Except as otherwise provided, the city manager shall administer,
implement and enforce the provisions of this chapter. Any powers granted
to or duties imposed upon the city manager may be delegated by the
city manager to other city personnel.
(Ord. 13-2 § 3)
Unless a provision explicitly states otherwise, or the SRCSD
Consolidated Ordinance definitions differ, the following terms and
phrases, as used in this chapter, shall have the meanings designated
in this section.
"Act"
means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended (33 USC Section 1251 et seq.).
"Administrator"
means the Regional Administrator of Region IX, United States
Environmental Protection Agency.
Authorized Representative of Nondomestic User.
An "authorized representative of a nondomestic user" may
be:
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 manager in accordance with corporate
procedures;
2.
A general partner or proprietor if the nondomestic user is a
partnership or sole proprietorship respectively;
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 or she 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 representative.
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"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 system.
"City"
means the city of West Sacramento.
"City manager"
means the city manager for the city of West Sacramento or
authorized agent, representative or inspector.
"Compliance directive"
means an order, also known as a cease and desist order, given
by the city manager requiring a user to come into compliance with
a wastewater discharge permit 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 be in compliance
with the requirements of this chapter.
"Cooling water"
means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
"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.
"Discharger"
means any person discharging waste into the wastewater collection
system. The term is synonymous with "user."
"Domestic wastewater"
means any liquid, solid, sewage or waterborne waste of the
type normally resulting from flushing and washing waste products from
residences and lavatories.
"Existing source"
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 source 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 waste stream on a one-time
basis without regard to the flow in the waste stream and over a period
of time not to exceed fifteen minutes.
"Grit"
means the heavy suspended mineral matter present in water
or wastewater such as sand, gravel or cinders.
"Industrial user"
means a discharger of industrial wastewater. Used herein,
the term shall be generic.
"Industrial wastewater"
means any liquid or waterborne waste from manufacturing,
processing, commercial or industrial facilities, except domestic waste,
boiler blow down, and uncontaminated or noncontact cooling water;
provided, however, that substantial discharge of boiler blow down
closely associated with industrial activity shall be considered industrial
wastewater when such discharge has a reasonable potential to affect
or interfere with the wastewater collection system as determined by
the city manager.
"Interceptor"
means generally, a two or more compartment tank designed
to prevent undesirable materials from leaving a commercial or industrial
site and entering the wastewater collection system. 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 be located.
"Lateral sewer"
means the portion of a side sewer lying within a public right-of-way
connecting a building sewer to the main sewer and maintained by the
city.
"Main sewer"
means a public sewer designed to accommodate more than one
lateral sewer.
"Natural outlet"
means any outlet into a watercourse, pond, ditch, lake or
other body of surface water or groundwater.
"New source"
means:
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:
a.
The 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 is 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 above but otherwise alters, replaces,
or adds to existing process or production equipment.
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:
i.
Any placement, assembly or installation of facilities or equipment,
or
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; or
b.
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are in-tended 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 subparagraph.
"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 product.
"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 the requirements of this chapter exists and requiring
the noncompliance to be corrected and explained in a timely manner.
"Permit"
means a wastewater discharge permit issued by the city.
"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 solution.
"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.
"Pollution"
means the man-made or man-induced alteration of the chemical,
physical, biological and radiological integrity of water.
"Pretreatment"
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 the wastewater collection
system. 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.
"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
discharged to the wastewater collection system.
"Sewage system"
means all facilities owned or controlled by the city for
collecting, pumping, treating and disposing of sewage.
"Show cause order"
means order for a user to appear before the city to explain
noncompliance and why enforcement action should not be taken.
"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.
"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.
"SRCSD"
means the Sacramento Regional County Sanitation District.
Contact and other information related to SRCSD can be found at
www.srcsd.com.
"State"
means the state of California.
"Stormwater"
means any flow occurring during or following any form of
natural precipitation and resulting from it.
"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.
"Toxic 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 collection
system.
"Wastewater"
means liquid and water-carried wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities,
or institutions, whether treated or untreated.
"Wastewater collection system"
means the pipelines, pump stations, manholes and other similar
facilities which are owned, and operated by any of the contributing
agencies discharging to SRCSD's interceptors and/or treatment plant.
"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.
"Watercourse"
means a channel or depression in which a flow of water occurs,
either continuously or intermittently.
(Ord. 13-2 § 3)
This chapter is severable. If any sentence, provision, paragraph,
word or section of this chapter is invalidated by any court of competent
jurisdiction, the remaining sentences, provisions, paragraphs, words,
and sections shall not be affected and shall continue in full force
and effect.
(Ord. 13-2 § 3)
The provisions of this chapter shall not be construed to relieve
from or lessen the responsibility of any person for damage to persons
or property resulting from the discharge of wastewater, nor shall
the city, or any officer, agent or employee of the city, be construed
to be assuming any liability by reason of the performance of its or
their responsibilities or duties pursuant to this chapter.
(Ord. 13-2 § 3)
This chapter shall apply to all users of the wastewater collection
system whose discharge occurs outside of city boundaries upon equal
terms with its applicability within the city.
(Ord. 13-2 § 3)