis reject or potable waters which are not part of an industrial process and which do not contain priority pollutants but which are combined with industrial process wastewater prior to the monitoring point for industrial waste discharge.

"Director"

means the director of environmental services or, where applicable, the director of public works of the city, or designees.

means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

"Existing source"

means any source of discharge that is not a "new source."

"Fats, oils, and grease" or "FOG" or "oil and grease"

means any compound detectable and measurable using approved analytical test procedures established in 40 CFR 136, as may be amended from time to time for the analysis of oil and grease. These detectable compounds may include petroleum hydrocarbons, vegetable oils, animal fats, waxes, soaps, greases and related compounds.

"Food service establishment" or "FSE"

means commercial or institutional establishments primarily engaged in activities of preparing, serving, or otherwise making food available for retail sale and/or consumption by the public such as restaurants, commercial kitchens or caterers, and those portions of the following facilities engaged in similar activities: hotels, schools, hospitals, and care institutions.

"Grease removal device"

means any device, unit, or installation for separating and retaining waterborne fats, oils and greases, or grease complexes as well as settleable solids prior to the discharge of wastewater to the sanitary sewer. All such installations, whether sub-surface or above ground, regardless of size, including sand and oil/water separators as well as two-compartment sumps, are referred to as grease removal devices.

"Grease trap"

means a device designed to retain FOG from one to a maximum of four fixtures. Such traps are typically compact under-the-sink units near food preparation areas.

"Grease interceptor"

means a structure or device designed to retain FOG of at least seven hundred fifty gallon capacity to serve one or more fixtures and which shall be remotely located. These devices are often below-ground units in outside areas and are built as two- or three-chamber baffled tanks.

"Health official"

means the Santa Clara County health department or California Department of Health Services health official, his or her assistants, or his or her authorized personnel acting as health official of the city.

"Holding tank waste"

means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and tank trucks.

"Indirect discharge" or "discharge"

means the introduction of pollutants into the POTW from any nondomestic source.

"Industrial waste"

means the waste and wastewater from any production, manufacturing or processing operation of whatever nature including institutional and commercial operations where wastewater is used for the removal of significant quantities of waste other than from domestic sewage from premises connected to the city's POTW.

"Interference"

means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

"Interim wastewater discharge permit"

Is a cause of a violation of any requirement of the city's 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 provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal 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, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

is an approval to commence or continue a wastewater discharge to the POTW until conditions are met to obtain a wastewater discharge permit.

"Local limit"

means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in Section 12.12.020.

"Medical waste"

means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

"National pollution discharge elimination system permit" or "NPDES permit"

means Order No. CA0037621 as adopted by the San Francisco Bay Regional Water Quality Control Board under Section 402 of the Act and any related amendments or orders.

"New source:"

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:

The building, structure, facility, or installation is constructed at a site at which no other source is located; or

The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

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.

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) of this section, but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous onsite construction program:

(A)

Any placement, assembly, or installation of facilities or equipment; or

(B)

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

"Noncontact cooling water"

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 subsection.

means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"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 city's NPDES permit, including an increase in magnitude or duration of a violation.

"Person"

means any individual, partnership, 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"

means a measure of the acidity or alkalinity of a solution, expressed in standard units.

"Pollutant"

means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, 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"

means a parcel of real estate, or portion thereof, including any improvements thereon, which is determined by the director to be a single user for purposes of receiving, using and paying for service.

"Pretreatment" or "treatment"

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, introducing such pollutants into the POTW. The 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 pollutant unless allowed by an applicable pretreatment standard.

"Pretreatment facility"

means any works or device for treatment, control or flow limitation of sewage or industrial waste, prior to discharge into the city POTW.

"Pretreatment requirements"

means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

"Pretreatment standards" or "standards"

means prohibited discharge standards, categorical pretreatment standards and local limits.

"Process wastewater"

means any water which, during manufacturing or processing, comes into contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

"Prohibited discharge standards" or "prohibited discharges"

means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 12.12.020 of this title.

"Publicly owned treatment works" or "POTW"

means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the city. This definition includes any devices equipment or sewerage 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.

"Reclaimed or recycled water"

means water which, as a result of treatment of waste, is suitable for beneficial use that would not otherwise occur.

"Residential user"

means a user whose premises are for residential purposes and thus discharge only domestic sewage.

Sample Types.

"Grab sample" means a single sample collected over a period of time not exceeding fifteen minutes, taken at a particular time and place which represents the composition of the wastewater only at that time and place.

"Sanitary sewer" or "sewer"

"Composite sample" means a flow-proportional or time-proportioned sample collected manually or automatically either discretely or continuously. For manual compositing, a minimum of four individual samples that when combined and mixed form one representative sample that is analyzed to determine the conditions during a specific period.

means a pipe or conduit which carries domestic sewage and/or industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted. A city sewer or public sewer is any sewer located within an easement or public right-of-way and which is maintained by the city and part of the POTW.

"Sewerage system"

means all sewers, facilities and appurtenances owned or operated by the city for carrying, collecting, pumping, treatment and disposal of waste and wastewater, including the water pollution control plant, and POTW.

"Significant industrial user (SIU)"

means:

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater),

Contributes process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or

"Significant noncompliance"

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.

means industrial user violations which meet one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including those defined in Chapter 12.12 of this title;

Technical review criteria (TRC) violations, defined as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including those defined in Chapter 12.12 of this title, multiplied by the applicable criteria (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);