Montclair Municipal Code Ch. 9.02 Acronyms and Definitions

As used in this title:

BMPs means best management practices.

BMR means baseline monitoring report.

BOD means biochemical oxygen demand.

CFR means Code of Federal Regulations.

COD means chemical oxygen demand.

CTS means compliance time schedule.

CWA means Clean Water Act.

EPA means Environmental Protection Agency.

NOI means Notice of Intent.

NPDES means National Pollutant Discharge Elimination System.

POTW means publicly-owned treatment works.

SIC means Standard Industrial Classification.

TDS means total dissolved solids.

TOMP means Toxic Organic Management Plan.

TRC means technical review criteria.

TSS means total suspended solids.

USC means United States Code.

(Ord. 99-791 Exh. A (part): prior code §§ 6-6.201, 6-9.201)

As used in this title:

Abandoned means any small cell facilities or wireless support structures that are unused for a period of 180 days without the operator otherwise notifying the City and receiving the City's approval.

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

Alcoholic beverages means any and all spirituous, vinous, malt or fermented liquor, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of 1 percent or more of alcohol by volume which are potable or fit as, or which may be used for, beverage purposes.

Antenna means communications equipment that transmits or receives radio frequency signals.

Applicant means any person applying for a small cell permit under Chapter 9.105.

Authorized representative of industrial user means:

1. A principal executive officer of at least the level of vice-president if the industrial user is a corporation;

2. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

3. 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.

Base station shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1).

Best management practices means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from raw material storage.

Biochemical oxygen demand (BOD) means the rate at which microorganisms use the oxygen in water or wastewater while stabilizing decomposable organic matter under aerobic conditions. In decomposition, organic matter serves as food for the bacteria, and energy results from its oxidation. BOD measurements are used as a measure of the organic strength of waste in water.

Blowdown means the removal of accumulated solids in boilers to prevent plugging of boiler tubes and steam lines. In cooling towers, blowdown is used to reduce the amount of dissolved solids in the recirculated cooling water.

Building lateral means that portion of the City sewer system conveying wastewater from the property line to the main line sewer.

Building sewer means that portion of the City sewer system conveying wastewater from the building to the property line.

Business plan (hazardous substance waste, or material) means basic information, including a map of the site and surrounding businesses, required pursuant to California Health and Safety Code Section 25500 that details location, type, quantity, and health risks of hazardous materials handled, used, stored, or disposed of in the City which could accidentally be released into the environment.

Bypass means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

Categorical standards means National Categorical Pretreatment Standards or pretreatment standards as established by the Environmental Protection Agency.

Categorical user means a user as defined in 40 CFR, Parts 401-471.

Cesspool means a lined excavation in the ground, which excavation receives the discharge of a drained system, or part thereof, so designed as to retain the organic matter and solids discharging therein but to permit the liquids to seep through the bottom and sides and constructed pursuant to the provisions of the Uniform Plumbing Code.

City means the City of Montclair.

City Engineer means the City of Montclair City Engineer or his/her deputy, agent, representative or inspector.

City sewer system means all facilities owned, controlled or operated by the City for the purpose of collecting and conducting wastewater to a delivery point, including building laterals conducting wastewater from property lines, main line sewers, and any facilities appurtenant to the foregoing.

City storm drain system means all facilities owned, controlled or operated by the City for the purpose of collecting and disposing of stormwater. Such facilities shall include but not be limited to conduits, natural or artificial drains, channels, watercourses, pumping stations and any other facilities appurtenant to the foregoing.

Collocation or collocate means the same as defined by the Federal Communications Commission in 47 C.F.R. § 1.6002(g)(1) and (2), as may be amended.

Community sewer system shall mean all facilities owned, controlled, or operated by the City of Montclair for the purpose of collecting and conducting sewage to a delivery point, including collector sewers conducting sewage from the originating premises, trunk sewers conveying sewage from tributary collector sewers or other trunk sewers, and any facilities appurtenant to the foregoing.

Compliance time schedule (CTS) means the time period allowed by the City during which a user shall comply with permit conditions or discharge requirements. The compliance time schedule shall contain specific time periods for installation of adequate treatment facilities, devices, or other related equipment and/or procedures and shall not extend beyond applicable federal deadlines.

Composite sample means a combination of no fewer than eight individual samples obtained at equal time or flow intervals for 24 hours.

Constituent means any chemical, element, compound or mixture that is either suspended or dissolved in a wastewater stream.

Construction activity means the clearing, grading or excavation that results in soil disturbances of at least five acres of total land area.

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

Decorative pole means a pole, arch, or other structure, except for a street light pole, placed in the public right-of-way that is specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following (a) electric lighting; (b) specially designed informational or directional signage; (c) temporary holiday or special event attachments.

Design standards means those detailed design standards, specifications and examples adopted by the City Council pursuant to Chapter 9.105 related to the design and installation of small cell facilities.

Dewatering means a process by which water is removed from sludge.

Direct discharge means the discharge of treated or untreated wastewater directly into the waters of the State of California.

Director of Public Works means the Director of Public Works of the City of Montclair.

Discharger means any person who discharges or causes a discharge of wastewater directly or indirectly into the City storm drain system.

Domestic wastewater means wastewater from residences and other premises resulting from personal use of water from washing, bathing, or other sanitary purposes.

Effluent means wastewater or other liquid—raw (untreated), partially or completely treated—flowing from a reservoir, basin, treatment process, or treatment plant.

Eligible facilities request shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3).

Food service establishment means and includes, but is not limited to, retail establishments selling prepared foods and beverages for consumption on the premises, and also cafeterias, lunch counters, and refreshment stands selling prepared foods for immediate consumption. Restaurants, lunch counters, and drinking places operated as a subordinate service facility by other establishments shall also be included.

Frontage means the front property line used by the City Engineer in determining the benefits for local improvements in assessment proceedings.

Grab sample means any individual sample of liquid collected in less than 15 minutes; also referred to as a "discrete sample."

Gravity-separation interceptors means an approved detention chamber designed to remove grease, oil and solids from a source flow prior to discharge into the City sewer system.

Hazardous substance, waste or material means any substance or combination of substances which falls under the classification of a "hazardous substance," "hazardous waste," or "hazardous material" as defined by the EPA, in Title 22 of the California Administrative Code or Section 25117 of the California Health and Safety Code.

Health officer means the San Bernardino County Health Officer or his/her authorized deputy, agent, representative or inspector.

Illegal discharge means any discharge to the City storm drain system that is not composed entirely of stormwater or contains constituents not provided for in this chapter.

Illicit connection means any connection to the City storm drain system that is not permitted pursuant to a valid NPDES permit or written approval by the City.

Indirect discharge means the intentional or unintentional release of treated or untreated wastewater or other pollutants from any source into the City sewer system.

Industrial user means any person who discharges or causes a discharge of nondomestic waste directly or indirectly into the City sewer system.

Industrial user discharge permit means a written authorization issued by the City in accordance with the Regional Sewerage Service Contract for the discharge of nondomestic wastewater from any industrial user of the City sewer system.

Influent means wastewater or other liquid—raw (untreated) or partially treated—flowing into a reservoir, basin, treatment process, or treatment plant.

Inspector means the authorized inspector, deputy, agent or representative of the City Engineer and/or Director of Public Works.

Interference means the inhibition or disruption of the POTW processes or operations which contribute to a violation of any requirement of the Inland Empire Utilities Agency's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act (CAA), the Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), Title 22 of the California Health and Safety Code, or other criteria applicable to the method of disposal or use employed by the POTW.

Irrevocable Annexation Agreement. When a property owner in an unincorporated area within the City's zone of influence wishes to connect to the City sewer system, the City Council may consider entering into an Irrevocable Annexation Agreement with such property owner. This agreement commits the property owner to cooperate with the City in an annexation of the subject property when and if the City commences such annexation.

Licensed contractor means a contractor having a valid license, which includes the activities listed on the permit for which the contractor has applied, issued pursuant to the provisions of Chapter 9 of Division 3 of the Business and Professions Code of the State.

Lot means a parcel of land having fixed boundaries and being designated on a plot, survey, or a deed that is recorded in the office of the County Recorder.

Main line sewer means any public sewer in a dedicated right-of-way in which changes in alignment and grade occur only at manholes or where angle points or curves between manholes have been approved by the City Engineer. Such sewers are generally 8 inches or more in diameter.

Mass-emission rate means the mass of material discharged into the City sewer system during a given time interval. Unless otherwise specified, the mass-emission rate shall mean pounds-per-day of a particular constituent or combination of constituents.

Meter pedestal means the housing for the main source of power and distribution of panels for building, streetlights, parks and other uses.

National Categorical Pretreatment Standards means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) or (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.

National Pollutant Discharge Elimination System Permit (NPDES permit) means any permit issued pursuant to the Federal Clean Water Act.

New source means:

1. Any building, structure, facility or installation from which there is or may be a discharge of pollutants, provided that:

a. The building, structure, facility or installation is constructed at a site at which no other source is located, or

b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or

c. The 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, 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 will 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 subsections (1)(a) or (b) of this definition but otherwise alters, replaces, or adds to existing process or production equipment;

3. Construction of a new source as defined under this subsection has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site construction program, either of the following:

i. Any placement, assembly or installation of facilities or equipment, or

ii. 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

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 subsection.

Nondomestic wastewater means the wastewater resulting from or associated with waste flows from commercial, governmental, institutional and industrial sources including, but not limited to, the following: production or refining of petroleum; production, processing, packing or canning of fruits, vegetables, meat or beverages; laundering of clothes in public laundries; public self-service laundries; hospitals; restaurants; vehicle-service facilities, wash racks, and garages; production of fertilizer, keeping of livestock or poultry, and operation of dairies; production of refuse; washing of equipment, facilities, or spaces used in nondomestic operations; production and processing of plastic; cleaning of tanks, tank cars, or barrels; plating or processing metals; processing or reclamation of refuse and any other similar manufacturing, processing and servicing operations.

Nondomestic wastewater shall not include wastewater from single-family or multifamily residences or places engaged exclusively in retail business.

Nonstormwater means any water not associated with storm runoff and that originates on or traverses any property in the City.

Notice of Intent means a Notice of Intent to comply with an adopted NPDES stormwater permit.

NPDES permit means a permit issued pursuant to the Federal Clean Water Act.

Park means a park, reservation, playground, recreation center, or any other area in the City owned or used by the City and devoted to active or passive recreation.

Pass-through means the discharge of pollutants through a POTW as defined in 40 CFR 403.3 (n) in quantities or concentrations which are a cause, in whole or in part, of a violation of any requirement of an NPDES permit.

Permission, when applied to public parks, means written permission granted by the Director of Community Development.

Permittee means the applicant issued a small cell permit pursuant to this Chapter.

Person means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.

Personal wireless service means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Point source means any point where domestic and/or nondomestic wastewater enters into the City sewer system.

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

Premises means any lot, parcel of land, building or establishment, either residential, commercial or industrial, both public or private, including schools, churches and institutions, without limitation.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the City sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR Part 403.6(d).

Pretreatment requirements means any substantive or procedural requirement related to pretreatment, including but not limited to a National Pretreatment Standard imposed on an industrial user.

Pretreatment Standards. See "National Categorical Pretreatment Standards" in this section.

Pretreatment system means an on-site method used for the removal of pollutants from wastewater prior to their entering the City sewer system.

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

Public right-of-way means the surface of, and the space within, through, on, across, above, or below, any public street, public sidewalk, public boulevard, public parkway, and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the City of Montclair.

Publicly owned treatment works (POTW), as defined by Section 212 of the Act (33 U.S.C. 1292), means a publicly-owned facility designed to provide treatment to wastewater generated within the City, which is maintained and operated by a public agency. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal wastewater or industrial wastes of a liquid nature. It also includes City-owned sewers, pipes, and other conveyances which convey wastewater for treatment.

Receiving water means all waters of the United States and tributaries of waters of the United States that are used for recreational or other purposes.

Regional Board shall mean the California Water Quality Control Board, Santa Ana Region, created and exercising its powers pursuant to the Porter-Cologne Water Quality Control Act, California Water Code Sections 13000, et seq.

Regional sewer system shall mean all facilities owned, controlled, or operated by IEUA and any interest or capacity rights of IEUA in facilities owned, controlled, or operated by others for purpose of transmitting, treating, and disposing of sewage, including interceptor sewers, sewage treatment and disposal plants, outfall sewers, facilities for the disposal of effluent and solid waste residuals, and any facilities appurtenant to the foregoing. The regional sewerage system shall not include any recycling facilities or portions of recycling facilities that are operated by or for the benefit of IEUA to meet obligations under the judgment entered in the action entitled Orange County Water District v. City of Chino, et al. (Case No. 117628, Superior Court, County of Orange) or to meet the requirements of contracting agencies exercising the right of first purchase of recycled effluent, provided that the regional sewerage system shall include all other disposal facilities that are required to meet the requirements of the NPDES permit or permits or waste discharge requirements issued to IEUA by the Regional Water Quality Control Board, Santa Ana Region, for the operation of the Regional Treatment Plants.

Regional Technical Committee. This committee is made up of one appointee and one alternate from each agency contracting with the Inland Empire Utilities Agency and one appointee and one alternate from the Inland Empire Utilities Agency.

Regional treatment plant means a wastewater treatment plant operated by the Inland Empire Utilities Agency as part of the regional sewerage system.

Seepage pits means a line excavation in the ground, which excavation receives the discharge of a septic tank, designed to permit the effluent from the septic tank to seep through its bottom and sides.

Self-regenerating water softening appliance shall mean a water-softening device located within the City of Montclair that discharges to a community sewer system that is tributary to the regional sewer system owned and operated by IEUA, whereby the capability of the appliance to remove hardness from water is renewed by the onsite application of a salt-containing brine solution to the active softening or conditioning material contained therein followed by a subsequent rinsing of the active softening or conditioning material.

Sewer-connection fee means the fee paid by an applicant to the City for the applicant's proportionate share of the original cost of the construction of the main line sewer.

Sewer-connection permit means authorization by the City to connect to the main line sewer after payment to the City of the sewer connection fee.

Sewerage is a comprehensive term which means and includes facilities for collecting, pumping, treating, and disposing of wastewater; a collection system.

Significant industrial user means any industrial user of the City sewer system who:

1. Is a categorical user as defined in 40 CFR, subchapter N (Parts 401-471); or

2. Has a discharge flow rate of 25,000 gallons or more per average workday of process wastewater, excluding sanitary noncontact cooling and boiler blowdown water, or contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the Inland Empire Utilities Agency's POTW; or

3. Has, in its wastewater, toxic pollutants as defined in Section 307 of the Act, State statutes, and rules; or

4. Is found by the City, the California Regional Water Quality Control Board and/or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other wastewater discharges from contributing industries, on the operation of the POTW, the quality of sludge, the system's effluent quality, or air emissions generated by the system.

Single-pass cooling water means water used solely for the purpose of cooling. This water is used only once and is discarded.

Sludge means settleable solids separated from liquids.

Small cell facility shall mean a type of wireless infrastructure comprised of small antennas that are placed on existing or new vertical infrastructure (such as utility poles) within the public right-of-way, and which are accompanied by equipment installed on the pole, on or below the ground.

More specifically, a small cell facility shall meet all of the following requirements:

1. The facility

a. Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d); or

b. Is mounted on a structure no more than ten percent taller than other adjacent structures; or

c. Does not extend existing structures on which it is located to a height of more than 50 feet or by more than ten percent, whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the facility, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume;

4. The facilities [do] not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b);

5. The facility is not located on Tribal lands, as defined under 36 CFR 800.16(x); and

6. The facility does not require antenna structure registration under 47 C.F.R. Part 17.

Small cell permit means the non-exclusive grant of authority issued by the City of Montclair to install a small cell facility in a portion of the public right-of-way in accordance with Chapter 9.105.

Sound-amplifying system, when applied to public parks, means and includes any system of electrical hookup or connection, loudspeaker system or equipment, sound-amplifying system or any other apparatus, equipment, device, instrument or machine designed for or intended to be used for the purpose of amplifying sound or increasing the volume of the human voice, musical tone, vibration, or sound wave. This definition shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places and at such times so that they do not disturb other persons in their permitted uses of the park.

Spill containment means a system of dikes, walls, barriers, berms, or other devices designed to contain spillage of liquid. Spill containment systems shall be constructed of materials which are impermeable and nonreactive to the liquids being contained. Spill containment systems shall conform to standards as deemed necessary by the City Engineer as to percent, type and size of required containment.

Stormwater Pollution Prevention Plan means the plan as described in the general construction activity stormwater permit as issued by the State Water Resources Control Board on August 20, 1992, and as may be amended.

Support structure means any structure capable of supporting a base station.

Suspended solids (SS) means the suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids and which is removable by laboratory filtration.

Swimming pool means any body of water created by artificial means designed or used for swimming, immersion or therapeutic purposes.

Temporary industrial user means any user who is granted temporary permission by the City Engineer to discharge unpolluted water or wastewater to the City sewer system and is authorized and controlled by an industrial user discharge permit.

Tower means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

Toxic Organic Management Plan (TOMP) means a strategy for keeping track of all solvents and toxic organic compounds delivered to a site and of their storage, use and disposal. The plan will address the prevention of discharge of toxic organics into the City sewer system or the environment. The plan will address the control of spills and leaks and will also ensure against the deliberate dumping of solvents.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency (EPA) under the provision of the CWA 307(a) or other Acts.

Treatment Plant. See "regional treatment plant" in this section.

Upset (sewer) means an exceptional incident in which there is unintentional and temporary noncompliance with discharge limits because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation.

User (sewer) means any person who contributes, causes, or permits the contribution of wastewater into the City sewer system.

Utility pole means a structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs, street light poles, and decorative poles.

Vacant lot unit means the unit of measurement used in calculating the standby assessment on vacant property. A 60-foot increment of frontage constitutes one unit.

Wastewater means largely the water supply of a community after it has been fouled by various uses. From the standpoint of source, it may be a combination of the liquid or water-carried wastes from residences, business buildings, and institutions, together with those from industrial establishments, and with such groundwater, surface water, and stormwater as may be present.

Water pollutant means, but is not limited to, any dredged spoil, solid waste, incinerator residue, wastewater, garbage, 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.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including, without limitation, all of the following:

a. Equipment associated with wireless communications;

b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration;

c. Associated towers, support structures, or base stations; and

d. The term does not include coaxial or fiber-optic cable that is not immediately adjacent to or directly associated with a particular antenna and equipment.

(Ord. 99-791 Exh. A (part): prior code §§ 6-6.202, 6-9.202, 10-1.02)

(Ord. No. 11-921, § 1, 5-2-11; Ord. No. 19-980, § II, 3-18-19)