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 otherwise defined in this chapter 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.
"Abate" or "correct" or "remedy,"or any derivation thereof, means to act to stop an activity, and/or to repair, replace, remove, restore, rehabilitate, or otherwise remedy a condition, where such activity or condition constitutes a violation; provided, that the actions taken must not endanger the general health, safety, and welfare of the community and must resolve the violation by bringing the activity or condition into compliance with the regulation alleged to have been violated, and into compliance with any standards or requirements applicable to the actions taken to repair, replace, remove, restore, rehabilitate, or otherwise remedy the condition.
"Amalgam process wastewater"means any wastewater generated and discharged by a dental discharge facility through the practice of dentistry that may contain dental amalgam.
"Amalgam separator"means a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental discharge facility.
"Amalgam waste"means any noncontact 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"means 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"means:
(a) If the industrial user is a corporation:
(1) 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
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;
If the industrial user is a partnership or sole proprietorship: a general partner or proprietor, respectively;
If the industrial user is a limited liability company: the managing member(s) of the limited liability company;
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
The individuals described in subsections
(a) through
(d) of this definition 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.
"Batch discharge"means 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"means 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 wastestream and causing "interference" and/or "pass through" and/or damage to biosolids.
means the quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in parts per million or milligrams per liter (mg/L) by weight, using methods approved under 40 CFR Part
136.
shall mean Monday through Friday, excluding all state and national holidays and days that city administrative offices are closed due to inclement weather conditions, war, riots, or natural disaster.
"Bypass"means the intentional diversion of a wastestream from any portion of an industrial user's treatment facility prior to being discharged to the POTW.
"City"means, unless a different meaning is otherwise plainly required, the city of Fircrest, 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.
"Civil infraction"shall mean any act or omission that constitutes a violation of any regulation and which violation is designated in the city code as a civil infraction.
"Color"means the optical density at the visual wavelength 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.
"Compliance order"shall mean an order or directive that is subject to enforcement under this chapter and issued by a control authority directing the responsible person to take corrective action or to cease certain action identified in the order. Compliance orders include, by way of example only and not limitation, an order to take corrective action; a stop-work order; a stop-use order; an emergency order; and an order to vacate, repair, or demolish a noncompliant structure.
"Composite sample"means 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.
"Control authority"means the city of Tacoma, acting as the city's agent pursuant to a pretreatment interlocal agreement, as lead agency for implementation and enforcement of pretreatment regulations set forth in this chapter and as control authority for issuance of industrial wastewater discharge permits, within the corporate boundaries of the city; provided, that nothing herein shall be construed or operate to waive or abdicate the city's authority to enforce the requirements of this chapter.
"Control mechanism"means 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"shall mean contact cooling water or noncontact cooling water which have the following meanings:
(a) Contact.Water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product; and
(b) 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.
"Corporation"means any firm, business, association, partnership, limited liability company, corporation, or other legal entity, public or private, however organized.
"Correction notice"means a verbal or written statement, made or issued by a control authority, notifying a responsible person that a violation(s) has occurred or may occur, informing such person of the legal and factual basis for the determination that a violation has occurred or may occur, and informing such person that the violation(s) must be abated or mitigated or that certain action must be taken to prevent a violation(s) from occurring. A correction notice is intended to be a warning and is not the equivalent of a compliance order and is not subject to appeal.
"Costs of abatement" or "costs of remediation" or "costs of mitigation"shall mean the costs of any abatement, remediation, or mitigation action taken by the city to abate, remediate, or mitigate the violation using lawful means in the event that the responsible person fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorneys' fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; and actual costs and expenses of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and other administrative costs.
"Daily maximum discharge limit"means the maximum allowable discharge limit of a pollutant that may be discharged during a 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"means an alloy of elemental mercury and other metal(s) that is used in the practice of dentistry.
"Dilute"means a wastestream that has been reduced in strength by the addition of water or another solution.
"Domestic wastewater"means 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.
"Emergency"means a situation that requires immediate action to prevent or eliminate an imminent threat to the health, welfare, or safety of persons or property.
"Enforcement response plan"means the procedures adopted by the control authority as required pursuant 40 CFR Section
403.8(f)(5) for investigating and responding to instances of industrial user noncompliance with federal, state, and local wastewater discharge regulations.
means 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"means 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.
"Facility"means 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"means 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.
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.
"Food service establishment"means any nonmobile 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.
"Grab sample"means 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 15 minutes.
"Hauled waste"means any domestic or nondomestic wastes delivered by tanker truck for discharge to the POTW.
"Hauler"means any person that delivers domestic or nondomestic waste by tanker truck for discharge to the POTW.
"Hazardous waste"means any waste designated as hazardous under the provisions of 40 CFR Part
261 or a dangerous waste under Chapter
173-303 WAC.
means pharmaceuticals that are considered RCRA hazardous by the EPA. Excluded are nonprescription pharmaceuticals that have a reasonable expectation of being used/reused or reclaimed.
"Healthcare facility"means any person that is lawfully authorized to:
(a) 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
Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals.
"Hearing examiner"means the Tacoma hearing examiner, and the office thereof established pursuant to Tacoma Municipal Code ("TMC") Chapter 1.23 to hear appeals of civil violations and compliance orders.
"Holding tank waste"means 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.
"Indirect discharge"means 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. Section
1317), or this chapter, including holding tank waste discharged by a nondomestic industrial user to the POTW.
means a nondomestic source of an indirect discharge or any other industrial or commercial facility or business that has a sewer connection to the municipal wastewater system, whether or not the industrial user discharges nondomestic wastewater.
"Industrial wastewater discharge permit"means 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"means 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"means a discharge which alone or in combination with other discharges:
(a) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
Causes a violation of the 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.
"Local limits"means discharge limits developed by the control authority in accordance with 40 CFR Sections
403.5(c) and
(d) which are set forth in this chapter.
shall mean sending the document by regular, first-class mail, postage prepaid and properly addressed, to the last known address of the person subject to the document. The last known address shall be an address provided to the city by the person to whom the document is directed; if an address has not been provided to the city, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address used for the payment of utilities for the property at which the violations are occurring; or the address appearing on the project permit application. Where service of the notice of violation is by mail, service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.
"Mitigate"means to take measures, subject to city approval, to minimize the harmful effects of the violation where abatement is either impossible or unreasonably burdensome.
"New source dental discharge facility"means 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"means wastewater, when analyzed in accordance with procedures established in 40 CFR Part
136, as amended, that contains no more than 200 mg/L of five-day biochemical oxygen demand (BOD5) or 225 mg/L of total suspended solids.
means 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.
"Notice of infraction" or "notice of civil infraction"means a written statement compliant with the rules of the Washington Supreme Court, representing a determination that a civil infraction has been committed, and issued under authority of Chapter
7.80 RCW or a civil infraction system approved by ordinance adopting a civil infraction system under authority of Chapter
7.80 RCW.
means waste discharge permits issued by the Washington State Department of Ecology to the city of Tacoma 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 plant into waters of the state.
means 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"means 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.
"Pass through"means 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 NPDES permit, including an increase in the magnitude or duration of a violation.
"Permittee"means any person to whom an industrial wastewater discharge permit has been issued pursuant to this chapter.
"Person"means any individual, partnership, copartnership, 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.
"Personal service"shall mean handing the document to the person subject to the document or leaving it at the person's dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at the person's office or place of employment with a person in charge thereof.
"pH"means 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 zero to 14, with seven representing neutrality. Values lower than seven are more acidic, and higher values are more alkaline.
"Pharmaceutical"means 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., prefilled 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 Section
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.
means 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).
"Posting"shall mean affixing a copy of the document in a conspicuous place on the property(ies) where the violation occurred, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting shall be accomplished on the date of the posting in compliance with this section.
"POTW" or "publicly owned treatment works"means a treatment works, as defined by 33 U.S.C. Section
1292(2), which is owned and operated by the city of Tacoma. 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.
means that portion of the POTW known as the city of Tacoma's north end treatment plant that provides treatment of municipal wastewater.
"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 POTW through physical processes, biological processes, or by other processes or means, except as prohibited by 40 CFR Section
403.6(d).
means wastewater treatment equipment, units, devices, facilities or portions thereof designed to provide pretreatment of wastewater.
"Pretreatment interlocal agreement"means an interlocal agreement entered into by and between the city and the city of Tacoma governing the conditions upon which the city of Tacoma will accept wastewater from the city and requiring that the city implement pretreatment standards and requirements in the city that are no less stringent and are as broad in scope as the city of Tacoma's applicable standards and requirement.
"Pretreatment program"means a federal, state and local program administered by the city of Tacoma that requires industrial and commercial sources of nondomestic wastewater to treat wastewater prior to discharging it to the POTW.
"Pretreatment requirements"means any substantive or procedural requirement related to pretreatment of wastewater, other than a pretreatment standard imposed on an industrial user.
"Pretreatment standard"means any regulation containing pollutant limitations promulgated by the EPA in accordance with Sections 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."
means the sewage conveyance pipe owned by the property owner that extends from approximately two feet outside of a building or structure to the connection at the municipal wastewater system. In most circumstances, a portion of the private side sewer/side sewer extends into public streets or alleys connecting to the public sewer main.
"Regulation" or "city regulation"means and includes any of the following:
(a) Any title, chapter, section, or subsection of the FMC, as now or may be hereafter amended, renumbered, or recodified, that is by law made subject to enforcement under the provisions of this chapter;
All standards, regulations, rules, requirements, and procedures, and any amendments thereto, adopted or promulgated by the city council, or by a city officer pursuant to or under authority of the FMC or state law, that are by law made subject to enforcement under the provisions of this chapter;
The terms and conditions of any project permit or approval issued or granted by the city pursuant to or under authority of the FMC or state law, that are by law made subject to enforcement under the provisions of this chapter;
The terms and conditions of any order, compliance order, permit, or license issued or granted by a city official pursuant to or under authority of the FMC or state law, that are by law made subject to enforcement under the provisions of this chapter; and
The terms and conditions of any concomitant or development agreement with the city, and any amendments thereto, which has been issued, granted or authorized by the city pursuant to provisions of the FMC or state law, that are by law made subject to enforcement under the provisions of this chapter.
"Remediate"means to restore to a condition that complies with the development code or, for sites that have been degraded upon prior ownerships, to restore to a condition that does not pose a probable threat to the environment or to the public health, safety, or welfare.
"Repeat violation"means, as evidenced by the prior issuance of a correction notice, compliance order, a notice of violation or a notice of civil infraction, that a violation has occurred on the same development site, property, premises, or structure within a two-year period, or the responsible person has committed a violation elsewhere within the city within a two-year period. To constitute a repeat violation, the violation need not be the same type of violation as the prior violation.
"Responsible person"means 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 FMC §
20.30.020(b).
means 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.
"Septic tank waste" or "domestic septage"means liquid or solid material removed from a septic tank, cesspool, holding tank, or a similar system that receives only domestic waste (household, noncommercial, nonindustrial sewage).
"Significant industrial user"means:
(a) All industrial users subject to categorical pretreatment standards under 40 CFR Section
403.6 and
40 CFR Chapter I, Subchapter N; and
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 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 Section
403.8(F)(6), as found in 55 FR 30128, July 24, 1990).
"Slug discharge"means any discharge of a nonroutine, 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. This includes a discharge which exceeds the hydraulic or design of an industrial user's treatment system or any part of the treatment unit.
"Stop-use order"means a compliance order, or that part of a compliance order, directing the responsible person to immediately cease and desist a use identified in the order.
"Stop-work order"means a compliance order, or that part of a compliance order, directing the responsible person to immediately cease and desist, and/or to take, certain action identified in the order.
"Stormwater"means 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"means expenses and costs the control authority incurs to address and respond to a violation of this chapter, and which shall include, but not be limited to: (a) personnel costs, both direct and indirect; (b) 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; (c) costs to respond to a discharge causing pass through or interference; (d) costs to document and enforce a violation of this chapter; (e) costs to hire a contractor(s) or consultant(s) to respond to such violations; (f) laboratory costs and analytical expenses; (g) costs for equipment, materials, and supplies; (h) mobilization, transportation, treatment, storage, and disposal costs; (i) attorneys' fees, when authorized; (j) costs required for printing or mailings; and (k) costs to collect unpaid supplemental fees.
"Tampering" or "tamper"means any action taken to alter, bypass, damage, or disable a monitoring device that would render it inaccurate.
"Threatened discharge"means 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"means 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.
means 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.
means 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.
"Violation"means an act or omission proscribed by a provision of a regulation, which act or omission is by law made subject to enforcement under the provisions of this chapter.
"Wastewater" or "wastestream"means liquid and water-carried industrial wastes, holding tank wastes, 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.
(Ord. 1685 § 3 (Exh. A), 2022)