This chapter sets forth uniform requirements for industrial users of the POTW to comply with all applicable state and federal laws, including Chapter 90.48 RCW, Chapter 173-216 WAC, Chapter 90.48 RCW, the Federal Clean Water Act (33 U.S.C., Section 1251 et seq.), the General Pretreatment Regulations (40 CFR Part 403), and this chapter. This chapter shall apply to all industrial users of the POTW and all other persons responsible for compliance with any requirement of this chapter. The purpose of this chapter is:
A. 
To protect the POTW by preventing the introduction of pollutants into the POTW that may interfere with its operation, or be incompatible with, or otherwise cause damage to, the POTW;
B. 
To prevent the introduction of pollutants into the POTW that will pass through if inadequately treated prior to discharge into receiving waters;
C. 
To protect personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public;
D. 
To promote reuse and recycling of industrial wastewater and biosolids derived from the POTW; and
E. 
To require persons regulated by this chapter to pay applicable rates and fees to reasonably distribute the cost to operate, and to maintain and improve the POTW.
F. 
To enable the City to comply with its NPDES Permit conditions, federal and state requirements applicable to biosolids use and disposal, and any other federal or state laws or regulations to which the POTW is subject.
(Ord. 28761 Ex. C, 2021-05-25)
A. 
Administration. The City will administer this chapter in accordance with the purposes set forth herein and in accordance with the authority set forth in Chapter 35.67 RCW, and other applicable federal, state and local laws and regulations, its state pretreatment delegation, and its Pretreatment Program policies and procedures. In the event there is a conflict between a requirement of this chapter and: (a) a provision contained within it; (b) a provision of a permit issued under this chapter; or (c) a provision of an applicable federal or state law or regulation, the requirement(s) that are more protective of the environment shall apply.
B. 
Responsibility for compliance. It is the intent of this chapter to place the responsibility for complying with its requirements, and any policies, regulations, manuals, procedures and guidance adopted pursuant to this chapter, and any permit, authorization or approval granted pursuant to this chapter, upon the permittee, the person granted an authorization or approval, the facility operator, the facility manager, the facility owner, the owner and operator of any food service establishment or other business subject to regulation under this chapter, and any other person when that person’s action or failure to take action causes or contributes to a violation of this chapter or any permit, authorization or approval made or given pursuant to this chapter. It is further the intent of this chapter that, whenever a facility constitutes an industrial user, the permittee, facility operator, facility manager, and facility owner shall be responsible for compliance with all requirements, obligations, limitations and prohibitions made applicable to an industrial user pursuant to this chapter. It is further the intent of this chapter that the permittee, operator, facility manager, and owner of a facility that constitutes a new source or existing source shall be responsible for compliance with all requirements, obligations, limitations and prohibitions made applicable to a new source or existing source pursuant to this chapter.
C. 
Appeals of decisions and determinations. Appeals of decisions or determinations made by the Control Authority pursuant to this chapter are governed by 12.08A.140; provided that, appeals of enforcement actions taken pursuant to this chapter are governed by TMC Chapter 1.82
D. 
Liberal construction. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.
(Ord. 28761 Ex. C, 2021-05-25)
The following abbreviations, when used in this chapter, shall have the designated meanings:
AWWA
American Water Works Association
BMPs
Best Management Practices
BOD5
5-Day Biochemical Oxygen Demand
BTEX
Benzene, Toluene, Ethylbenzene, Xylene
ºC
degrees Celsius
COD
Chemical Oxygen Demand
CFR
Code of Federal Regulations
EPA
U.S. Environmental Protection Agency
ERP
Enforcement Response Plan
ºF
degrees Fahrenheit
FOG
Fats, Oil and Grease
gpd
gallons per day
GGI
Gravity Grease Interceptor
HMGI
Hydromechanical Grease Interceptor
LEL
Lower Explosive Limit
MAIL
Maximum Allowable Industrial Loading
mgd
million gallons per day
mg/L
milligrams per liter
MIU
Minor Industrial User
NAICS
North American Industry Classification System
NPDES
National Pollutant Discharge Elimination System
O&M
Operation and Maintenance
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
RCW
Revised Code of Washington
SDCP
Slug Discharge Control Plan
SIC
Standard Industrial Classification
SNC
Significant Noncompliance
TMC
Tacoma Municipal Code
TRC
Technical Review Criteria
TSS
Total Suspended Solids
UPC
Uniform Plumbing Code
U.S.C.
United States Code
WAC
Washington Administrative Code
(Ord. 28761 Ex. C, 2021-05-25)
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein unless a different meaning is otherwise plainly required. Words not defined herein shall have the meaning given pursuant to TMC § 1.82.010. Words not otherwise defined in this chapter or TMC § 1.82.010 shall have the meaning given in such federal and state statutes, rules, or regulations that apply to the activity being regulated. Words not otherwise defined, shall be given their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The words “shall” and “will” are always mandatory and not merely directory and the word “may” is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.
A. 
12.08C.040.A.
“Amalgam process wastewater.”
Any wastewater generated and discharged by a dental discharge facility through the practice of dentistry that may contain dental amalgam.
“Amalgam separator.”
A collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental discharge facility.
“Amalgam waste.”
Any non-contact and contact scrap amalgam waste or wastestream containing mercury or residues from the preparation, use or removal of amalgam. This includes, but is not limited to, any mercury waste generated or collected by chair-side traps, screens, filters, vacuum systems filters, amalgam separators, elemental mercury, amalgam capsules and autoclaves or other equipment that comes in contact with mercury.
“Applicable pretreatment standard.”
The most restrictive federal or state pretreatment limit or prohibitive standard, or local limit, contained in or referenced by this chapter with which an industrial user is required to comply.
“Authorized representative” or “duly authorized representative of the industrial user.”
1. 
If the industrial user is a corporation:
a. 
The 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
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; initiating and directing comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; ensuring that the necessary systems are established or actions are taken to gather complete and accurate information for reporting requirements established by the Control Authority, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
2. 
If the industrial user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
3. 
If the industrial user is a limited liability company, the managing member(s) of the limited liability company;
4. 
If the industrial user is a federal, state, or local governmental facility: a director or the highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or the designee of such official; and
5. 
The individuals described in paragraphs A through D above may designate another 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 Control Authority.
B. 
12.08C.040.B.
“Batch discharge.”
A special method of discharging wastewater defined in and authorized by an industrial wastewater discharge permit, special approved discharge authorization or other control mechanism.
“Best management practices” or “BMPs.”
A schedule(s) of activities, treatment practices, prohibitions of practices, maintenance procedures, and other management practices based on applicable Pretreatment Standards in 40 CFR Part 403, federal categorical effluent standards and applicable state and local pretreatment requirements including local limits which are implemented by an industrial user to prevent or reduce pollutants from entering a facility’s waste stream and causing “interference” and/or “pass through” and/or damage to biosolids.
“Biochemical oxygen demand, 5-Day” or “BOD5.”
The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees (20º) Celsius, expressed in parts per million or milligrams per liter (mg/L) by weight, using methods approved under 40 CFR Part 136.
“Bypass.”
The intentional diversion of a wastestream from any portion of an industrial user’s treatment facility prior to being discharged to the POTW.
C. 
12.08C.040.C.
“Categorical industrial user.”
An industrial user subject to national categorical pretreatment standards.
“Categorical pretreatment standard” or “categorical standard.”
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with 33 U.S.C. Section 1317 that apply to a specific category of industrial users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
“City.”
The City of Tacoma, a municipal corporation organized and existing under and by virtue of the laws of the state of Washington. The phrase “within the City” means within the City boundaries as now or hereafter constituted.
“Color.”
The optical density at the visual wave length of maximum absorption, relative to distilled water.
“Complete written instrument”
means an instrument which is fully drawn with respect to every essential feature thereof; “incomplete written instrument” means an instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.
“Composite sample.”
Multiple grab samples collected over time, either by continuous sampling or by mixing discrete samples and are reported as the average wastewater characteristic concentration for the period of time during which the composite sample was collected.
“Contributing jurisdiction.”
A municipality other than the City that contributes wastewater to the POTW.
“Control authority.”
The City’s Environmental Services Department, its Director and its authorized representatives and their successors.
“Control mechanism.”
An industrial wastewater discharge permit, a special approved discharge authorization, a letter, an authorization to discharge, or any other written notice of discharge requirements issued by the Control Authority.
“Cooling water.”
Cooling water shall mean contact cooling water or noncontact cooling water which have the following meanings:
1. 
Contact. Water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product; and
2. 
Noncontact. Water used for cooling purposes which does not comes in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.
D. 
12.08C.040.D.
“Daily maximum discharge limit.”
The maximum allowable discharge limit of a pollutant that may be discharged during a twenty-four (24) hour period or as specified in an industrial user’s industrial wastewater discharge permit. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the sampling period. 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 during that sampling period.
“Days.”
Unless otherwise indicated, “days” means calendar days.
“Dental amalgam.”
An alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.
“Dental discharge facility.”
A facility where the practice of dentistry is performed and wastewater is discharged to the POTW.
“Dilute.”
A wastestream that has been reduced in strength by the addition of water or another solution.
“Director.”
The City of Tacoma’s Director of the Environmental Services Department, or successor department, who is designated to supervise the implementation and enforcement of this chapter or the Director’s duly authorized designee.
“Domestic wastewater.”
Water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments and other places, which is similar in volume or chemical composition to wastewater discharged from a residential dwelling unit.
E. 
12.08C.040.E.
“Environmental permit.”
An authorization, order or equivalent control mechanism issued by a federal or state agency, or local jurisdiction to implement the requirements of an environmental law, regulation or ordinance.
“Exempt dental discharge facility.”
Any dental facility in which amalgam is not placed, removed, or used at any time in the dental practice or a dental facility that does not discharge amalgam process wastewater to the POTW.
“Existing source.”
Any industrial user that is not a new source.
“Extra jurisdictional industrial user.”
An industrial user located outside the City limits that contributes wastewater to the POTW.
F. 
12.08C.040.F.
“Facility.”
A building, structure, equipment, installation, land, or any combination thereof, that is a source or potential source of an indirect discharge of wastewater to the POTW. This term shall not mean or include pretreatment facilities, wastewater pretreatment facilities, or food service establishment facilities, as those terms are used in this chapter.
“Facility manager.”
The person in the position of the most senior corporate officer, executive, leader or administrator in charge of the daily supervision and operation of a facility. The facility manager may or may not be a duly authorized representative of the industrial user.
“Falsely alter.”
To falsely alter a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner.
“Falsely complete.”
To falsely complete a written instrument means to transform an incomplete written instrument into a complete one by adding or inserting matter, without the authority of anyone entitled to grant it; and, to “
“Falsely make.”
To falsely make a written instrument means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, the maker did not authorize the making or drawing thereof.
“Federal Clean Water Act.”
The Federal Water Pollution Control Act, as amended and codified at 33 U.S.C. 1251 et seq.
“Food service establishment.”
Any non-mobile facility, which serves, prepares, processes, manufactures, or packages food for consumption such as a restaurant, commercial kitchen, caterer, hotel, school, hospital, detention facility, food caterer, convenience store, grocery store, manufacturing facility or care institution.
G. 
12.08C.040.G.
“Grab sample.”
A sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream over a period of time not to exceed fifteen (15) minutes.
H. 
12.08C.040.H.
“Hauled waste.”
Any domestic or non-domestic wastes delivered by tanker truck for discharge to the POTW.
“Hauler.”
Any person that delivers domestic or non-domestic waste by tanker truck for discharge to the POTW.
“Hazardous waste.”
Any waste designated as hazardous under the provisions of 40 CFR Part 261 or a dangerous waste under Chapter 173-303 WAC.
“Hazardous waste pharmaceuticals.”
Pharmaceuticals that are considered RCRA hazardous by the EPA. Excluded are non-prescription pharmaceuticals that have a reasonable expectation of being used/reused or reclaimed.
“Healthcare facility.”
Any person that is lawfully authorized to:
1. 
Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or
2. 
Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals.
“Holding tank waste.”
Sewage, including typically associated solids, from domestic activities pumped from a septic tank serving one or more private residences or a chemical toilet, or tanks within recreational vehicles, campers, trailers, and vessels.
I. 
12.08C.040.I.
“Indirect discharge.”
The discharge or the introduction of pollutants into the POTW from any source regulated under Section 307(b), (c) or (d) of the Federal Clean Water Act (33 U.S.C. 1317), or this chapter, including holding tank waste discharged by a non-domestic industrial user to the POTW.
“Industrial user.”
A non-domestic source of an indirect discharge or any other industrial or commercial facility or business that has a sewer connection to the POTW, whether or not the industrial user discharges non-domestic wastewater.
“Industrial waste” or “non-domestic waste.”
A liquid or solid waste from industrial manufacturing processes, or trade or business activities distinct from domestic wastewater.
“Industrial wastewater discharge permit.”
A control mechanism issued by the Control Authority to an industrial user that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW.
“Instantaneous discharge limit.”
The maximum or minimum concentration of a pollutant or a pollutant property based on a grab sample or direct measurement allowed to be discharged at any time.
“Interference.”
A discharge which alone or in combination with other discharges:
1. 
Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
2. 
Causes a violation of the City’s NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Federal Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
“Interlocal agreement.”
An agreement entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW.
J. 
12.08C.040.J.
K. 
12.08C.040.K.
L. 
12.08C.040.L.
“Local limits.”
Discharge limits developed by the Control Authority in accordance with 40 CFR Section 403.5(c) and (d) which are set forth in this chapter.
M. 
12.08C.040.M.
N. 
12.08C.040.N.
“New source.”
Shall be defined as set forth in 40 CFR Section 403.3(m).
“New source dental discharge facility.”
A dental discharge facility that discharges to the POTW for the first time on or after July 15, 2017, or a dental discharge facility that transfers ownership on or after July 15, 2017.
“Normal domestic strength wastewater.”
Wastewater, when analyzed in accordance with procedures established in 40 CFR Part 136, as amended, that contains no more than two hundred (200) mg/L of 5-Day Biochemical Oxygen Demand (BOD5) or two hundred and twenty-five hundred (225) mg/L of Total Suspended Solids.
“North American Industry Classification System Code” or “NAICS Code.”
An industrial classification system developed by the United States Office of Management and Budget to classify business establishments for the collection, tabulation, presentation, and analysis of statistical data describing the U.S. economy. Also, see Standard Industrial Classification Code.
“NPDES permit.”
Waste discharge permits issued by the Washington State Department of Ecology to the City pursuant to Chapter 90.48 RCW and Section 402 of the Federal Clean Water Act that establish special and general conditions for discharging effluent from the City’s Central and North End treatment plants into waters of the state.
O. 
12.08C.040.O.
“Operator”
Any person or group of persons, other than a facility manager, in control of or otherwise responsible for, through any arrangement, the management and operation of a facility or an entity or business enterprise subject to regulation under this chapter.
“Owner.”
Any person holding title to, or an ownership interest in, a facility. It shall be presumed that the person identified in records of the Pierce County Assessor as the taxpayer is the owner of any such real property that constitutes a facility or upon which a facility is located.
P. 
12.08C.040.P.
“Pass through.”
A discharge which exits the POTW into waters of the United States or the state in quantities or in concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the City’s NPDES Permit, including an increase in the magnitude or duration of a violation.
“Permittee.”
Any person to whom an industrial wastewater discharge permit has been issued pursuant to this chapter.
“Person.”
Any individual, partnership, co-partnership, firm, company, association, joint stock company, trust, estate, society, corporation, group, government, governmental agency or other legal entity, and their legal representatives, agents or assigns. The definition includes all federal, state and local government entities.
“pH.”
The negative logarithm of the effective hydrogen-ion concentration or hydrogen activity in gram equivalents per liter used in expressing both acidity and alkalinity on a scale with values from 0 to 14, with 7 representing neutrality. Values lower than 7 are more acidic, and higher values are more alkaline.
“Pharmaceutical.”
Any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen), or any liquid nicotine (e-liquid) packaged for retail for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); OTC drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in nonempty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.
“Pollutant.”
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive materials, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g. pH, temperature, TSS turbidity, color, BOD5, COD, toxicity or odor).
“POTW.”
Means a treatment works, as defined by 33 U.S.C. Section 1292 (2), which is owned and operated by the City. The term generally refers to any devices and systems used in the conveyance, storage, treatment, recycling and reclamation of municipal sewage and industrial wastes of a liquid nature. A reference to the POTW means and refers to the POTW owned or operated by the City, unless a different meaning is otherwise plainly required.
“POTW treatment plant.”
That portion of the POTW known as the Central and North-End treatment plants that provides treatment of municipal wastewater.
“Pretreatment.”
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 POTW through physical processes, biological processes, or by other processes or means, except as prohibited by 40 CFR Section 403.6(d).
“Pretreatment facilities.”
Wastewater treatment equipment, units, devices, facilities or portions thereof designed to provide pretreatment of wastewater.
“Pretreatment program.”
A federal, state and local program administered by the City that requires industrial and commercial sources of non-domestic wastewater to treat wastewater prior to discharging it to the POTW.
“Pretreatment interlocal agreement.”
An interlocal agreement entered into by and between the City and another jurisdiction that is administered under TMC § 12.08C.460.
“Pretreatment requirements.”
Any substantive or procedural requirement related to pretreatment of wastewater, other than a pretreatment standard imposed on an industrial user.
“Pretreatment standard.”
Any regulation containing pollutant limitations promulgated by the EPA in accordance with Section 307(b) and(c) of the Federal Clean Water Act or promulgated by the Washington State Department of Ecology in accordance with Chapter 90.48 RCW which applies to industrial users. The term includes prohibited discharge limits established pursuant to 40 CFR Section 403.5 and other standards, BMPs, local limits and specific prohibitions established by the Control Authority. See also, definition of “Applicable pretreatment standard.”
“Private side sewer” and “side sewer.”
Shall have the same meaning as that term is given pursuant to TMC Chapter 12.08B.
Q. 
12.08C.040.Q.
R. 
12.08C.040.R.
“Responsible person.”
Any person made responsible for compliance with the provisions of this chapter, any regulations established pursuant to this chapter, or any conditions of a permit, authorization or approval made or given pursuant to this chapter. Responsible persons are generally set forth at TMC § 12.08C.020B.
“Reverse distributor.”
Any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.
S. 
12.08C.040.S.
“Septic tank waste” or “domestic septage.”
Liquid or solid material removed from a septic tank, cesspool, holding tank, or a similar system that receives only domestic waste (household, non-commercial, non-industrial sewage).
“Significant industrial user”
means:
1. 
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
2. 
Any other industrial user that discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding domestic, noncontact cooling and boiler blowdown wastewater); or contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW; or is designated as such by the Control Authority 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), as found in 55 FR 30128, July 24, 1990).
“Slug discharge.”
Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary 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. This includes a discharge which exceeds the hydraulic or design of an industrial user’s treatment system or any part of the treatment unit.
“Stormwater.”
That portion of precipitation, including snowmelt, that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a receiving water or stormwater facility.
“Supplemental fees.”
Expenses and costs the Control Authority incurs to address and respond to a violation of TMC Chapter 12.08C, and which shall include, but not be limited to: (i) personnel costs, both direct and indirect; (ii) costs to investigate, contain, and abate the discharge, including cleaning up any contamination caused by the discharge that may be present within the POTW, at the point of discharge, or in the receiving environment; (iii) costs to respond to a discharge causing pass through or interference; (iv) costs to document and enforce a violation of TMC Chapter 12.08C; (v) costs to hire a contractor(s) or consultant(s) to respond to such violations; (vi) laboratory costs and analytical expenses; (vii) costs for equipment, materials, and supplies; (viii) mobilization, transportation, treatment, storage, and disposal costs; (ix) attorney’s fees, when authorized; (x) costs required for printing or mailings; and (xi) costs to collect unpaid supplemental fees.
T. 
12.08C.040.T.
“Tampering” or “tamper.”
Any action taken to alter, bypass, damage or disable a monitoring device that would render it inaccurate.
“Threatened discharge.”
The existence of any condition or practice which reasonably could be expected to lead to an unauthorized discharge of wastewater, that may present an imminent danger or threat to the health and welfare of persons or the environment, or that threatens to interfere with the operation of the POTW.
“Total suspended solids” or “TSS.”
Solids that either float on the surface of or are suspended in water, sewage, or other liquid, and which are removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136, as amended.
“Toxic pollutant.”
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307(a) of the Federal Clean Water Act or as otherwise listed in 40 CFR Part 122, Appendix D.
U. 
12.08C.040.U.
“Upset.”
An exceptional incident in which there is unintentional and temporary noncompliance with the applicable pretreatment standards because of factors beyond the reasonable control of the industrial user. The term “upset” does not include noncompliance to the extent it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
V. 
12.08C.040.V.
W. 
12.08C.040.W.
“Wastewater” or “wastestream.”
Liquid and water-carried industrial wastes, holding tank waste, and domestic wastes from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated.
“Written instrument”
means any paper, document, or other instrument containing written or printed matter or its equivalent, or any stamp, seal, certification, trademark, or other evidence or symbol of value, right, privilege, or identification.
X. 
12.08C.040.X.
Y. 
12.08C.040.Y.
Z. 
12.08C.040.Z.
(Ord. 28761 Ex. C, 2021-05-25)