Article I — ADMINISTRATIVE PROVISIONS

(a)

The wastewater facilities of the City of Barstow (city) discharge treated effluent to percolation ponds adjacent to the Mojave river bed.

(b)

Existing laws and regulations establish limits on the nature of all effluent discharged to waterways, to the surface, or underground.

(c)

The Regional Water Quality Control Board (RWQCB), Lahontan Region, has established limits on the concentration of selected biological and chemical constituents of the effluent discharged by the city. These limits are set forth in orders adopted by the RWQCB.

(d)

In order to comply with the requirements contained in those orders, the city must regulate the content of wastes discharged into the city's waste water treatment plant (BWWTP). This chapter establishes requirements for discharges into the BWWTP in order to enable the city to comply with the provisions of the its Waste Discharge Requirement (WDR) permit issued by the RWQCB, the Porter-Cologne Water Quality Control Act and with other criteria required or authorized by state law. In 2005 the Federal Environmental Protection Agency adopted changes to the General Pretreatment Standards (40 CFR 403) known as the Pretreatment Streamlining Rule (order number EPA-833-F-06-005). With this rule change, the EPA identified 13 rule changes that are more stringent than the provisions 40 CFR 403, and therefore may require changes to the appropriate state of POTW authorities. Those changes, which are required per this order, will be identified within this document.

(e)

The city has undertaken and completed specific financial studies relating to the capital needs, as well as the operation and maintenance needs of the facilities and system.

(f)

The financial requirements of the city, as shown in the current reports prepared by staff and consultants, are based on current, reliable information and data relating to population projections, wastewater flow and capital facilities needs and are expected to be realized in each year of the report.

(g)

The revenues derived under the provisions of this chapter will be used for the acquisition, construction, reconstruction, maintenance and operation of the sewage collection, wastewater treatment and disposal

facilities of the city. To repay principal and interest on debt instruments; or to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves.

(h)

The need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage.

(i)

The charges established and levied by this chapter are to allow the city to recover the costs necessary to provide sewer service to individual parcels of real property, and shall not be construed as overriding the authorization for any fees that were previously lawfully approved by the city council. The basis for the respective charge is the request of the owner of a parcel, for the benefit of him/herself or the occupants of the property, to receive a service based upon actual use, consumption and disposal of water to the BWWTP in lieu of disposal by other means.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

This chapter provides for the regulation of wastewater discharges in accordance with the following objectives:

(1)

To prevent the introduction of pollutants into the BWWTP which will interfere with the operation of the BWWTP, including interference with its use or disposal of municipal biosolids;

(2)

To prevent the introduction of pollutants into the BWWTP which will pass through the treatment works, inadequately treated, to the receiving waters or otherwise be incompatible with such works;

(3)

To improve opportunities to recycle and reclaim wastewater and biosolids;

(4)

To enable the city to comply with its WDR permit conditions, biosolids use and disposal requirements, and any other applicable federal or state laws. Streamline Rule § 403.7(h) removal credits for combined sewer overflows states; No change to POTW pretreatment programs is necessary based on this regulatory change. The City of Barstow does not have a combined sewer collection system.

(5)

To provide for the equitable distribution of the costs associated with the operation of the BWWTP; and

(6)

To protect and preserve the health and safety of the citizens and personnel of the city and adjacent service areas.

(b)

This chapter shall apply to all users of the BWWTP. This chapter authorizes:

(1)

The issuance of industrial user permits;

(2)

Monitoring, compliance, and enforcement activities;

(3)

Administrative review procedures;

(4)

Plan check review services;

(5)

User reporting requirements;

(6)

The establishment of fees; and

(7)

The equitable distribution of costs resulting from the program established herein.

(c)

This chapter is adopted pursuant to the city's authority under Government Code § 54739.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

Adoption of interpretive rules. The Environmental Services Department may adopt interpretive rules consistent with the provisions of this chapter for the protection of the BWWTP. Interpretive rules by the

Industrial Pretreatment Division pertain to, but shall not be limited to, discharge limitations, pretreatment requirements, standards for wastewater lines and services.

(b)

General powers of the industrial pretreatment division. Except as otherwise provided herein, the Industrial Pretreatment Division shall administer, implement and enforce the provisions of this chapter. In addition to the authority to regulate discharges through enforcement of discharge limitations and prohibitions, the Industrial Pretreatment Division shall have the authority to respond to the following:

(1)

Endangerment to the health or welfare of the community. The Industrial Pretreatment Division, after informal notice to the affected user, may immediately and effectively halt or prevent any discharge of pollutants into the BWWTP, by any means available, including physical disconnection from the BWWTP, whenever the discharge reasonably appears to present an imminent endangerment to the health or welfare of the community; and

(2)

Endangerment to the environment or the BWWTP. The Industrial Pretreatment Division, after written order to the user, may halt or prevent any discharge of pollutants into the BWWTP, by any means available, including physical disconnection from the BWWTP, whenever such discharge presents or may present an imminent and substantial endangerment to the environment or threatens to damage or interfere with the operation of the BWWTP.

The discharges referred to in subdivisions 1 and 2 above may be halted or prevented without regard to the compliance of the user with other provisions of this chapter.

(c)

Specific powers of the industrial pretreatment division. If wastewater containing any pollutant in excess of discharge limitations as specified in this chapter, is discharged or proposed to be discharged into the BWWTP, the Industrial Pretreatment Division may take any action necessary to:

(1)

Prohibit the discharge of such wastewater;

(2)

Require the person discharging to demonstrate that in-plant modifications will reduce or eliminate the pollutant or substance so that the discharge will not violate this chapter;

(3)

Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the pollutants or substance so that the discharge will not violate this chapter;

(4)

Require the person making, causing or allowing the discharge to pay any required Industrial user permit fees, inspection fees that may be authorized by the city council via resolution, and any additional cost or expense incurred by the city in handling, treating or disposing of excess pollutant loads imposed on its BWWTP, including, but not limited to, any fines, penalties or legal expenses, including attorney's fees, payable by the city associated with alleged or actual violations of the city's WDR permit attributed to the person's discharge;

(5)

Obtain timely and factual reports from the person responsible for such discharge; and

(6)

Take such other or further remedial action as may be deemed desirable or necessary to achieve the purposes of this chapter.

(Ord. No. 965-2019, § 1, 12-2-2019)

All power and authority granted to the Industrial Pretreatment Division may be delegated to any person capable and qualified to carry out the delegated power and authority.

(Ord. No. 965-2019, § 1, 12-2-2019)

It shall be unlawful for any user to commence, significantly increase, or substantially change the quantity or quality of wastewater discharged to the BWWTP without the express written consent of the Industrial Pretreatment Division.

(Ord. No. 965-2019, § 1, 12-2-2019)

All user information and data on file with the city shall be made available to the public and governmental agencies without restriction unless the user specifically claims the information to be confidential and is able to demonstrate to the satisfaction of the city that the release of such information would divulge proprietary information or trade secrets. Any such claim must be asserted when the information is submitted to the City by placing the words "Confidential Business Information" on each page containing such information. If no claim is made at the time of submission, the city may make the information available to the public without further notification to the user. All sample data obtained by either the user or the City shall not be considered confidential information. All production related information used to calculate mass based discharge limitations or required for the development of an industrial user permit shall not be considered confidential information. Confidential information may be made available, upon request, to governmental agencies for enforcement or judicial purposes related to this chapter, the WDR permit or the pretreatment program, and as required by federal or state law.

(Ord. No. 965-2019, § 1, 12-2-2019)

All monitoring reports, permit applications, and other information as required by the Industrial Pretreatment Division shall contain the following certification statement signed by an authorized representative of the industrial user:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

Any notice, order or requirement issued by the Industrial Pretreatment Division to a user determined to be in violation of the conditions or requirements specified in this chapter, the industrial user permit, or discharge limitations shall be deemed served if it is correctly addressed, postage pre-paid and deposited in the United States mail by certified mail, to the address on file for the user; or hand delivered to the user or authorized representative or designated contact of the user, at the address on file for the user.

(b)

Any notice, order or requirement issued by the Industrial Pretreatment Division shall be deemed received on the date personally delivered or on the third day after deposit in the United States by certified mail as provided in this section.

(Ord. No. 965-2019, § 1, 12-2-2019)

All the provisions of this chapter are to be reasonably interpreted. The intent is to recognize there are varying degrees of hazard to the BWWTP, the BWWTP sludge, personnel, surface and subsurface waters, environment and the public, and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a)

Unless the context specifically indicates otherwise, terms within this chapter not defined in subsection (b) of this section shall have the same meaning as commonly used within the industry.

(b)

Unless the context specifically indicates otherwise or as previously indicated, the meaning of the terms used in this chapter shall be as follows:

Approved analytical methods means the sample analysis techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods, approved by the city, or any other applicable sampling and analytical procedures, including procedures suggested by the city or other parties as approved by the EPA.

Authorized representative means:

(1)

A responsible corporate officer, if the user is a corporation, of the level of president, secretary, treasurer, or vice president 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, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2)

A general partner, managing member or proprietor if the user is a partnership, limited liability company or sole proprietorship respectively.

(3)

A director, highest appointed official, or employee designated to oversee the operation and performance of the activities of a federal, state or local government facility.

(4)

A duly authorized representative of the individual designated in 1, 2, or 3, provided such authorization is confirmed in writing by the individual described in 1, 2, or 3; and the authorization specifies the individual is a plant manager or holds a position of equivalent responsibility or an individual having overall responsibility for environmental matters.

Average daily flow means the mathematical daily average flow of industrial wastewater discharged from a user to the BWWTP over a 30-day period.

BMC means the City of Barstow Municipal Code.

BWWTP means the Barstow Waste Water Treatment Plant and shall include the collection system and all other devices, equipment, pipes, and systems used in the transmission, storage, treatment, recycling and reclamation of municipal sewage, sludge, or industrial wastewater, except sewer service lateral line connections.

Best management practices means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in the Clean Water Act,

40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste or wastewater sample measured under standard laboratory methods of five days at twenty degrees Celsius.

Building official means the employee for the City of Barstow Building Department, an authorized representative, or any city officer who is subsequently empowered to assume the duties of the building official.

Bypass means the intentional diversion of waste streams from any point of a user's pretreatment facility.

Categorical industrial user means all industrial users subject to National Categorical Pretreatment Standards promulgated by the EPA in accordance with sections 307 (b) and (c) of the Clean Water Act (33 U.S.C. Sec.1317 et seq.) and amendments thereto, and as listed by the EPA under the appropriate subpart of 40 CFR Chapter I, Subchapter N, and amendments thereto.

Chapter means chapter 13.12 of the BMC.

Chemical oxygen demand (COD) means the quantity of oxygen, expressed in mg/L required to chemically oxidize material in a waste sample or wastewater sample, under specific conditions of an oxidizing agent, temperature, and time. COD results are not necessarily related to BOD results.

City means the City of Barstow, acting through its elected officials and authorized representatives.

City attorney means the City of Barstow Attorney or an authorized representative, assistant, deputy, or agent appointed by the city council.

City council means the City of Barstow City Council.

City engineer means the Engineer for the City of Barstow, an authorized representative, deputy, or agent appointed by the city council.

Class I user means an industrial user (IU) classified as a Significant Industrial User (SIU).

Class II user means an industrial user with an average discharge between 10,000 and 24,999 gallons per day of industrial wastewater to the BWWTP.

Class III user means an industrial user with an average discharge between 1,000 and 9,999 gallons per day of industrial wastewater to the BWWTP that requires pretreatment to reduce the potential for adversely affecting the operation of the BWWTP or violating any pretreatment standard, prohibition, or requirement of this chapter.

Class IV user means an industrial user that has a temporary need, less than 180 days, to discharge wastewater to the BWWTP.

Collection system means all pipes, sewers and conveyance systems carrying wastewater to the BWWTP, owned and maintained by the city, excluding sewer service lateral line connections, which are classified as upper and lower laterals.

Combined wastestream formula means the formula, as outlined in the general pretreatment regulations of the Clean Water Act, 40 CFR 403.6(e), for determining wastewater discharge limitations for industrial users whose effluent is a mixture of regulated, unregulated, and dilution wastewater as defined in the formula.

Compliance order means a time schedule issued to an industrial user (IU) by the city that specifies corrective actions called milestones to be completed by the IU to correct violations of the industrial user's wastewater discharge permit or this chapter.

Consent order means a time schedule agreed upon between the city and an industrial user that specifies corrective actions called milestones to be completed by the industrial user to correct violations of the IU's wastewater discharge permit or this chapter.

Compliance schedule means a time schedule enforceable under this chapter containing increments of progress, i.e. milestones, in the form of dates. These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user's wastewater effluent.

Composite sample means a collection of individual samples obtained at selected time or flow based increments, which are combined into one sample.

Confined space, pursuant to California Code of Regulations, title 8, section 5157, subsection b, and amendments thereto, means a space that:

(1)

Is large enough and so configured that a person can bodily enter and perform assigned work;

(2)

Has limited or restricted means for entry or exit (for example, tanks vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and

(3)

Is not designed for continuous occupancy by a person.

Constituent means any physical, chemical, or biological component of water or wastewater that can be quantified using approved analytical methods.

Conventional pollutants means BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen and such additional pollutants that may be specified and controlled in the WDR permit issued by the RWQCB.

Cooling water means all water used solely for the purpose of cooling a manufacturing process, equipment, or product.

County means the County of San Bernardino or the Board of Supervisors of the County of San Bernardino.

Day means calendar day unless otherwise specified by the Industrial Pretreatment Division.

Dilution means the increase in use of water, wastewater or any other means to dilute a waste stream as a partial or complete substitute for adequate treatment to achieve discharge requirements.

Discharger means any person who directly or indirectly causes or contributes to a discharge to the BWWTP.

Domestic liquid wastes means all domestic wastes contained in septic tanks, cesspools, seepage pits, holding tanks, private disposal systems, or chemical toilets not connected to the BWWTP.

Domestic wastewater means wastewater from private residences and wastewater from other premises resulting from the use of water for personal washing, sanitary purposes or the discharge of human excrement and related matter.

Effluent means treated wastewater flowing from a user's pretreatment equipment to the BWWTP.

Emergency means facts or circumstances that the city, acting by and through its employees or the city council, reasonably determines create an imminent threat of harm to public health or safety, the environment or the BWWTP.

EPA means the United States Environmental Protection Agency.

Federal categorical pretreatment standard means the national pretreatment standards, established by the EPA, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged or introduced into the BWWTP by existing or new industrial users in specific industrial categories established as separate regulations under the appropriate subpart of 40 CFR chapter I, subchapter N, and amendments thereto.

Flow monitoring equipment means the equipment and structures required to be installed, maintained, and calibrated at the user's expense to measure, totalize, and record the amount of water used at the facility or the quantity discharged to the BWWTP.

Good faith means the user's honest intention to remedy noncompliance together with actions that support the intention without the use of enforcement actions by the city. Examples of these intentions are improved best management practices (BMP) or the installation of pretreatment equipment to reduce or eliminate pollutants.

Grab sample means an individual sample collected over a period not exceeding 15 minutes.

Grease waste means the floating, solid, and semi-solid waste contained within an approved grease removal device, either hydromechanical or gravity interceptor located at a business.

Grease waste hauler means any person engaged in the removal, transport, and disposal of grease waste removed from a business. The hauler must have a current registration with the State Department of Food and Agriculture.

Grease waste manifest means the manifest required to document the removal of pretreatment waste from a business that utilizes a grease removal device.

Hazardous material means any material capable of creating imminent endangerment to health or the environment including, but not limited to, any substance designated under 40 CFR section 310.11(d) and amendments thereto, or any hazardous chemical substance subject to regulation under the Toxic Substances Control Act, 15 USCA section 2601, et seq. and amendments thereto. In general, substances which are toxic, explosive, corrosive, flammable or irritants, or which generate pressure through heat or decomposition, e.g., heavy metals, pesticides, strong acids or bases, distillate fuels, oxidants, etc.

Heating water means all water used solely for the heating of a manufacturing process, equipment, or product.

Industrial pretreatment division means the industrial pretreatment staff of the city, or any authorized representative, deputy, or agent of the industrial pretreatment division.

Industrial user (IU) means all persons, entities, public or private, industrial, commercial, governmental, educational, or institutional which discharge or cause to be discharged, industrial wastewater into the BWWTP.

Industrial user permit means the regulatory permitting procedure established and enforced by the industrial pretreatment division to authorize and control the discharge of industrial wastewater from industrial users into the BWWTP.

Industrial wastewater means all water containing wastes of the community, excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, governmental, educational, institutional, commercial, service, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, brine wastewater from the regeneration of water conditioning equipment, and potable water treatment wastewater as determined by the industrial pretreatment division.

Infectious waste means all wastes that normally cause, or significantly contribute to cause, increased morbidity or mortality of human beings.

Interceptor means an approved detention chamber designed to remove floatable and settleable material from industrial wastewater prior to discharge to the BWWTP.

Interference means any discharge from a user which, alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the BWWTP, treatment processes or operations, or sludge processes, use or disposal or which causes or threatens to cause a violation of any requirement of the WDR permit (including an increase in the magnitude or duration of violation) or of the prevention of sewage sludge use or disposal in compliance with 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), 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, and any amendments to these acts or regulations.

Liquid waste hauler means any person engaged in the removal, transport, and disposal of domestic liquid wastes from chemical toilets, septic tanks, seepage pits, cesspools, or any other private disposal system for domestic wastewater.

Local discharge limit means the maximum concentration of a pollutant, determined from either a grab or composite sample that may be discharged to the BWWTP, developed by the city.

Lower explosive limit (LEL) means the minimum concentration of combustible gas or vapor in the air that will ignite if an ignition source is present.

Mass emission rate means the pounds per day of a particular pollutant or combination of pollutants discharged to the BWWTP, as contained in an industrial user permit.

Maximum daily flow means the highest total daily flow of industrial wastewater that a user discharges to the BWWTP in a calendar month.

Medical waste means infectious agents, human blood, blood products, pathological wastes, sharps, recognizable body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory waste, dialysis waste, hypodermic needles, syringes, medical instruments/utensils, or any other paper or plastic items of disposable nature used for medically related purposes. The term "medical waste" shall exclude de minimus amounts of wastes, human blood and paper items of a disposable nature associated with domestic wastewater discharges.

mg/L means milligrams per liter.

Milestone means increments of progress in the form of dates, not to exceed nine months, and are used in compliance schedules. Milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required the user to comply with all applicable federal, state or local environmental regulations that may directly or indirectly affect the quality of the user's wastewater effluent.

Monthly average means the average of daily measurements over a calendar month as calculated by adding all the daily measurements taken during the calendar month and dividing that sum by the sum of the number of daily measurements taken in the calendar month.

National pretreatment standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Clean Water Act, which applies to industrial users, including, but not limited to, federal categorical pretreatment standards.

Noncompliance monitoring program (NMP) means an administrative order issued to an industrial user which requires the user to submit production and flow data and complete monitoring, at a frequency determined by the Industrial Pretreatment Division, for all pollutants determined to be in violation of discharge limits.

Non-contact cooling or heating water means any water which is used for temperature control and has no direct contact with any raw material, or intermediate or final product.

Non-domestic wastewater means all wastewater except domestic wastewater, domestic liquid waste, and unpolluted water including, but not limited to, wastewater resulting from industrial, commercial, producing, manufacturing, processing, governmental, educational, institutional, and agricultural operations, brine wastewater from the regeneration of water conditioning equipment, and all non-exempt truck hauled liquid wastewater.

Oil and grease means any of the following in part or in combination:

(1)

Petroleum derived products, e.g., oils, fuels, lubricants, solvents, cutting oils;

(2)

Vegetable derived products, e.g., oils, shortenings, water soluble cutting oils;

(3)

Animal derived products, e.g., fats, greases, oils, lard.

Pass through means any discharge which exits the BWWTP in quantities or concentrations which, alone or in conjunction with other discharges from other sources, causes or threatens to cause a violation of any requirement of the WDR permit, including an increase in the magnitude or duration of a violation.

Permit-required confined space means a confined space that has one or more of the following characteristics:

(1)

Contains or has the potential to contain a hazardous atmosphere;

(2)

Contains a material that has the potential for engulfing an entrant;

(3)

Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or

(4)

Contains any other recognized serious safety or health hazard.

Permittee means any user that is issued a permit pursuant to this chapter.

Person means any individual, firm, company, association, society, general or limited partnership, limited liability company, trust, corporation, governmental agency or group, and includes the plural as well as the

singular.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest. Pests can be insects, mice and other animals, unwanted plants (weeds), fungi, or microorganisms like bacteria and viruses.

pH means the logarithm (base ten) of the reciprocal of the concentration of hydrogen ions, as analyzed in accordance with approved analytical methods. pH represents both acidity and alkalinity on a scale ranging from 0-14 where seven represents neutrality, values less than seven represent acidity and values greater than seven represent alkalinity.

Pollutant means any constituent or characteristic of wastewater including, but not limited to, conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, heat, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.

Pollution means the man-made or man induced adverse alteration of the chemical, physical, biological, or radiological integrity of water.

Polychlorinated biphenyls (PCBs) means a group of manufactured organic chemicals consisting of carbon, hydrogen and chlorine atoms. The number of chlorine atoms and their location in a PCB molecule determine many of its physical and chemical properties. PCBs have no known taste or smell, and range in consistency from an oil to a waxy solid. PCB manufacturing was banned in 1979.

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 discharge of the wastewater into the BWWTP. Use of physical, chemical or biological processes, process changes, and waste minimization may obtain the reduction or alteration, or other legal means designed to remove or reduce pollutants in a wastestream, except dilution.

Pretreatment requirement means any substantive or procedural requirement related to pretreatment imposed on an industrial user other than a pretreatment standard.

Pretreatment streamlining rule means an order EPA-833-F-06-005 that revises several provisions of the General Pretreatment Regulations (40 CFR 403). It is designed to reduce the overall regulatory burden on Industrial Users (IU) and Control Authorities without adversely affecting environmental protection.

Pretreatment standard means any regulation containing pollutant discharge limits or prohibitions promulgated by EPA, the state or the city, applicable to industrial users, including, but not limited to, federal categorical pretreatment standards; general discharge prohibitions contained in BMC section 13.12.305; and local discharge limits established by the city.

Pretreatment waste means waste, liquid, solid, or semi-solid removed from a waste stream or discharge by physical, chemical, or biological means.

Prohibited discharges means all discharges specified in section III of this chapter, which are prohibited from being discharged to the BWWTP.

Qualified professional means any person who by virtue of experience, education, or training, is qualified to evaluate and assess pollutant discharges and violations of this chapter.

RCRA means the Resource Conservation and Recovery Act, 42 USC §§ 6901 et seq. and the regulations promulgated thereunder.

Restaurant user means all retail establishments selling prepared foods and drinks for consumption on or off the premises; and lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. Retail establishments, lunch counters, and drinking places selling prepared food and drink as a subordinate service incidental to their primary operations and institutional facilities (e.g. schools, churches, jails, prisons, and juvenile halls), which serve food on the premises may also be considered restaurant users.

Sample location means a location approved by the industrial pretreatment division where a representative sample of non-domestic wastewater is collected from an industrial user.

Service area means the physical geographic area where wastewater is generated and discharged to the BWWTP.

Self-monitoring means wastewater samples collected by a user or the user has contracted laboratory, consultant, engineer, or similar entity.

Service lateral line (upper and lower) means the wastewater collection pipe extending from the premises where the wastewater is generated up to property line (upper) and from the property line to the point of connection to the city sewer (lower).

Significant industrial user (SIU) means any user that meets any of the following conditions:

(1)

Discharges industrial wastewater at an average rate of at least 25,000 gallons per day (gpd) to the BWWTP (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(2)

Contributes a process waste stream discharge which makes up five percent or more of the average dry weather hydraulic or organic capacity of the BWWTP; or

(3)

Is designated by the Industrial Pretreatment Division on the basis that the user has a reasonable potential for adversely affecting the BWWTP or for violating any pretreatment standard or requirement.

Significant Noncompliance (SNC) means any compliance violation that meets one or more of the following criteria per 40 CFR § 403.8(f)(2)(viii)(A-C).

(1)

Chronic violations of wastewater discharge limits (including violations of instantaneous limits), which are defined as those in which 66 percent or more of all of the measurements for each pollutant taken during a

consecutive six-month period exceed (by any magnitude) a numerical pretreatment standard or requirement for the same pollutant parameter;

(2)

Technical review criteria (TRC) violations, which are defined as those in which 33 percent or more of all of the measurements (including violations of instantaneous limits) for each pollutant taken during a six month period equal or exceed the product of a numerical pretreatment standard or requirement multiplied by the applicable TRC value (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of BWWTP personnel or the general public);

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the city's exercise of its emergency authority to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days after the scheduled date, a compliance milestone contained in a city notification, permit or enforcement order, for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within 45 days after the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to pay, within 30 days, all applicable industrial user application, permit and enforcement penalty fees;

(8)

Failure to accurately report non-compliance; or

(9)

Any other violations or group of violations which the city determines will adversely affect the operation and implementation of the city's pretreatment program. This applies to violations of Best Management Practices (BMP'S) used as a control mechanism within the user's permit.

Single pass non-contact cooling water means water that is used solely for the purpose of cooling, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged.

Single pass non-contact heating water means water that is used solely for the purpose of heating, has no direct contact with any raw material, or any intermediate, final or waste product, and is used only once before being discharged.

Slug discharge means any non-routine, episodic discharge of wastewater, material or waste with such a high volume or pollutant concentration which will violate any pretreatment standard or requirement, or cause damage to, interference with, or pass through in the BWWTP, or BWWTP sludge processes, use, or disposal.

Slug load control plan means a plan submitted by an industrial user as required by BMC section 13.12.475(B),and 40 CFR 403.8(f)(1)(iii)(B)(6).

Spent solutions means any concentrated non domestic wastewater, such as plating solutions or static rinses, brine wastewater from the regeneration of water conditioning equipment, which contains concentrations of pollutants, the discharge of which may cause interference, pass through, or a violation of any pretreatment standard or requirement.

Spill containment means a protection system consisting of berms, dikes, or containers, which are used to prevent the discharge of raw materials, waste materials, chemicals, or finished products to the storm drain or BWWTP.

Standard methods means the most current edition of "Standard Methods for the Examination of Water and Wastewater" prepared and published by the American Public Health Association, American Water Works Association, and Water Environment Federation, which specifies accepted procedures used to assess the quality of water and wastewater.

Storm drain means a system of open channels, lined and unlined channels, surface channels, impound basins, ground water recharge basins, storm water holding ponds, underground pipes, curb and gutter, cross gutters, storm water pump and lift stations, parking lots, paved areas, streets, and natural water courses used to collect and direct storm precipitation and surface runoff to a receiving body of water or underground aquifer recharge basins.

Storm water means water flowing or discharged as a result of rain, snow, or other precipitation.

Total dissolved solids (TDS) means the total amount of nonvolatile residue by laboratory filtration and dried at 180 degrees C.

Total suspended solids (TSS) means the total amount of residue retained by laboratory filtration and dried at 103—105 degrees C.

Unpolluted water means cooling and heating water, single pass cooling and heating water, air conditioning condensate, ice melt, condensate, groundwater, landscape irrigation, crop irrigation, rainwater, and water that meets the effluent standards in effect or water that would not cause a violation of receiving water quality standards.

Upset means an exceptional incident that causes temporary and unintentional non-compliance with applicable pretreatment standards because of factors beyond the reasonable control of a user.

User means any person, public or private, residential, industrial, commercial, governmental, educational, or institutional that discharges or causes to be discharged wastewater into the BWWTP.

Waste means any discarded solid, semi-solid, liquid, or gaseous material.

Waste discharge requirements (WDR) permit means the permit issued by the Regional Water Quality Control Board pursuant to section 13263 of the Porter-Cologne Water Quality Act establishing waste discharge requirements for the BWWTP.

Waste manifest means the waste hauling receipt that is required to be retained on site by an industrial user for any hazardous, non-hazardous, or pretreatment waste.

Wastewater means the liquid and water carried domestic waste or non-domestic waste from residential, commercial, industrial, governmental, educational, or institutional facilities, together with any groundwater, surface water, and storm water, that may be present which is discharged to the BWWTP.

Water supply means the water supply serving the city.

(Ord. No. 965-2019, § 1, 12-2-2019)