Merced Municipal Code Ch. 15.04 Definitions

"Authorized representative" means

a. If the user is a corporation, a responsible corporate officer. For purposes of this paragraph, a responsible corporate officer means: (1) a president, secretary, treasurer or 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, or (2) the manager of one (1) or more manufacturing, production or operating facilities, provided, the manager is authorized to make management decisions which 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 wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

b. If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

c. A person designated by the individuals described in paragraphs (a) or (b) above if (1) the authorization is made in writing by such individual; (2) the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager, operator of a well, well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and (3) the written authorization is provided to the city.

(Ord. No. 2402, § 1, 12-17-2012)

Unless the context specifically indicates otherwise, the following terms, as used in this title, shall have the meanings hereinafter designated. Terms not otherwise defined hereinafter shall be as adopted in Standard Methods.

(Ord. 2168 § 1, 2004: Ord. 1489 § 1 (part), 1983).

"Apartments" means a building or portion thereof containing three or more dwelling units.

(Ord. 1489 § 1 (part), 1983).

"Beneficial uses" means 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.

(Ord. 1489 § 1 (part), 1983).

"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance or operating procedures, and other management practices to implement the prohibitions listed in Chapter 15.24 of the Merced Municipal Code. 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. For purposes of Chapter 15.30, BMPs mean activities, prohibitions, maintenance procedures and other management practices to prevent or reduce the direct or indirect introduction of FOG into the POTW.

(Ord. No. 2402, § 1, 12-17-2012)

"Biochemical oxygen demand (BOD)" means the quantity of oxygen required by sewage for biochemical oxidation in five days at twenty degrees centigrade, expressed in milligrams per liter (mg/1).

(Ord. 1489 § 1 (part), 1983).

"Building sewer" means a sewer conveying wastewater from the plumbing of a structure to a public sewer.

(Ord. 1489 § 1(part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the federal act that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

(Ord. No. 2402, § 1, 12-17-2012)

"Change in operations" means for purposes of Chapter 15.30 any change in the ownership, food types, or operational procedures of an FSE that has the potential to change the amount of FOG discharged by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur.

(Ord. No. 2402, § 1, 12-17-2012)

"Collection system" means the system of pipes, pump stations, sewer lines or other conveyances upstream of the POTW treatment plant headworks owned by the City and used to collect and convey wastewater to the POTW.

(Ord. No. 2402, § 1, 12-17-2012)

"City" means the city of Merced.

(Ord. 1489 § 1 (part), 1983).

"Commercial user" means any user not defined as a residential, industrial or other type user not specifically mentioned.

(Ord. 1489 § 1(part), 1983).

"Commissary" means an establishment which is used as a base of operations for one (1) or more motorized food wagons or push carts, where such unit or units and/or equipment are serviced, cleaned, supplied and/or maintained.

(Ord. No. 2402, § 1, 12-17-2012)

"Compatible pollutant" means biochemical oxygen demand, total suspended solids, pH, coliform bacteria, and oil and grease.

(Ord. 1489 § 1(part), 1983).11

"Compliance schedule" means a time schedule, enforceable under the provisions of this division, that contains increments of progress (e.g., 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 permittees to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the permittee's wastewater.

(Ord. No. 2402, § 1, 12-17-2012)

"Composite sample" means a collection of individual samples obtained at selected intervals based on an increment of either flow or time that forms a representative sample of the waste stream discharged during the sample period.

(Ord. No. 2402, § 1, 12-17-2012)

"Contamination" means 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.

(Ord. 1489 § 1 (part), 1983).

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

(Ord. 1489 § 1 (part), 1983).

"Director" means the director of public works—water resources and reclamation (as such title may be amended from time to time) or such other person as may be designated by the director of public works—water resources and reclamation to perform the services or make the determinations permitted or required in this division to be made by the director of public works—water resources and reclamation of the city.

(Ord. 2168 § 2, 2004: Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Division" means Division I - Sewer System of Title 15 of the City's Municipal Code.

(Ord. No. 2402, § 1, 12-17-2012)

"Domestic sewage" means waterborne waste derived from the ordinary living processes and free of industrial wastes and of such character as to permit satisfactory disposal, without special treatment, into the POTW.

(Ord. 1489 § 1 (part), 1983)

(Ord. No. 2402, § 2, 12-17-2012)

"Duplex" means a building containing two dwelling units.

(Ord. 1489 § 1 (part), 1983).

"Dwelling group" means two or more buildings on any one lot containing three or more dwelling units.

(Ord. 1489 § 1 (part), 1983).

"Dwelling unit" means a suite of one or more rooms which is occupied by or intended to be occupied by one family with its own kitchen and bathroom facilities.

(Ord. 1489 § 1 (part), 1983).

"Enforcement officer" means any city employee or agent of the city with authority to enforce the provisions of this division. Enforcement officers shall have the same authority and powers as defined in Section 1.09.040 of this Code.

(Ord. No. 2402, § 1, 12-17-2012)

"EPA" means the United States Environmental Protection Agency.

(Ord. No. 2402, § 1, 12-17-2012)

"Engineer" means the city engineer or such other person designated by the city engineer to perform the services or make the determinations permitted or required in this division to be made by the city engineer.

(Ord. 1489 § 1 (part), 1983)

"Fats, oils, and grease" or "FOG" means any substance such as vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that becomes or may become viscous, or solidifies or may solidify, with a change in temperature or other conditions.

(Ord. No. 2402, § 1, 12-17-2012)

"Federal Act" means the Federal Water Pollution Control Act, as amended through Public Law 107-303 (November 27, 2002) and any amendments thereto, as well as any guidelines, limitations, and standards promulgated by the EPA pursuant to the act.

(Ord. 2168 § 3, 2004: Ord. 1489 § 1 (part), 1983)

(Ord. No. 2402, § 2, 12-17-2012)

"FOG wastewater discharge permit" or "FOG WDP" means a permit issued by the city pursuant to Chapter 15.30 of the Merced Municipal Code authorizing a permittee to discharge wastewater from an FSE into the POTW subject to the requirements and conditions established by the city.

(Ord. No. 2402, § 1, 12-17-2012)

"Food grinder" means any device installed in the plumbing of an FSE for the purpose of grinding food or food waste.

(Ord. No. 2402, § 1, 12-17-2012)

"Food service establishment" or "FSE" means a facility operating in a permanently constructed structure such as a room, building or place, or portion thereof, maintained, used or operated for the purpose of storing, preparing, serving or manufacturing, packaging or otherwise handling food and/or beverage for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by an exhaust hood pursuant to California Health and Safety Code Section 114149.1 or in accordance with the California Retail Food Code (California Health and Safety Code Sections 113700 et seq.). An FSE includes a commissary where food is prepared using FOG and/or which receives water from motorized food wagons or push carts containing FOG.

(Ord. No. 2402, § 1, 12-17-2012)

"Garbage" means any solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of food.

(Ord. 1489 § 1 (part), 1983).

"Grab sample" means a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

(Ord. No. 2402, § 1, 12-17-2012)

"Grease control device" means any grease interceptor, grease trap or other mechanism or device which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG prior to it being discharged into the POTW.

(Ord. No. 2402, § 1, 12-17-2012)

"Grease disposal mitigation fee" means a fee charged to a permittee when there are physical limitations to the property that make the installation of the usual and customary grease control device for the FSE impossible or impracticable. The grease disposal mitigation fee is intended to cover the costs of increased maintenance of the public sewer, for inspection and cleaning of FOG that a usual and customary, and properly maintained, grease control device would otherwise prevent from entering the public sewer.

(Ord. No. 2402, § 1, 12-17-2012)

"Grease interceptor" means a multi-compartment device that is generally required, according to the California Plumbing Code, to be located underground between an FSE and the connection to the public sewer. These devices primarily use gravity to separate FOG from the wastewater as it moves from one (1) compartment to the next. To be effective, these devices must be cleaned, maintained and have the FOG removed and disposed of in a proper manner, at regular intervals.

(Ord. No. 2402, § 1, 12-17-2012)

"Grease trap" means a grease control device that is used to serve individual plumbing fixtures and is typically installed indoors, under or near a dishwashing sink.

(Ord. No. 2402, § 1, 12-17-2012)

"Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.

(Ord. 1489 § 1(part), 1983).

"Hot spots" mean areas in sewer lines that have experienced SSOs or that must be cleaned or maintained frequently to avoid blockages of the public sewer.

(Ord. No. 2402, § 1, 12-17-2012)

"House sewer line" means a building sewer.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Incompatible pollutant" means any pollutant which is not a compatible pollutant as defined in this section.

(Ord. 1489 § 1 (part), 1983).

"Indirect discharge" means the introduction of pollutants into the POTW from any non-domestic source.

(Ord. No. 2402, § 1, 12-17-2012)

"Industrial user" means a source of indirect discharge.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Industrial wastes" means any and all liquid or waterborne wastes from any producing, manufacturing, processing, commercial, agricultural, institutional or other operation.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Infiltration" means groundwater entering the public sewer through such means as defective pipes, pipe joints, connections or manhole walls.

(Ord. No. 2402, § 1, 12-17-2012)

"Inflow" means stormwater entering the public sewer system through a direct connection such as roof leader, storm drain or foundation drain.

(Ord. No. 2402, § 1, 12-17-2012)

"Interceptor" means a grease interceptor.

(Ord. No. 2402, § 1, 12-17-2012)

"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; or

(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 sewage 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 federal act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including 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. 1747A § 1, 1989).

(Ord. No. 2402, § 2, 12-17-2012)

"Limited food preparation establishment" means an establishment engaged only in reheating, hot holding, or assembly of ready to eat food and/or beverage products, and as a result there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor or consistency of food.

(Ord. No. 2402, § 1, 12-17-2012)

"Lot" means a parcel of land consisting of one or more contiguous lots of record in one ownership.

(Ord. 1489 § 1 (part), 1983).

Editor's note— Ord. No. 2402, § 3, adopted Dec. 17, 2012, repealed § 15.04.250 which pertained to major industrial user and derived from Ord. 1489, § 1(part), adopted 1983; and Ord. No. 1747A, § 2, adopted 1989.

"Manifest" means a receipt retained by a permittee for the disposal of FOG, recyclable wastes and/or liquid wastes.

(Ord. No. 2402, § 1, 12-17-2012)

"Mass emission rate" means the weight of material discharged to the sewer system ding a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combinations of constituents.

(Ord. 1489 § 1 (part), 1983).

"National Pollutant Discharge Elimination System (NPDES)" means the program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone, and the oceans pursuant to Section 402 of the Federal Act.

(Ord. 1489 § 1 (part), 1983).

"National pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the federal act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR Section 403.5, as amended.

(Ord. 2168 § 4, 2004: Ord. 1747A § 3, 1989).

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake, bay, ocean or other body of surface water, or into the groundwater.

(Ord. No. 2402, § 1, 12-17-2012)

"New construction" means any structure planned or under construction for which a sewer connection fee has not been paid.

(Ord. No. 2402, § 1, 12-17-2012)

(1) "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 federal act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(i) The building, structure, facility or installation is constructed at a site at which no other source is located; or

(ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) 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 paragraphs (1)(ii), or (1)(iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

(i) Begun, or caused to begin as part of a continuous onsite construction program;

(A) Any placement, assembly, or installation of facilities or equipment; or

(B) 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

(ii) Entered into a binding contractual obligation for the purpose 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 paragraph.

(Ord. 1747A § 4, 1989).

(Ord. No. 2402, § 2, 12-17-2012)

"Non-significant categorical industrial user" means an industrial user subject to categorical pretreatment standards that satisfies all of the following conditions: the director has made a finding that the user never discharges more than 100 gallons per day of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard); the user has consistently complied with all applicable categorical pretreatment standards and requirements; the user annually submits the certification statement required in Section 15.29.110B of this division, together with any additional information necessary to support the certification statement; and the user never discharges any untreated concentrated wastewater.

(Ord. No. 2402, § 1, 12-17-2012)

"Nuisance" means anything 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.

(Ord. 1489 § 1(part), 1983).

"Obstruction" means any discharge which, alone or in combination with discharges from other sources, inhibits or disrupts the flow in a sanitary sewer or the operation of the POTW or is otherwise a violation of the Merced Municipal Code, including, but not limited to, its waste discharge requirements.

(Ord. No. 2402, § 1, 12-17-2012)

"Owner classification" means a classification of owners based upon the 1972 Standard Industrial Classification (SIC) Manual prepared by the Executive Office of Management and Budget.

(Ord. 1489 § 1 (part), 1983).

"Pass-through" means a discharge which exits the POTW into waters of the United States in quantities which, alone or in conjunction with a discharge or discharges from other sources, has a reasonable potential to cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of violation).

(Ord. 1747A § 5, 1989).

(Ord. No. 2402, § 2, 12-17-2012)

"Permittee" means a person who has been issued a wastewater discharge permit by the city pursuant to Chapter 15.29 or Chapter 15.30.

(Ord. No. 2402, § 1, 12-17-2012)

"Person" or "owner" means any individual, partnership, co-partnership, firm, company, association, society, corporation, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"pH" means a measure of hydrogen ion concentration, or acidity in which the neutral point of 7.0 and decreasing number indicate greater acidity as prescribed by Standard Methods.

(Ord. 1489 § 1 (part), 1983).

"Pollutant" means a substance causing pollution.

(Ord. 1489 § 1 (part), 1983).

"Pollution" means 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.

(Ord. 1489 § 1 (part), 1983).

"Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the federal act, which is owned by the city. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of domestic sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant.

(Ord. 1747A § 6, 1989).

(Ord. No. 2402, § 2, 12-17-2012)

"POTW treatment plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of domestic sewage and industrial waste.

(Ord. 1747A § 7, 1989).

(Ord. No. 2402, § 2, 12-17-2012)

"Premises" means a lot, piece or parcel of real estate including any improvements thereon which is determined by the city to be a single user for purposes of receiving, using, and paying for service.

(Ord. 1489 § 1 (part), 1983).

"Pretreatment" means application of physical, chemical, and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in wastewater prior to discharging such wastewater into the POTW.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

The term "pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user.

(Ord. 1747A § 8, 1989: Ord. 1489 § 1 (part), 1983).

"Public sewer" means a sanitary sewer owned and/or operated by the city tributary to the POTW treatment plant.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Remodeling" means any physical or operational change to an FSE causing a change in FOG quantity or consistency or that involves any one (1) or more of the following:

1. Under slab plumbing in the food processing area.

2. A thirty (30) percent increase in the net public seating area.

3. A thirty (30) percent increase in the size of the kitchen area.

4. Any change in the size or type of food preparation equipment that would cause an increase in the quantity of FOG.

(Ord. No. 2402, § 1, 12-17-2012)

"Residential user" means any user whose premises are used solely for residential purposes.

(Ord. 1489 § 1 (part), 1983).

"Sanitary sewer" means a sewer that carries sewage and to which storm, surface and ground waters are not intentionally admitted.

(Ord. No. 2402, § 1, 12-17-2012)

"Sanitary sewer overflow" or "SSO" means any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer.

(Ord. No. 2402, § 1, 12-17-2012)

"Sewage" or "sanitary sewage" means a combination of the water carried waste from residences, business buildings, institutions and industrial establishments, together with such inflow and infiltration as may be present.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Sewage system" means any and all facilities used for collecting, conveying, pumping, treating and disposing of sewage, wastewater and/or sludge.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Sewer connection permit" means the permit required prior to connecting to the sewer system.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Sewer extension charge" means a charge established to equalize the costs of connecting the in-tract facilities and/or oversize facilities of a particular subdivision or area to the trunk sewers so that the developments close to the chosen trunk sewer alignments do not receive unfair advantage over those located further away.

(Ord. 1489 § 1 (part), 1983).

"Sewer facilities charge" means a charge established to compensate the city for having provided collection and treatment facilities before collecting revenue from the benefited properties.

(Ord. 1489 § 1 (part), 1983).

"Sewer lateral" means a building sewer.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Sewer service" means the services and facilities for the collection, treatment and disposal of sanitary sewage.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Sewer service charge" means a charge established to pay the cost of operation, maintenance and debt service of the sewage system.

(Ord. 1489 § 1 (part), 1983).

"Shall" is mandatory; "may" is permissive.

(Ord. 1489 § 1 (part), 1983).

"Significant industrial user" means any user who (1) is subject to categorical pretreatment standards, or (2) discharges an average of twenty-five thousand (25,000) gallons or more per day of process wastewater, or (3) contributes process wastewater to the POTW at a volume equal to or greater than five (5) percent of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or (4) is found by the city to have wastewater with compatible or incompatible pollutants in excess of limitations listed in Sections 15.24.090 or 15.24.110, or (5) is determined by the city to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standards or requirements.

(Ord. No. 2402, § 1, 12-17-2012)

"Significant noncompliance" means a violation that meets one (1) or more of the following criteria:

A. Chronic violations of wastewater discharge limits, defined as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement;

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

C. Any other violation of a pretreatment standard or requirement that the POTW determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

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

E. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

F. Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance schedules;

G. Failure to accurately report noncompliance;

H. Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the city's pretreatment program.

(Ord. No. 2402, § 1, 12-17-2012)

"Sludge" means any solid, semi-solid and/or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.

(Ord. No. 2402, § 1, 12-17-2012)

"Slug discharge" means any discharge of a non-routine episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge, which has the potential to cause interference or pass through, or in any other way violate this division, local limits or permit conditions.

(Ord. No. 2402, § 1, 12-17-2012)

"Standard methods" means the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

(Ord. 1489 § 1 (part), 1983).

"State" means the state of California.

(Ord. 1489 § 1 (part), 1983).

"Storm drain" means a pipe or conduit used to collect and convey stormwater.

(Ord. No. 2402, § 1, 12-17-2012)

"Stormwater" means any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.

(Ord. 1489 § 1 (part), 1983).

"Subtrunk sewer" means a sewer lateral which has been deepened and/or enlarged to serve areas in addition to those immediately adjacent to the trunk sewer.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Suspended solids (SS)" means solids that either float on the surface of, or are in suspension in, wastewater and which are largely removable by standard laboratory filtration procedures.

(Ord. 1549 § 1, 1984).

"Trunk sewer" means a pipeline which transports sewage from sewer laterals and subtrunk sewers to the POTW treatment plant.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Unpolluted water" means water not containing any pollutants limited or prohibited by the effluent standards in effect, or whose discharge will not cause or contribute to any violation of state or federal water quality standards.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"User" means any person who discharges or causes a discharge of wastewater directly or indirectly to the POTW.

(Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Waste" includes 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, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.

(Ord. 1489 § 1 (part), 1983).

"Wastewater" means the liquid and water carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the city's treatment works.

(Ord. 1489 § 1 (part), 1983).

"Wastewater constituents and characteristics" means 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 constituents and characteristics shall be measured as described in 40 Code of Federal Regulations (40 CFR) Part 136, as amended, unless expressly stated otherwise or as established by federal and state regulatory agencies.

(Ord. 2168 § 5, 2004: Ord. 1747 A § 9, 1989: Ord. 1489 § 1 (part), 1983).

(Ord. No. 2402, § 2, 12-17-2012)

"Wastewater discharge permit" means a permit issued to an industrial user pursuant to Chapter 15.29.

(Ord. No. 2402, § 1, 12-17-2012)

Editor's note— Ord. No. 2402, § 3, adopted Dec. 17, 2012, repealed § 15.04.600, which pertained to wastewater treatment system and derived from Ord. 1489, § 1(part), 1983.