Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this chapter, shall have the meanings
hereinafter designated:
"Act" or "the Act"
means the Federal Water Pollution Control Act, and the Clean
Water Act, and any amendments thereto.
"Administrative order"
means a formal order which directs the industrial user to
undertake or to cease specified activities. Administrative orders
may incorporate compliance schedules, timeframes, administrative penalties
and suspension/termination of service orders.
"Approval authority"
means the State of California Central Valley Regional Water
Quality Control Board (Region 5).
"Authorized or duly authorized representative of the user"
means:
1.
If the user is a corporation:
a.
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
b.
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 requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
2.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
3.
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.
4.
The individuals described in paragraphs 1 through 3, above,
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 Director.
"Beneficial uses"
means uses of the waters of the State that may be protected
against quality degradation include, but are not necessarily limited
to: domestic, municipal, agricultural and industrial supply, power
generation, recreation, aesthetic enjoyment, navigation and the preservation
and enhancement of fish, wildlife and other aquatic resources or reserves,
and other uses, both tangible or intangible as specified by Federal
or State law.
"Best management practices (BMPs)"
means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section
13.08.100, and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
"Biochemical oxygen demand (BOD)"
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures,
as described in the current edition of Standard Methods for the Examination
of Water and Wastewater.
"Blowdown"
means to discharge recirculating water for the purpose of
discharging materials contained in the water which if allowed to build
up further in the water would concentrate in amounts exceeding limits
considered acceptable pursuant to best engineering practices.
"Building sewer"
means a sewer conveying wastewater from the premises of the
user to the POTW.
"Bypass"
means to intentionally discharge wastewater to the sanitary
sewer without pretreatment as specified by a wastewater discharge
permit.
"Cease and desist"
means a formal order requiring a user to stop violating waste
discharge requirements.
"Cesspools"
means lined or partially lined underground pits into which
raw sanitary sewage is discharged.
"CFR"
means Code of Federal Regulations.
"City"
means the City or the Stockton City Council.
"Collection system"
means the combined pipes, conduits, manholes, and other structures,
either above or underground, used to convey sanitary wastewater or
stormwater.
"Color"
means the optical density at the visual wave length of the
maximum absorption, relative to distilled water with 100 percent transmittance
equivalent to zero (0.0) optical density.
"Compliance schedule"
means a schedule of remedial measures included in an enforcement
order or agreement including a sequence of interim requirements (milestone
events and dates) that lead to compliance with waste discharge requirements.
"Composite sample"
means the sample resulting from a combination of individual
wastewater samples taken at selected intervals based on increments
of flow or time.
"Cooling water"
means the water discharged from any uses such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
"Commercial or industrial sewage"
means any and all liquids and/or solids contained within
liquids from industrial, commercial or institutional processes except
liquid borne wastes derived from the ordinary living processes and
of such character as to permit satisfactory disposal, without special
treatment, into the sanitary sewage system.
"Compatible pollutant"
means biochemical oxygen demand, suspended solids, pH and
fecal coliform bacteria, plus additional pollutants identified in
the City's National Pollution Discharge Elimination System (NPDES)
permit.
"Contamination"
means any impairment to the quality of the waters of the
State by waste to a degree which creates a hazard to the public health
through degradation or through the spread of disease. Contamination
shall include any equivalent effect resulting from the disposal of
wastewater, whether or not waters of the State are affected.
"Control authority"
means the Director of the City Municipal Utilities Department
or the Director's duly appointed representative.
"Correction order"
means a formal order which directs the industrial user to
identify and correct causes of noncompliance.
"Critical user"
means a user who is required to obtain an industrial waste permit as defined in Section
13.08.310 of this chapter.
"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.
"Direct discharge"
means the discharge of treated or untreated wastewater directly
to the waters of the State.
"Director"
means the Director of Municipal Utilities Department of the
City.
"Discharge"
means any measurable quantity of wastewater released to the
public sewer.
"Domestic sewage"
means wastewater which does not contain industrial or commercial
process wastewater and which is discharged from a residential dwelling.
"Duplex"
means a premises which is designated improved or used as
a residence for two families and no more, living separately in separate
dwelling units, and which is not designed, improved or used for any
other purpose.
"Effluent"
means the liquid outflow of any facility designed to treat,
convey or retain wastewater.
"Environmental Protection Agency (EPA)"
means the United States Environmental Protection Agency,
or, where appropriate, the term may also be used as a designation
for the Administrator or other duly authorized official of said Agency.
"Excursion"
means an unintentional and temporary incident in which any
pollutant parameters of discharged wastewater exceeds the range set
forth in this chapter.
"Existing source"
means any source of discharge, the construction or operation
of which commenced prior to the publication of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
"Fats, oil and grease (FOG)"
means any material that is extractable from an acidified
sample of waste by hexane or other designated solvent, or any like
material.
"Good faith effort"
means prompt and vigorous pollution control measures undertaken
by the discharger which shows that extraordinary efforts (not a "business-as-usual"
approach) have been made to achieve compliance.
"Grab sample"
means a sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time or strength.
"Gross contamination"
means any discharge to the sanitary sewer that has caused,
or has ability to cause, the POTW to violate its waste discharge requirements.
"Hazardous"
means as defined in 40 CFR Part 261.3 or California Administrative
Code Title 22 Article 11.
"Hazardous waste"
means any wastes identified and or defined as "hazardous
wastes," "extremely hazardous wastes," or "acutely hazardous wastes"
pursuant to any provisions of the California
Health and Safety Code,
the Resource Conservation and Recovery Act, and any other Federal,
State, or local regulation, law, or ordinance.
"Health officer"
means the officer of the San Joaquin County Health District,
or an authorized representative.
"Health risk"
means to discharge wastewater or other materials to the sanitary
sewer that is an immediate health threat to the POTW or the public
at large.
"Holding tank waste"
means any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, boats, septic tanks and vacuum pump tank
trucks.
"Indirect discharge"
means the discharge of pollutants to a POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Federal
Clean Water Act, including discharges of holding tank waste to the
POTW.
"Industrial connection sewer"
means the sewer between the property line and the public
sewer through which liquid industrial waste is discharged.
"Industrial waste"
means either liquid or solid waste from any industrial or
commercial process or activity.
"Inspector"
means the authorized inspector or representative of the Director.
"Instantaneous limit"
means the maximum concentration of a pollutant allowed to
be discharged at any time, determined from the analysis of any discrete
or composited sample collected, independent of the industrial flow
rate and the duration of the sampling event.
"Institutional owner"
means any owner, public or private, operating a 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, inhibits or disrupts the POTW treatment
processes, its operations, or its sludge process, use or disposal;
and, therefore, causes a violation or increases the magnitude or duration
of a violation of the POTW's NPDES permit, or prevents sewage sludge
use or disposal as required by applicable Federal, State, or local
statutes, regulations, or permits, including, but not limited to,
permits issued under the Solid Waste Disposal Act (SWDA), Title II
more commonly referred to as the Resource Conservation and Recovery
Act (RCRA), State regulations contained in any State sludge management
plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act,
or the Toxic Substances Control Act. A user shall be deemed to have
contributed to the POTW's permit violation whenever the user:
1.
Discharges a daily pollutant loading in excess of that allowed
by Federal, State, or local regulations or law or the user's permit,
if any, with the POTW;
2.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge; or
3.
Discharges when the user knows or has reason to know that its
discharge, alone or in conjunction with discharges from other sources,
would result in a POTW permit violation or prevent sewage sludge processing,
use, or disposal as required by the above-referenced authorities as
they apply to the POTW's selected method of sludge management.
"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 40 CFR 403.5(a)(1)
and (b).
"Lower explosive limit (LEL)"
means the minimum concentration of a combustible gas or vapor
in air which will ignite if an ignition source is present.
"Mass emission rate"
means the mass of materials discharged to the sewage system
during a given time interval. Unless otherwise specified under Federal,
State, or local laws or regulations or in the user's permit, if any,
with the POTW, the mass emission rate shall mean pound per day of
a particular constituent or combination of constituents.
"Medical waste"
means isolated wastes, infectious agents, human blood and
blood byproducts, pathological wastes, sharps, body parts, fomites,
etiologic agents, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes and dialysis wastes.
"Monthly average"
means the sum of all "daily discharges" measured during a
calendar month divided by the number of "daily discharges" measured
during that month.
"Monthly average limit"
means the highest allowable average of "daily discharges"
over a calendar month, calculated as the sum of all "daily discharges"
measured during a calendar month divided by the number of "daily discharges"
measured during that month.
"Multiple-family dwelling unit"
means a premises which is designed, improved or used as a
residence for three or more families, living separately in separate
dwelling units, and which is not designed, improved or used for any
other purpose.
"National pretreatment standards," "pretreatment standards"
or "standards"
means any regulation containing pollutant discharge limits promulgated by EPA under Section 307(b) and (c) of the Clean Water Act applicable to industrial users, including the general and specific prohibitions found in 40 CFR 403.5 and limits established by the City as set forth under Sections
13.08.250 and
13.08.260 of this chapter and any additional pretreatment limitations set forth in any permit issued by the City pursuant to this chapter.
"New source"
means:
1.
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 which will be applicable to such source
if such 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; or
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 (1)(b) or (c) of this definition
but otherwise alters, replaces, or adds to existing process or production
equipment.
3.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
a.
Begun, or caused to begin, as part of a continuous on-site construction
program:
i.
Any placement, assembly, or installation 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 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 definition.
"Noncontact cooling water"
means water used for cooling that does not come into direct
contact with any raw material, intermediate product, waste product,
or finished product.
"Nonpermitted discharge"
means any discharge to the sanitary sewer without first obtaining
a wastewater discharge permit.
"Notice of violation"
means an official notice that a violation of waste discharge
requirements has occurred.
"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
or which affects at the same time 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.
"Other residential"
means a building or group of buildings containing individual
guest rooms for one or more guests, including, but not limited to,
motels, boarding houses, hotels, rooming houses, dormitories, fraternities,
sororities, etc.
"Pass through"
means a discharge which exits the POTW in quantities or concentrations
which, alone or with discharges from other sources, causes or contributes
to a violation or increases the magnitude of the violation of the
POTW's NPDES permit. A user shall be deemed to have contributed to
the POTW's permit violation whenever the user:
1.
Discharges a daily pollutant loading in excess of that allowed
by Federal, State, or local law or pursuant to the user's contract,
if any, with POTW;
2.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge; or
3.
Discharges when such user knows or has reason to know that its
discharge, alone or in conjunction with discharges from other sources,
would result in a permit violation; or
4.
Discharges when such user knows or has reason to know that the
POTW is violating the final effluent limitations of its permit and
the user's discharge, alone or in conjunction with discharge or discharges
from other sources, increases the magnitude or duration of the POTW's
violation.
"Permittee"
means the person, firm, or organization to whom a permit
has been issued in accordance with this chapter.
"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. The masculine gender shall include the feminine, and the
singular shall include the plural where indicated by the context.
"pH"
means the scale of 1 to 14 which measures acidity and alkalinity;
7.0 being neutral, 0 to 7 being acidic, and 7 to 14 being basic or
alkaline. Technically, it is the logarithm (base 10) of the reciprocal
of the concentration of hydrogen ions expressed in grams per liter
of solution.
"Plumbing fixture"
means any item which contains a collection device for wastewater
connected directly or indirectly to the sanitary sewage system, including,
but not limited to, a toilet, urinal, shower, tub, sink, basin, lavatory,
floor drain, or automatic washing machine.
"Pollutant"
means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, medical
wastes, 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).
"Pollution"
means an alteration of the quality of the waters of the State
by waste to a degree which unreasonably affects either the waters
for beneficial uses, or the facilities which serve such beneficial
uses. Pollution may include contamination.
"Premises"
means a parcel of real estate including any improvements
thereon which is determined by the City to be used for the purpose
of receiving, using, and paying for a service provided by the City.
"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 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 or other means, except as prohibited
in 40 CFR.
"Pretreatment requirements"
means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard imposed
on an industrial user.
"Public corporation"
means the City or any political subdivision of the City,
County, district, the State, or the United States of America, or any
department or agency thereof. The singular shall include the plural.
"Public sewer"
means a sewer owned and operated by the City or other public
agency tributary to a treatment works operated by the City and dedicated
to public use.
"Publicly owned treatment works (POTW)"
means a system of conveyances and treatment for sewage and
industrial wastes which is owned by the City. 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. It also refers to the government
officials responsible for operation and maintenance of the collection
system and/or treatment plant and the administration of the pretreatment
program.
"Radioactive material"
means any material containing chemical elements which spontaneously
change their atomic structure with the emission of atomic energy.
"Reclaimed water"
means water which, as a result of treatment of waste, is
suitable for direct beneficial use or a controlled use that would
not otherwise occur.
"Sanitary sewer"
means a main line sewer for the acceptance of any sewage
or liquid waste except stormwater, surface water, groundwater, roof
runoff or other unpolluted water.
"Septic tank waste"
means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
"Sewage"
means water or a combination of liquid or water containing
human waste conducted away from residences, business buildings, and
institutions which is known as domestic or sanitary, together with
the liquid or water carried waste resulting from a manufacturing process
employed in commercial or industrial establishments including washing,
cleaning, or drain water from such processes which is known as industrial
waste.
"Sewerage system"
means all sewer treatment plants and all other facilities
owned and operated by the City for carrying, collecting, treating,
and disposing of sanitary sewage and industrial waste.
"Shock load"
means any discharge to the sanitary sewer that has caused
interference or pass-through at the POTW, or has caused the POTW to
violate its waste discharge requirements.
"Show cause"
means a formal meeting requiring the industrial user to appear
and demonstrate why the Control Authority should not take a proposed
enforcement action against it. The meeting may also serve as a forum
to discuss corrective actions and compliance schedules.
"Significant industrial user"
means any categorical or other industrial user which:
1.
Discharges 25,000 gallons or more of process wastewater per
day, excluding sanitary, noncontact cooling, and boiler blowdown wastewater;
or
2.
Contributes a process wastewater which makes up 5% or more of
the dry weather average hydraulic or organic capacity of the POTW;
or
3.
Is designated as such by the control authority on the basis
that it has a reasonable potential for adversely affecting the POTW's
operation or for violating a pretreatment standard or requirement.
"Single-family dwelling unit (SFDU)"
means a premises which is designed, improved, or used as
a residence for one family only, and which is not designed, improved,
or used for any other purpose.
"Sludge"
means any solid, semisolid, or liquid decant, subnate, or
supersubnate produced by any manufacturing process, utility service,
or pretreatment facility operation.
"Slug load" or slug discharge"
means any discharge at a flow rate or concentration which could violate the discharge standards set forth in Section
13.08.100 of this chapter or any discharge of a nonroutine episodic nature including, but not limited to, an accidental spill or a noncustomary batch discharge.
"Standard buffer"
means a solution prepared with a known pH, and, when compared
with the National Bureau of Standard's Reference Material, has a tolerance
of plus or minus 0.02 pH at 25 degrees Celsius.
"Standard Industrial Classification (SIC)"
means a standardized classification of all industrial users
according to their primary processes, products or services pursuant
to the current edition of the Standard Industrial Classification Manual
issued by the Executive Office of the President of the United States,
Office of Management and Budget.
"Stored liquid wastes"
means liquid wastes that have been collected and held in
tanks or containers. Wastes of this category include, but are not
limited to:
3.
Trailer, camper, housecar or other recreational vehicle wastes;
"Storm drainage system"
means all conduits, pumping plants, collection facilities,
and other appurtenances owned and operated by the City for carrying,
collecting, pumping and disposing of stormwater, surface water, groundwater,
roof runoff or other unpolluted water.
"Stormwater"
means any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation, including
snowmelt.
"Temporary suspension"
means the temporary suspension of sewer service pending successful
completion, installation, demonstration of treatment equipment or
payment of fines and/or fees.
"Termination"
means a physical blockage of the sewer connection to a noncompliant
user or issuance of a formal order requiring a user to stop discharging
process or other wastewater to the sanitary sewer.
"Total suspended solids (TSS)"
means as defined in Section 209 of Standard Methods for the
Examination of Water and Wastewater, prepared and published jointly
by the American Public Health Association, American Water Works Association,
and Water Pollution Control Federation, Washington, D.C.
"Total toxic organics (TTO)"
means the sum of the masses of concentrations of specific
toxic organic compounds in the wastewater discharge at a concentration
greater than 0.01 mg/l as referenced in 40 CFR, Part 413.02.
"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 Clean Water Act Section 307(a)
or other acts.
"Unpermitted discharge"
means any discharge to the sanitary sewer not allowed by
an existing wastewater discharge permit.
"Unpolluted water"
means water to which no pollutant 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 who contributes, causes, or permits the
contribution of wastewater into the City's POTW.
"User charge system"
means a method for assessing fees for operations and maintenance
of the POTW as set forth in 40 CFR, Part 35.
"Waste"
means and includes sewage 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 waste placed
within containers of whatever nature prior to, and for purposes of
disposal.
"Wastewater"
means the liquid portion of industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions,
which may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
"Wastewater constituents and characteristics"
means the individual chemical, physical, bacteriological
and radiological parameters, including volume and flow rate, and such
other parameters that serve to define, classify or measure the contents,
quality, quantity and strength of wastewater.
"Waters of the State"
means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
(Ord. 2015-12-08-1601 C.S. § 2)