Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings designated in this section.
Actmeans the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended. (33 U.S.C. Section
1251 et seq.)
means the executive officer of the Central Valley Regional Water Quality Control Board.
Authorized representative of the industrial usermeans an authorized representative of that user, who shall 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 operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively;
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 such as the plant manager or position of equivalent responsibility or having 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 or position 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.
Best management practices or BMPsmeans schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section
33.03.050 of this article or as established by the public works department. BMPs may 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 as established by the public works department.
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees centigrade expressed in terms of weight and concentration (milligrams per liter (mg/L).
Building drainmeans that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning two feet outside the inner face of the building wall.
Building sewermeans the extension from the building drain to the public sewer or other place of disposal.
Bypassmeans the intentional diversion of wastestreams from any portion of an industrial user's treatment facility directly to the POTW.
California Toxics Rulemeans the water quality criteria or standards that apply specifically to the State of California promulgated by EPA pursuant to the Clean Water Act and codified in 40 CFR part
131.
means any national pretreatment standard specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a POTW by existing or new industrial users in specific industrial subcategories established as separate regulations under the appropriate subpart of
40 CFR Chapter I, Subchapter N, and the requirements set forth in 40 CFR
403.6 as amended from time to time.
means the City of Davis or the city council of the City of Davis. Any action that may be taken on behalf of the city may be undertaken by the general manager or the city manager, unless such action is reserved to the city council.
Commercial usermeans a user that is not a SIU, a FSE, a residence, a groundwater remediation project, or any of the types of discharge projects set forth in Section
33.03.050(b)(16) and that indirectly discharges or has the potential to indirectly discharge pollutants of concern to the city.
means the discharge of treated or untreated wastewater directly to the waters of the state, or the United States.
General managermeans the general manager of the city's public works department or his or her authorized representative. Any action that may be taken by the general manager may be undertaken by the general manager's designee, unless specified otherwise.
Effluentmeans pollutants which are discharged from point sources into the city's sewer.
EPA or USEPAmeans the United States Environmental Protection Agency. Where appropriate the term may also be used as a designation for the administrator or other duly authorized official of the EPA.
Fats, oils, and grease (FOG)means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR
136, as may be amended from time to time. All such compounds are sometimes referred to herein as "grease."
means those establishments engaged in activities of food preparation, food service, or the making available for consumption foodstuffs and that use one or more of the following preparation methods: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a heated food product, whether served on or in washable and reusable plates or containers or those of a disposable type. For the purpose of this chapter, FSEs include those establishments or facilities where foodstuffs are served or prepared for consumption or sale. This includes, but is not limited to, cold dairy and frozen foodstuffs preparation and serving establishments that prepare or serve drinkable or edible products.
Garbagemeans solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
Grab samplemeans an individual sample collected over a period of time not to exceed fifteen minutes. Grab samples are usually taken manually and the sample volume depends on the number of analyses to be performed.
Grease interceptormeans an approved plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and greases, and/or solids from a wastewater discharge to the POTW and is inclusive of the following terminology: gravity grease interceptor, grease removal device, grease trap, hydromechanical grease interceptor as defined and amended over time by the California Plumbing Code.
Groundwater remediation projectmeans a project involving the treatment of contaminated groundwater from the aquifer and subsequent release of the treated water to the sewer. Groundwater remediation projects are usually undertaken in response to a clean-up and abatement order issued by the State Water Resource Control Board or the Central Valley Regional Water Quality Control Board pursuant to Water Code Section
13304.
means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Indirect dischargemeans the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. Section
1317), into the POTW (including holding tank waste discharged into the system).
means a source of indirect discharge that does not constitute "discharge of pollutants" under regulations issued pursuant to Section 402 of the Clean Water Act.
Industrial wastesmeans the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
Interferencemeans the inhibition or disruption of the POTW treatment processes or operations, which contributes to a violation of any requirements of the city's NPDES Permit (including an increase in the magnitude or duration of a violation). or prevents sewage sludge use or disposal by the POTW in compliance with the following statutory provisions or the criteria, guidelines or regulations or permits issued thereunder (or more stringent state or local regulations including those contained in any state sludge management plan prepared pursuant to Article IV of SWDA): 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.
National Toxics Rulemeans water quality criteria or standards promulgated by the EPA pursuant to the Act and codified in 40 CFR part
131.
means any building, structure, facility or installation from which there is or may be an indirect 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:
(1) | The building, structure, facility or installation is constructed at a site at which no other source is located; or |
(2) | The building, structure, facility or installation totally replaces the process or production equipment that causes the indirect discharge of pollutants at an existing source; or |
(3) | 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 paragraph (3) or (3) of this definition, but otherwise alters, replaces, or adds to existing process or production equipment. |
| Construction of a new source as defined here 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 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 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 paragraph. |
means an industrial user subject to categorical pretreatment standards under Section 403.6 and
40 CFR Chapter I, Subchapter N, and for which the general manager has found that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the national pretreatment standard) and the following conditions are met:
(1) The industrial user, prior to the general manager's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
The industrial user annually submits the certification statement required in Section
33.03.285(c) of this article together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated wastewater.
Pass throughmeans an indirect 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 the magnitude or duration of a violation.
Permitmeans a wastewater discharge permit, but may also mean a sewer connection permit, an NPDES Permit, or other type of permit depending on the context provided in the applicable provision.
Personmeans 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 context.
pHmeans the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Pollutantmeans any dredged spoil, solid waste, incinerator residue, sewage, garbage, petroleum products or byproducts or wastes, 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.
Pollutionmeans the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
Pretreatment or treatmentmeans 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 as prohibited by 40 CFR
403.6(d).
means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
Pretreatment standard or national pretreatment standardsmeans:
(1) Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users; and
The prohibitive discharge limits established in Section
33.03.050 (general and specific prohibitions) and the local limits set forth in Section
33.03.080 of this article; and
Categorical standards as defined in this section.
Publicly owned treatment works (POTW)means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section
1292), which is owned in this instance by the city. This definition includes any sewers, pipes, ponds, pumps or other devices that connect to, or convey wastewater to the POTW. "POTW" also includes any public sewers that convey wastewater to the POTW.
means a sewer that is controlled by a public authority.
Sanitary sewermeans a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
Severe property damagemeans substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Sewagemeans a combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present.
Sewermeans a pipe or conduit for carrying sewage.
Significant industrial user or SIUmeans any industrial user of the city's POTW that fits the following:
(1) Except as provided in paragraph (2) of this definition, the term "significant industrial user" means:
(A) All industrial users subject to categorical standards under 40 CFR
403.6 and
40 CFR Chapter I, Subchapter N; and
Any other industrial user that discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WWTP; or is designated as such by the general manager 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
40 CFR 403.8(f )(6)).
The general manager may determine that an industrial user subject to national pretreatment standards under 40 CFR Section
403.6 and
40 CFR Chapter I, Subchapter N is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
(A) The industrial user, prior to general manager's finding, has consistently complied with all applicable national pretreatment standards and requirements;
The industrial user annually submits the certification statement required in Section 403.12(q) together with any additional information necessary to support the certification statement; and
The industrial user never discharges any untreated concentrated wastewater.
Upon a finding that an industrial user meeting the criteria in paragraph (1)(B) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any national pretreatment standards or requirement, the general manager may at any time, on his or her own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR
403.8(f)(6), determine that such industrial user is not a significant industrial user.
Significant noncomplianceshall mean a violation that meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
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 Section
33.03.210 to halt or prevent such a discharge;
Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;
Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance;
Any other violation or group of violations, which may include a violation of BMPs, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
Sludgemeans the solid, semisolid or liquid untreated residue generated during the treatment of domestic sewage in a wastewater treatment facility. When treated and processed, sludge becomes a biosolids.
Slug loadmeans any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration or flows during normal operation or any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.
Statemeans the State of California.
Stormwatermeans stormwater runoff, snow melt runoff, and surface runoff and drainage.
Toxic pollutantmeans any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA.
Usermeans any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
Wastewatermeans the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
Watercoursemeans a channel or depression in which a flow of water occurs, either continuously or intermittently.
Waters of the statemeans 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. 2403 § 1, 2013)