Brentwood Municipal Code Art. 2 Definitions

Words, phrases or terms not specifically defined herein, and having a technical or specialized meaning shall be defined as set forth in 40 CFR Parts 136 and 403.

In addition, when not in conflict, terms defined herein shall have the same meaning as those terms are defined by the Porter-Cologne Water Quality Act and the Federal Water Pollution Control Act as amended in 1972.

Unless the context indicates otherwise, the following words and terms all have the meaning defined herein.

Act or the Act:

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.

Authorized Representative of Industrial User:

Any one of the following:

A.

A responsible corporate officer as defined in 40 CFR 403.12(b)(6) and (I);

B.

A general partner of 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.

Backflow Prevention Device (BPD):

A backwater valve, ejector or pump system, relief valve or combination of two or more of these devices that is approved by the director and intended to prevent sewage from backflowing into a building or structure.

Baseline Monitoring Report (BMR):

A report required by industrial users subsequent to the promulgation of an applicable categorical pretreatment standard and as part of baseline sampling.

Beneficial Uses:

The uses of the waters of the state that may be protected against quality degradation including, but 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.

Best Management Practices (BMPs):

Schedules of activities, prohibitions of practices, maintenance or operating procedures, and other management practices to prevent pass through and interference, and to prevent or reduce the pollution of "waters of the United States." 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. Best management practices may be proposed by an individual user and accepted by the director or, as set forth in this chapter, mandated and set by the director.

Biochemical Oxygen Demand (BOD):

The quantity of oxygen demanded in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degrees centigrade expressed in terms of concentration of milligrams per liter (mg/L).

Building Drain:

That part of the lowest piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning two feet outside the building wall.

Building Sewer:

The part of the generally horizontal piping of a drainage system which extends from the end of the building drain and which receives the wastewater discharge from the building drain and conveys it to the sewerage system. The building sewer begins at the building drain and extends to and includes the wye or connection to the sewerage system.

Categorical Pretreatment Standard:

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307 of the Act (33 USC Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

City:

The city of Brentwood.

City Manager:

The person holding this position in the city or their designee.

Commercial User:

Any nonresidential user that the director determines will introduce primarily domestic sewage to the sewerage system.

Conventional Pollutant:

Biochemical oxygen demand, organic carbon, suspended solids, ammonia, nitrogen, pH, and total coliform bacteria, plus additional pollutants identified in the POTW's National Pollutant Discharge Elimination System (NPDES) permit.

Conservative Pollutant:

A pollutant that is not metabolized by the treatment processes in a conventional wastewater treatment plant. A conservative pollutant may be removed by the treatment processes and retained in the biosolids, may be volatilized and lost in fugitive air emissions or may be discharged with the plant's effluent. Although the pollutant may be chemically changed in the treatment process, it can still be detected and may still be detrimental to the environment.

Contamination:

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:

The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Cost Allocation Plan:

A report that presents the analysis of computing overhead charges for citywide and department specific programs, as well as specific user fees and charges. It includes the schedule of all such fees. The cost allocation plan is approved by resolution of the city council.

Day or Days:

Unless otherwise specified, refers to calendar days.

Diluting Waters:

Cooling water, domestic sewage, ground water, surface drainage or potable waters which are not part of an industrial process and which do not contain constituents for which EPA pretreatment limitations apply but which are combined with industrial process wastewater prior to the monitoring.

Director of Public Works or Director:

The person holding this position in the city or their designee.

Domestic Sewage:

Any liquid and waterborne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, into the city's sewerage system.

Domestic User:

Any user that discharges only domestic sewage, free from any industrial waste(s), into the city's sewerage system.

Drainage System:

Includes all the piping within public or private premises that conveys sewage or other liquid wastes to a legal point of disposal, but does not include the mains of the city sewerage system or wastewater treatment plant.

Enforcement Compliance Schedule Agreement (ECSA):

An agreement entered into between the user and the city to bring a user into compliance with this chapter when a sampling and evaluation program indicates noncompliance.

EPA:

The United States Environmental Protection Agency.

Federal Categorical Pretreatment Standards:

The limit on the pollutant discharges to POTWs from specific process wastewaters of particular industrial categories.

Federal Pretreatment Standard:

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 of the Act (33 USC Section 1317) which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403.5.

Flood Level Rim:

The top edge of a receptor from which water or wastewater overflows.

Garbage:

The putrescible solid waste from the domestic and partially prepared cooking and dispensing of food and from the handling, storage and sale of produce.

Industrial User(s):

All establishments engaged in producing, manufacturing, or processing operations, which result in the production and/or discharge into city sewers of industrial wastes; and all other establishments engaged in any activity resulting in the production and discharge to city sewers of industrial wastes.

Industrial Waste(s):

The waste and wastewater from any production, manufacturing or processing operations of any nature, including institutional and commercial operations if the wastewater is used for the removal of significant quantities of waste other than domestic sewage from premises connected to the POTW.

Interference:

The inhibition or disruption of the POTW 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 POTW in accordance with 40 Code of Federal Regulations (CFR) Part 503 and Section 405 of the Act (33 USC Section 1345), or any criteria, guideline, or regulation developed pursuant to the Solid Waste Disposal Act (SWDA) (42 USC Section 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained on any State Sludge Management Plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the wastewater treatment plant.

Lateral:

The piping connecting the sanitary sewer main consisting of the upper lateral and the lower lateral. Lateral is synonymous with building sewer.

Lower Lateral:

The portion of the lateral between the property line and the sanitary sewer main.

Mass Emission Rate:

The weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission shall mean pounds per day of a particular constituent or combination of constituents.

National Pollutant Discharge Elimination System or NPDES Permit:

A permit issued pursuant to Section 402 of the Act (33 USC Section 1342).

Natural Outlet:

Any outlet into a watercourse, pond, ditch, lake, bay, ocean, or other body of surface water, or outlet into the groundwater.

New Source:

A facility meeting the definition of a "new source" set forth in 40 CFR Part 403.3(m).

Nuisance:

Any condition which is injurious to health 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.

Pass Through:

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 violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Permit:

The authorization required by the director to discharge wastewater to the wastewater treatment plant.

Person:

An individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

pH:

A measure of the acidity or alkalinity of wastewater. pH is measured on a scale of 0 to 14, 0 being extremely acidic, 7 neutral, and 14 extremely alkaline. The pH corresponds to the logarithm (base 10) of the reciprocal concentration of hydrogen ions expressed in gram-ions per liter of solution.

Pollutant(s):

Any dredge spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

Pollution:

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.

Publicly Owned Treatment Works or POTW:

A sewage treatment plant or "treatment works" as defined by Section 212 of the Act (33 USC Section 1292) which is owned by the city including any sanitary sewers that convey wastewater to the POTW, including pipes, lift stations, sewers or other conveyances.

Premises:

A lot or parcel of real property under one ownership, except where there are well-defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, in which case each portion will be deemed separate premises. Apartment houses and office buildings and structures of like nature may be classified as single premises.

Pretreatment or Treatment:

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 sanitary sewer system. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means except dilution.

Pretreatment Facility:

Any facility or device for treatment, control or flow limitations of sewage or industrial waste, prior to discharge into a city sanitary sewer.

Pretreatment Requirements:

Any substantive or procedural requirement related to pretreatment imposed on an industrial user.

Private Sewer Lateral:

Any sewer lateral not maintained as part of the public system by the city.

Process Wastewater:

Any water which, during manufacturing or processing, comes into contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

Regional Water Quality Control Board:

The California Regional Water Quality Control Board, Central Valley Region.

Sampling and Evaluation Program (SEP):

The sampling program conducted by the city to establish user compliance with the provisions of this chapter.

Sanitary Sewer:

Any pipe or conduit, including pump stations, manholes, and other similar facilities which accept, collect, and convey domestic sewage and/or industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted.

Sanitary Sewer Overflow (SSO):

An overflow from the sanitary sewer system as defined in State Water Resources Control Board Order No. 2006-0003-DWQ.

Sewer Lateral:

The piping or conduits used to convey sewer wastewater within a building or structure and connecting the building or structure to a public or private sewerage collection, disposal and treatment system.

Sewerage System:

All sewers, facilities and appurtenances owned or operated by the city for carrying, collecting, pumping, treatment and disposal of waste and wastewater.

Slug:

Any discharge at a flow rate or concentration that could cause the POTW to violate its NPDES permit.

Standard Industrial Classification (SIC):

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

Standard Plans and Specifications:

City standard specifications, on file with the city public works department, required for all public and private improvements within the city.

Standard Specifications for Wastewater Discharge:

City standard specifications, on file with the city public works department, which provide the wastewater discharge limitations for discharges to the wastewater treatment plant.

Storm Sewer:

A sewer which carries storm water and surface waters and drainage, but which excludes sewage and industrial waste.

Storm Water:

Any flow resulting from and occurring during or following any form of natural precipitation.

Total Suspended Solids (TSS):

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering (EPA testing method 160.2).

Toxic Pollutant:

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 (33 USC Section 1317) or other applicable law.

Upper Lateral:

The portion of the lateral between the structure or dwelling and the property line.

User:

Any person who contributes, causes or permits the contribution of wastewater into the city sewerage system.

Waste:

Domestic sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or human or animal origin, or from or related to any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for the purpose of, disposal.

Wastewater:

Waste and water, whether treated or untreated.

Wastewater Constituents and Characteristics:

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, quantity and strength of wastewater.

Wastewater Discharge Permit Contract or "Permit Contract":

A contract entered between the city and Class A industrial users required for connecting to or contributing wastewater to the sewerage system.

Wastewater Treatment Plant:

The city of Brentwood wastewater treatment plant.

Water Quality Requirements:

Requirements for the city's treatment plant effluent established by the NPDES permit, or by state or federal regulatory agencies. Water quality requirements include effluent limitations and waste discharge standards, limitations, or prohibitions which may be established or adopted by state or federal laws or regulatory agencies.

Waters of the State:

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.

Waters of the United States:

All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce as defined in 40 CFR 230.3(s).

(Ord. 941 § 2, 2015)