Unless the provision or context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them.
“Act” or “the Act”
shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
“Approval authority”
shall mean California Regional Water Quality Control Board – Pretreatment Unit.
“Authorized representative of industrial user”
shall mean an authorized representative of an industrial user and may be: (A) a principal executive officer of at least the level of vice-president, if the industrial user is a corporation; (B) a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; (C) a duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
“Beneficial uses”
shall mean uses of the waters of the State that may be protected against quality degradation including, but are not necessarily limited to, domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by Federal or State law.
“BOD (biochemical oxygen demand)”
shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty degrees (20°) centigrade expressed in milligrams per liter.
“Building drains”
shall mean the part of the lowest horizontal pipe of a drainage system which receives the discharge from soil, waste and other discharge pipes inside the walls of the building and conveys it to the building sewer. The building drain ends where it is connected to the building sewer five feet (5') outside the building wall.
“Building sewer”
shall mean the extension of the building drain to the public sewer or other place of disposal.
“Categorical standards”
shall mean National Categorical Pretreatment Standards which apply to industrial and commercial users in specific industrial categories determined by the EPA to be significant sources of toxic pollutants.
“City”
shall mean the City of San Juan Bautista.
“City Council”
shall mean the City Council of the City of San Juan Bautista.
“City Manager”
shall mean the City Manager of the City of San Juan Bautista, or his authorized deputy, agent or representative.
“Combined sewer”
shall mean a sewer receiving both surface runoff and domestic sewage.
“Compatible pollutant”
shall mean limited quantities of biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the City’s National Pollutant Discharge Elimination System (NPDES) permit.
“Contamination”
shall mean an impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the State are affected.
“Cooling water”
shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
“Diluting waters”
shall mean water from cooling water sources, domestic sewage, potable water which is not normally from industrial processes and which does not contain constituents requiring pretreatment.
“Direct discharge”
shall mean the discharge of treated or untreated wastewater directly to the waters of the State of California.
“Dwelling unit”
shall mean each single-family residence, house, apartment, motel, hotel or living quarter having its own separate kitchen and/or sanitary facilities.
“Garbage”
shall mean the putrescible solid waste from the domestic and partially prepared, cooking and dispensing of food and from the handling, storage and sale of produce.
“Grab sample”
shall mean a sample which is taken from a waste stream on a one (1) time basis with no regard to the flow in the waste stream and without consideration of time.
“Holding tank waste”
shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuumpump tank trucks, and sometimes referred to as septage.
“Incompatible pollutant”
shall mean any pollutant which is not a compatible pollutant as defined in this Section. The pretreatment standard for incompatible pollutants introduced into a publicly owned treatment works by a major contributing industry not subject to Section 307(c) of the Federal Act shall be, for sources within the corresponding industrial or commercial category, that established by a promulgated effluent limitation guideline defining best practicable control technology currently available pursuant to Sections 301(b) and 304(b) of the Federal Act; provided, that if the publicly owned treatment works which receives the pollutants is committed, in its NPDES permit, to remove a specified percentage of any incompatible pollutant, the pretreatment standard applicable to users of such treatment works shall be correspondingly reduced for that pollutant; and provided further, that even when the effluent limitations guideline for each industry category is promulgated, a separate provision will be proposed concerning the application of such guideline to pretreatment.
“Indirect discharge”
shall mean the discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act into the sewage collection and treatment system (including holding tank waste discharged into the system).
“Industrial user”
shall mean a source of indirect discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to Section 402 of the Act.
“Industrial waste”
shall mean the water-carried putrescible waste from the industrial manufacturing and industrial processing as distinct from sanitary sewage and shall include trade wastes produced by, but not limited to, food processing and bottling plants, and food manufacturing plants.
“Industrial waste sewer”
shall mean receiving industrial waste only.
“Interference”
shall mean the inhibition or disruption of the sewage treatment plant treatment processes or operations which contributes to a violation of any requirement of the City’s NPDES permit. The term includes prevention of sewage sludge use or disposal by the sewage treatment plant in accordance with Section 405 of the Act, or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. Sections 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (including those contained in any State sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the sewage treatment plant.
“National Categorical Pretreatment Standard” or “pretreatment standard”
shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act which applies to a specific category of industrial users.
“National Pollution Discharge Elimination System permit” or “NPDES permit”
shall mean a permit issued pursuant to Section 402 of the Act.
“National prohibitive discharge standard” or “prohibitive discharge standard”
shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.
“Natural outlet”
shall mean any outlet taken to a watercourse, pond, ditch, lake or other body of surface or ground water.
“New source”
shall mean any source the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within one hundred twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later than one hundred twenty (120) days after proposal, a “new source” means any source the construction of which is commenced after the date of promulgation of the standard.
“Nuisance”
shall mean any thing which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
“Person”
shall mean individual, partnership, copartnership, 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 feminine, the singular shall include the plural where indicated by the context.
“pH”
shall mean the negative logarithm of the effective hydrogen-ion concentration.
“Pollutant”
shall mean any dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
“Pollution”
shall mean an alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination.
“Pretreatment” or “treatment”
shall mean 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 sewage treatment plant.
“Pretreatment requirements”
shall mean any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
“Public sewer”
shall mean a sewer in public owned land or easement controlled by the City of San Juan Bautista.
“Publicly owned treatment works (POTW)”
shall mean a treatment works as defined by Section 212 of the Act which is owned by the City including any sanitary sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Chapter, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the City of San Juan Bautista who are, by contract or agreement with the City, users of the San Juan Bautista POTW.
“POTW sanitary sewer”
shall mean a system of pipes, ditches, mains and conduits designed and used for the transport of wastewater to the POTW.
“POTW treatment plant”
shall mean that portion of the POTW designed to provide treatment to wastewater whether of industrial or domestic origin.
“Sanitary sewage”
shall mean the water-carried putrescible waste from residences, hotels, restaurants, eating houses or from business establishments or merchandise which contains garbage, human waste or animal waste.
“Sewage”
shall mean a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm water as may be present.
“Sewage treatment plant”
shall mean an arrangement of devices and structures used for treatment of sewage.
“Sewage works”
shall mean all facilities for collecting, pumping, treatment and disposing of sewage.
“Sewer”
shall mean a pipe or conduit for carrying sewage.
“Shall”
is mandatory; “may” is permissive.
“Significant industrial user”
shall mean any industrial user of the City’s wastewater disposal system who (A) has a discharge equal to or exceeding the concentrations of pollutants in twenty-five thousand (25,000) gallons or more of equivalent domestic sewage per average work day, or (B) has a flow greater than five percent (5%) of the flow in the City’s wastewater treatment system, or (C) has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act of California’s Statutes and rules, or (D) is found by the City, State of California Regional Water Quality Control Board, or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.
“Special sewer”
is any sewer or storm drain constructed under the authority of the City of San Juan Bautista, the costs of which were not directly assessed to or borne by the abutting property and which have been or may hereafter be designated as such special sewer by resolution of the City Council.
“Special sewer fee”
is the fee established by resolution of the City Council to be paid by any person upon issuance of a permit to connect to a special sewer.
“Standard Industrial Classification (SIC)”
shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
“State”
shall mean State of California.
“Storm drain” (sometimes termed “storm sewer”)
shall mean a sewer which carries storm and surface waters and drainage, but which excludes sewage and industrial waste other than uncontaminable cooling water.
“Storm water”
shall mean any flow occurring during or following any form of natural precipitation and resulting therefrom.
“Suspended solids”
shall mean solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
“Toxic pollutant”
shall mean any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Section 307(a) of the Act or other applicable law.
“User”
shall mean any person who contributes, causes or permits the contribution of wastewater into the City’s POTW.
“Waste”
shall include sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing.
“Wastewater”
shall mean the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, whether treated or untreated.
“Wastewater constituents and characteristics”
shall mean the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality and strength of wastewater.
“Watercourses”
shall mean the channel in which a flow of water occurs, either continuously or intermittently.
“Waters of the State”
shall mean 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.
Abbreviations. The following abbreviations shall have the designated meanings:
BOD
Biochemical Oxygen Demand.
CFR
Code of Federal Regulations.
COD
Chemical Oxygen Demand.
L
Liter.
mg
Milligrams.
mg/L
Milligrams per liter.
NPDES
National Pollutant Discharge Elimination System.
POTW
Publicly Owned Treatment Works.
SIC
Standard Industrial Classification.
SWDA
Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
USC
United States Code.
TSS
Total Suspended Solids.