Milpitas Municipal Code Art. I Definitions

For the purpose of this Chapter, the terms used herein are defined as follows:

Section 1.01

CITY is the City of Milpitas.

(Ord. 208 (part), 6/17/80)

Section 1.02

CITY COUNCIL is the City Council of the City of Milpitas.

(Ord. 208 (part), 6/17/80)

Section 1.02.1

CITY ENGINEER is part of the Public Works Department of the City of Milpitas.

(Ord. No. 315, § 2, 1/7/25; Ord. 208.17, 8/20/85)

Section 1.03

COUNTY is the County of Santa Clara, California.

(Ord. 208 (part), 6/17/80)

Section 1.04

PERSON is any individual, firm, partnership, company, corporation, association or government agency.

(Ord. 208 (part), 6/17/80)

Section 1.05

STREET is any public highway, road, street, avenue, alley, way, easement or right of way.

(Ord. 208 (part), 6/17/80)

Section 1.06

TRUNK SEWER is the sewer in the street constructed to accommodate more than one Main Sewer.

(Ord. 208 (part), 6/17/80)

Section 1.07

MAIN SEWER is any sewer eight inches (8″) or less in diameter in any public street to which the Side Sewer is to connect.

(Ord. 208 (part), 6/17/80)

Section 1.08

SIDE SEWER is the total length of sewer from the Main Sewer to the foundation of the structure to be connected.

(Ord. 208 (part), 6/17/80)

Section 1.09

HOUSE LATERAL is that portion of the Side Sewer within a public street.

(Ord. 208 (part), 6/17/80)

Section 1.10

HOUSE SEWER is that portion of the Side Sewer within private property.

(Ord. 208 (part), 6/17/80)

Section 1.11

DOMESTIC SEWAGE is defined as a combination of liquid or water carrying human or kitchen waste conducted away from the residence, business or institutional buildings.

(Ord. 208 (part), 6/17/80)

Section 1.12

INDUSTRIAL SEWAGE is defined as a combination of liquid or water-carried waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning or drain water from such process. This includes laundry water from commercial establishments.

(Ord. 208 (part), 6/17/80)

Section 1.13

PREMISE is any lot, parcel of land, building or establishment.

(Ord. 208 (part), 6/17/80)

Section 1.14

USER is any owner or renter of any Premise connected to a Trunk Sewer or Main Sewer for the purpose of disposing of any sewage from said Premise.

(Ord. 208 (part), 6/17/80)

Section 1.15

INSTALLER is any person that installs main or trunk sewers within the discharge area for connection to City system.

(Ord. 208 (part), 6/17/80)

Section 1.16

CONNECTOR is any person that connects any Side Sewer or House Lateral to any Main or Trunk Sewer owned by City.

(Ord. 208 (part), 6/17/80)

Section 1.17

SEWER EXTENSION FUND is a fund to receive and disburse funds for the construction, repair, replacement, extension, acquisition or maintenance of sewer lines where, in the judgment of the City Council of the City of Milpitas, the use of said funds for said purpose is reasonable and necessary.

(Ord. 208 (part), 6/17/80)

Section 1.18

DISCHARGE AREA are those areas shown on Map VIII-2-1.18 (being the land encompassed within the MSD on June 30, 1980) together with any lands hereafter annexed to the City of Milpitas which may not be shown on said map.

(Ord. 208 (part), 6/17/80)

Section 1.19

REGULATE INDUSTRIAL USER. Any industrial user whose discharge into the sanitary sewer system over a twenty-four hour period exceeds 25,000 gallons, or whose discharge constitutes industrial waste of excessive strength.

(Ord. 208.5 (part), 8/4/81)

Section 1.20

BASE AVERAGE DISCHARGE of a Regulated Industrial User shall mean either the highest monthly flow and B.O.D. loadings of such User recorded during the months of July, August, or September in 1978, 1979 or 1980 or the highest monthly flow and B.O.D. loadings recorded during July, August or September in any year thereafter, whichever is highest. Daily average flows and B.O.D. loadings, based on such highest monthly flow and loadings shall be calculated by the City Manager or his representative based on the number of working days per month according to data submitted by the User. In making such calculations, the City Manager shall presume five (5) working days per seven (7) day week unless an individual Regulated Industrial User submits to him, data in sufficient detail to indicate a different number of working days per seven (7) day week. Where data is unavailable, the City Manager shall assign as base average discharge to a Regulated Industrial User based on his best estimate of the highest likely daily average flow and loading of such User.

(Ord. 208.5 (part), 8/4/81)

Section 1.21

INTERFERENCE. Interference means, inhibition or disruption of the sewer system, treatment processes or operations of the sanitary sewer system which causes or significantly contributes to a violation of any requirement of the NPDES Permit, which is a permit issued to the City of San Jose pursuant to Section 402 of the Federal Water Pollution Control Act. Interference also includes prevention of sewage sludge use or disposal by the Sewage Treatment Plant in accordance with published regulations providing guidelines under Section 405 of the Act or in regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent State regulations (including those contained in any State Sludge Management Plant prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the Sewage Treatment Plant.

(Ord. 208.5 (part), 8/4/81)

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