A. 
For the purpose of this division, the terms set forth in this chapter shall apply unless the context otherwise indicates.
B. 
Additional terms shall have the meanings indicated in Chapter 1 of the edition that is most recent, from time to time, of that certain plumbing code entitled Western Plumbing Officials Uniform Plumbing Code, adopted by the Western Plumbing Officials Association, copies of which are on file in the office of the city.
(Ord. 76-360 Art. I § 129; Ord. 76-361 Art. I § 1)
"Applicant"
means the person making application for a permit for a sewer installation and shall be the owner of premises to be served by the sewer for which a permit is requested, or his authorized agent.
(Ord. 76-360 § 110)
"Building sewer"
means that portion of any sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.
(Ord. 76-360 § 124)
"Contractor"
means an individual, firm, corporation, partnership, or association duly licensed by the state to perform the type of work to be done under the permit.
(Ord. 76-360 § 111)
"Garbage"
means solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
(Ord. 76-360 § 128)
"Living unit"
means any residence, apartment house, habitation, or other structure customarily occupied by a single person or family requiring sewage disposal service.
(Ord. 76-361 § 2(f))
"Multiple dwelling"
means a building for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one person or families, including, but not limited to, the following: hotels, motels, mobile home parks, apartment houses, duplexes, roominghouses, boardinghouses and dormitories.
(Ord. 76-360 § 113)
"Permit"
means any written authorization required pursuant to this division or any other regulation of city for the installation of any sewage works.
(Ord. 76-360 § 108)
"Sewage"
shall mean human excrement and gray water (household showers, dishwashing operations, and the like).
(Ord. 76-360 § 116; Ord. 2019-735 § 2 (Exh. 1))
"Side sewer"
means the sewer line beginning at the foundation wall of any building and terminating at the main sewer, and includes the building sewer and lateral sewer together.
(Ord. 76-360 § 125)
"Street"
means any public highway, road, street, avenue, alley, way, public place, public easement, or right-of-way.
(Ord. 76-360 § 114)
Authorized Representative of the Industrial User.
A. 
If the industrial user is a corporation, "authorized representative" shall mean:
1. 
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.
2. 
The manager of one or more manufacturing, production, or operation 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 or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. 
If the industrial user is a partnership, or sole proprietorship, an "authorized representative" shall mean a general partner or proprietor, respectively.
C. 
If the industrial user is a federal, state or local governmental facility, an "authorized representative" shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
D. 
The individuals described in subsections (A) through (C) of this section may designate another "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 city.
(Ord. 2019-735 § 2 (Exh. 1))
"Best management practices (BMPs)"
shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in FMC § 13.32.020 through § 13.32.160. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spills or leaks, sludge or waste disposal, or drainage from raw materials storage.
(Ord. 2019-735 § 2 (Exh. 1))
"Color"
shall mean the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.
(Ord. 2019-735 § 2 (Exh. 1))
"Existing source"
shall mean 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.
(Ord. 2019-735 § 2 (Exh. 1))
"Grab sample"
shall mean a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
(Ord. 2019-735 § 2 (Exh. 1))
"Interference"
shall mean a discharge which alone or in conjunction with a discharge or discharges from other sources: inhibits or disrupts the POTW, its treatment processes, or operations or its sludge processes, use, or disposal; and therefore is a cause of a violation of the city's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent state or local regulations): Section 405 of the 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 SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
(Ord. 2019-735 § 2 (Exh. 1))
"Medical waste"
shall mean isolation 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.
(Ord. 2019-735 § 2 (Exh. 1))
A. 
"New source" shall mean:
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(I) of the Act that 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 (A)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.
3. 
Construction of a new source as defined in this subsection 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 subsection.
(Ord. 2019-735 § 2 (Exh. 1))
"Pass through"
shall mean a 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 POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
(Ord. 2019-735 § 2 (Exh. 1))
"Person"
shall mean 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. This definition includes all federal, state, or local governmental entities.
(Ord. 2019-735 § 2 (Exh. 1))
"POTW"
shall mean publicly owned treatment works, a wastewater treatment plant that is owned, and usually operated, by a government agency.
(Ord. 2019-735 § 2 (Exh. 1))
"Significant industrial user"
shall apply to industrial users subject to categorical pretreatment standards; any other industrial user that discharges an average of 25,000 gallons per day (gpd) or more of process wastewater, contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or is designated as significant by the city 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.
(Ord. 2019-735 § 2 (Exh. 1))
"Slug load"
shall mean any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in FMC § 13.32.020 through § 13.32.150 or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.
(Ord. 2019-735 § 2 (Exh. 1))
"Wastewater"
shall mean liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
(Ord. 2019-735 § 2 (Exh. 1))