Part 1 — GENERAL PROVISIONS

7915. • AUTHORIZATION.

This Chapter is enacted pursuant to the authorization of Article 1, Chapter 5, Division 7, Title 1, of the California Government Code sections 54739 et seq., the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 C.F.R. 403).

7916. • PURPOSE.

The purposes of this title are:

(a)

To prevent the introduction of pollutants into the public sewer system which may harm or cause interference with the operation of the public sewer system or any publicly owned treatment works;

(b)

To prevent the introduction of pollutants to the public sewer system which may not be amenable to treatment and/or may pass through the public sewer system into a natural watercourse, natural body of water, or the atmosphere.

7917. • APPLICABILITY.

This Chapter shall apply to all industrial discharges to the public sewer system and shall be interpreted in accordance with the definitions set forth in this Part. If any conflicting provisions regulating industrial discharges are contained in any existing City ordinance, the provisions in this Chapter shall control.

7918. • TIME LIMITS.

Any time limit provided in any written notice or in any provision of this title may be extended only by written approval of the City.

7919. • FALSIFYING INFORMATION.

No person shall knowingly make false statements, representations, or certifications in any application, record, report, plan or other document provided to the City or required to be maintained pursuant to this Chapter or a permit, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this Chapter. The reports and other documents required to be submitted or maintained by this Chapter shall be subject to the provisions of 18 U.S.C. Section 1001 relating to fraud and false statements, Section 309(c)(4) of the Clean Water Act governing false statements, representations or certifications, and Section 309(c)(6) of the Clean Water Act regarding authorized representatives.

7920. • VALIDITY.

If any section of this Chapter is held invalid, the invalidity of that section shall not affect the validity of any other section of this Chapter.

7921. • DEFINITIONS.

The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this Section unless it is apparent from the context that another meaning is intended:

(a)

"Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

(b)

"Council" means the City Council of the City of Arcadia, California.

(c)

"City" means the City of Arcadia.

(d)

"County Health Officer" means the Director of Health Services of the County of Los Angeles, or his authorized deputy, agent, representative or inspector.

(e)

"Deposit" means the injection, dumping, spilling, leaking or placing of an industrial waste or pollutant placed into or on any land within the boundaries of the City.

(f)

"Director" means the Director of Public Works Services of the City of Arcadia, or his authorized deputy, agent, representative or inspector.

(g)

"Discharge" or "indirect discharge" means the introduction of pollutants into the public sewer system or a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.

(h)

"Effluent" means the liquid flowing out of any treatment plant or facility constructed and operated for the partial or complete treatment of wastewater.

(i)

"EPA" means the United States Environmental Protection Agency.

(j)

"Industrial building" means any building, structure or works which is, or which is designed to be used for the manufacture, processing or distribution of materials, equipment, supplies, food or commodities of any description; or which is used or designed to be used as a school, sanitarium, hospital, penal institution or charitable institution, together with all appurtenances thereto and the surrounding premises under the same ownership or control.

(k)

"Industrial user" or "user" means a source of a discharge.

(l)

"Industrial waste" means any and all waste substances, liquid or solid, except domestic wastewater, and includes among other things radioactive wastes and explosive, noxious or toxic gas when present in the wastewater system.

(m)

"Industrial waste pretreatment facility" means any works or device for the treatment, storage or control of industrial waste within a site prior to disposal.

(n)

"Interceptor" means a device designed and installed so as to separate and retain deleterious, hazardous or undesirable matter from wastes.

(o)

"Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources:

(1)

Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2)

Causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of wastewater sludge use or disposal in

compliance with the following statutory provisions and regulations 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, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including the state regulations contained in any sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, and the Marine Protection, Research and Sanctuaries Act.

(p)

"National Categorical Pretreatment Standard" or "pretreatment standard," means any regulations containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307 (b) and (c) of the Clean Water Act which apply to a specific category of user and which appear in Title 40 CFR Chapter I, Subchapter N, Parts 405-471.

(q)

"New source" means 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(c) of the Act applicable to such source.

(r)

"NPDES permit," means a National Pollution Discharge Elimination System permit issued pursuant to Section 402 of the Act.

(s)

"Off-site disposal" means the disposal or removal of industrial wastes or other materials regulated by this Chapter to a site other than the premises where the wastes were generated, whether or not such site is under the control of the industrial waste disposal permittee.

(t)

"On-site disposal" means the management, treatment, control or disposal, other than to the public sewer system, of industrial wastes or other materials within the premises named in an industrial waste disposal permit, whether or not the wastes were generated at the permitted site or by the permittee.

(u)

"Ordinance" means an ordinance of the City of Arcadia.

(v)

"Pass through" means a discharge which exits the POTW into the 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.)

(w)

"Permit" means an industrial waste discharge permit issued pursuant to Part 3 of this Chapter.

(x)

"Permittee" means the person to whom a permit has been issued.

(y)

"Pollutant" means something that causes pollution, including but not limited to dredged spoil solid waste, incinerator residue, wastewater, screenings, sludge, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and industrial, municipal, agricultural garbage, or any substance regulated under this Chapter.

(z)

"Pollution of underground or surface waters" means affecting the chemical, physical, biological and radiological integrity of such waters by man-made or man-induced activities.

(aa)

"Publicly-owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act, which is owned by a state or municipality (as defined by Section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of wastewater. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. For the purpose of this Division, "POTW" shall also include any sewers that convey wastewaters to the POTW from outside the municipality by contract.

(bb)

"Public sewer system" means all facilities owned, controlled or operated by City for the purpose of collecting and conducting wastewater to a POTW for treatment and disposal, including: collector sewers conducting wastewater from the individual laterals serving the originating premises; trunk sewers owned, controlled, or operated by the County of Los Angeles within the boundaries of the City that convey wastewater from tributary collector sewers; and any facilities appurtenant to the foregoing.

(cc)

"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 a POTW or other disposal facility. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by use of an industrial waste treatment facility or other means, except as prohibited by 40 CFR Section 403.6(d).

(dd)

"Rainwater diversion system" means any device designated to prevent the entry of stormwaters into the public sewer system or other waste disposal or treatment systems, and to redirect storm flows to appropriate areas.

(ee)

"Seepage pit" means an excavation in the ground which receives the discharge of a septic tank, so designed as to permit the effluent from the septic tank to seep through its bottom and sides.

(ff)

"Sewer disposal" means the disposal of industrial wastes or other materials into the public sewer system by means of a direct connection to the public sewer system from the premises named in an industrial waste disposal permit.

(gg)

"Sewage pumping plant" means any works or device used to raise wastewater from a lower to a higher level or to overcome friction in a pipeline.

(hh)

"Standard Industrial Classification" or "SIC" means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, as amended.

(ii)

"Trunk sewer" means a sewer under the jurisdiction of a public entity other than the City of Arcadia.

(jj)

"Uncontrolled discharge" means any discharge, intentional or accidental, occurring in such a manner that the discharger is unable to determine or regulate the quantity, quality or effects of the discharge.

(kk)

"Waste disposal facility" means any dump, solid waste disposal site, transfer station, sanitary landfill, land reclamation project, incinerator (except household incinerators and wood refuse to be burned in a suitable furnace), or other similar site or facility which is used or intended to be used for the acceptance for transfer, salvage or disposal of rubbish, garbage or industrial waste, whether liquid or solid.

(ll)

"Wastewater" means any liquid or water-borne pollutants including, but not limited to, domestic waste, nondomestic waste, sanitary waste or industrial waste.

(mm)

"Water pollution control plant" means any works or device for treating wastewater except any industrial waste pretreatment facility, and except any private wastewater disposal system covered by the Plumbing Code set out at Chapter 2 of Article VIII of this Code.