Riverside Municipal Code Div. I Preamble—Definitions

Riverside County Service Area ("CSA") 152 and 152-C were formed for the implementation of the National Pollution Discharge Elimination System Program. The City annexed their corporate boundaries into CSA 152. The sewer system of the County of Riverside (through CSA 152 and 152-C) and through agreement with the City of Riverside discharges treated effluent from the City of Riverside's Regional Water Quality Control Plant into permeable soil structures and surface waters of the State, in particular the Santa Ana River. Storm water discharges also enter the Santa Ana River. The chemical nature of this effluent affects the quality of water flowing in the receiving stream as well as the quality of underground waters in the vicinity.

The California Regional Water Quality Control Board, Santa Ana Region, hereinafter called the "Regional Board" has established discharge limitations for the chemical content of sewage effluent discharged by the City. These limitations are set forth from time to time in duly enacted resolutions and orders of the Regional Board.

In order to conform to such sewage effluent discharge limitations and requirements, the City must regulate the discharge of waste to the Publicly Owned Treatment Works (POTW) and discharges into its storm drain system.

A. This chapter shall provide for the regulation of wastewater discharges in accordance with the federal government's objectives of general pretreatment regulations as stated in Part 403. of Title 40 of the Code of Federal Regulations (CFR) which are for the following purposes:

1. To prevent the introduction of pollutants into the City's POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal biosolids;

2. To prevent the introduction of pollutants into the POTW 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 municipal and industrial wastewater and biosolids;

4. To enable the City to comply with its NPDES Permit conditions, biosolids use and disposal requirements, and any other federal or state laws to which the POTW is subjected;

5. To enable the City to control the privileges to any use of the POTW; and

6. To protect and preserve the health and safety of the citizens and personnel of the City and the Community Services Districts.

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

1. The issuance of Industrial User Permits;

2. Monitoring, compliance, and enforcement activities;

3. Administrative review procedures;

4. Industrial waste plan check review services;

5. User reporting requirements;

6. The establishment of fees;

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

8. To reduce or prevent the introduction of pollutants into the City storm drain system.

(Ord. 7362 § 6, 2017; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6232 §2 (part), 1995)

The following abbreviations, when used in this Code, shall have the designated meanings set forth herein:

ADM - Anaerobically Digestible Material

BOD - Biochemical Oxygen Demand

BMP - Best Management Practice

BMR - Baseline Monitoring Report

CFR - Code of Federal Regulations

CIU - Categorical Industrial User

COD - Chemical Oxygen Demand

DIU- Dental Industrial User

FW - Food Waste, Organic or Blended Waste

EPA - U.S. Environmental Protection Agency

gpd - gallons per day

IU - Industrial User

mg/l - milligrams per liter

MS4 - Municipal Separate Storm Sewer System

NPDES - National Pollutant Discharge Elimination System

NSCIU - Non-Significant Categorical Industrial User

POTW - Publicly Owned Treatment Works

RCRA - Resource Conservation and Recovery Act

RWQCP - Regional Water Quality Control Plant

SIU - Significant Industrial User

SNC - Significant Noncompliance

TDS - Total Dissolved Solids

TRC - Technical Review Criteria

TSS - Total Suspended Solids

U.S.C. - United States Code

(Ord. 7551 §1, 2021; Ord. 7362 §6, 2017)

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

1. Act or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended from time to time, 33 U.S.C. Section 1251 et seq.

2. Anaerobically Digestible Material or ADM means a slurry intended for direct injection to the plant's anaerobic digesters

3. Analytical methods means the sample analysis techniques prescribed in 40 CFR Part 136. 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.

4. Authorized or duly authorized representative of the user means:

A. If the user is a corporation:

(1) The 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 or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that 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 individual wastewater discharge permit [or general permit {optional}] 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, limited liability company or sole proprietorship, the general partner, managing member or proprietor respectively;

C. If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

D. The individuals designated in paragraph A., B. or C above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.

5. Baseline Monitoring Report (BMR) means a report which contains the information listed in paragraphs 40 CFR §403.12 (b)(1)-(7) to be submitted within 180 days after the effective date of a categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a category determination submission under 40 CFR §403.6(a)(4), whichever is later, existing Industrial Users subject to such categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the City this report. At least 90 days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the City a report which contains the information listed in paragraphs 40 CFR §403.12 (b)(1)-(5) of this section. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards.

6. Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices for compliance with pretreatment and storm water housekeeping requirements. 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. POTWs may develop BMPs, which shall be considered local limits and pretreatment standards for the purposes of this ordinance.

7. Biochemical Oxygen Demand (BOD) means the quantity of oxygen, expressed in mg/L, required to biologically oxidize material in a waste sample measured under standard laboratory methods of five days at 20 degrees Centigrade, usually expressed as a concentration.

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

9. Categorical industrial user (CIU) 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 as listed by the EPA under the appropriate subpart of 40 CFR Chapter I, Subchapter N.

10. Certification statement means the following text from 40 CFR Part 403.6(a)(2)(ii):

"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."

11. 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.

12. City Attorney means the City Attorney for the City or an authorized representative, deputy, or agent appointed by the City Attorney.

13. Class I User means an industrial user with an annual average industrial wastewater discharge of 25,000 gallons or more per day; a significant industrial user; and/or a categorical industrial user which is regulated by a Federal Categorial Pretreatment Standard.

14. Class II User means an industrial user with an annual average industrial wastewater discharge between 10,000 and 24,999 gallons per day.

15. Class III User means an industrial user with an annual average industrial wastewater discharge between one and 9,999 gallons per day.

16. Class IV User means any industrial or categorical industrial user that has a manufacturing or production process or procedure that generates wastewater and/or waste and that wastewater and/or waste is not discharged to the POTW due to the user's reclamation, recycling, segregation, and/or off-site site disposal of the wastewater and/or waste; or a user subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR Chapter I, subchapter N and that never discharges more than 100 gallons per day of total categorical wastewater.

17. Class V User means an industrial user that has a temporary need to discharge wastewater to the POTW. The temporary period shall be from one to 180 days.

18. Class VI User means a liquid waste hauler that transports domestic waste from septic tanks, cesspools, seepage pits, private disposal systems, Anaerobically Digestible Material (ADM) or Food or Organic Blended Waste (FW) for discharge at the RWQCP.

19. Collection Agency means a public agency with which the City has an interjurisdictional agreement addressing that agency's sewage collection and discharge to the City for transmission, treatment, and disposal.

20. Collection system means all pipes, sewers and conveyance systems conveying wastewater, owned and maintained by either the City or by tributary Community Services Districts contracting with the City for sewer service, but not including sewer lateral line connections.

21. 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 categorical industrial users whose effluent is a mixture of regulated, unregulated, and dilution wastewater as defined in the formula.

22. Commercial facility means a building used as an apartment complex, retail or grocery store, school, house of worship, campground, hotel or restaurant.

23. Commercial septic wastes means wastes contained in septic tanks, cesspools, seepage pits, holding tanks and private disposal systems, from commercial wastewater sources that are not connected to the sanitary sewer system.

24. Commercial wastewater means wastewater from apartment complexes, retail or grocery stores, schools, houses of worship, campgrounds, hotels or restaurants.

25. Community Services District means the Edgemont Community Services District, Jurupa Community Services District, Rubidoux Community Services District, or any other district which contracts with the City for sewer service.

26. Compliance Flow Exceedance means a 24-hour discharge volume that exceeds the Permitted Maximum Daily Discharge volume by greater than five percent.

27. Compliance Order means an administrative order directing a noncompliant user to achieve or restore compliance by a date specified in the order to correct violations of the Industrial User's wastewater discharge permit or of this chapter.

28. 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.

29. Composite sample means a series of grab samples of equal volume taken at a predetermined time or flow rate for a predetermined period of time, which are combined into one sample.

30. Confined space, pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, means a space that:

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

B. 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

C. Is not designed for continuous occupancy by a person.

31. Consent order means a time schedule agreed upon by the City and an Industrial User that specifies corrective actions, called milestones, to be taken by the Industrial User to correct violations of the Industrial User's Wastewater Discharge Permit or this chapter.

32. Control authority means the City of Riverside.

33. Conventional pollutants means pollutants amenable to treatment at a municipal sewage treatment plant, such as BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen and such additional pollutants the EPA defines as conventional.

34. Corrective action means a response, plan, action, or activity undertaken to correct a violation or deficiency.

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

36. Daily Average means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

37. Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

38. De Minimis user means any user whose industrial wastewater discharge is less than 100 gallons per day and is not regulated by a federal categorical pretreatment standard or industrial user group permit.

39. Dental industrial user means all industrial users subject to Dental Amalgam Effluent and BMP Standards or related requirements promulgated by the Environmental Protection Agency (EPA), and any subsequent programs or requirements imposed by a State agency.

40. Dilution means the increase in use of process water or any other means to dilute a wastestream as a partial or complete substitute for adequate treatment to achieve discharge requirements.

41. Direct Discharge means a discharge directly to surface, channel, stream or other receiving body that leads to the Waters of the United States.

42. Director means the Public Works Director of the City or an authorized representative, deputy, or agent appointed by the Public Works Director.

43. Discharge Requirements means the specific numerical limits, prohibitions, and reporting requirements as contained in an Industrial User Permit and this chapter.

44. Domestic septic wastes means all domestic wastes contained in septic tanks, cesspools, seepage pits, holding tanks and private disposal systems.

45. Domestic wastewater (also referred to as Sanitary Wastewater) means wastewater from residences, offices, institutions or from other premises resulting from the use of water for personal washing, sanitary purposes or the discharge of human excrement and related matter.

46. Effluent means treated wastewater flowing from treatment facilities, a POTW, or a user's pretreatment equipment.

47. Emergency means facts or circumstances that City reasonably determines create an imminent threat of harm to public health or safety, the environment or the POTW.

48. Enforcement Policy means the current methods as outlined in the City's Enforcement Response Plan and utilized by the City to gain compliance from Industrial Users for violations of wastewater discharge permit conditions or this chapter.

49. Environmental Protection Agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official of said agency.

50. Existing source means any source of discharge that is not a "New Source."

51. 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 POTW 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.

52. Fats, Oils and Greases or FOG means the hydrophobic, viscous, agglomerative byproduct of food preparation that can build up in sewer lines and restrict flow, causing blockages.

53. General Prohibitions means the prohibition against introduction into a POTW of any pollutant(s) which cause Pass Through or Interference, as defined in 40 CFR 403.5, applicable to all users.

54. 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 housekeeping practices or the installation of pretreatment equipment to reduce or eliminate pollutants.

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

56. Gravity separation interceptor means an approved wastewater detention device, equipment or appurtenance and is designed to remove floatable and settleable material by means of gravity and the solubility of the waste in water from industrial wastewater prior to discharge to the POTW and may include but not be limited to grease interceptors, hydromechanical grease interceptors, grease traps, and sand/oil interceptors, or clarifiers.

57. Hazardous substance means any substance capable of creating imminent endangerment to health or the environment.

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

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

60. Industrial user means all persons, entities, public or private, industrial, commercial, governmental, or institutional which discharge or cause to be discharged, industrial wastewater and waterborne waste into the POTW, or stores waste or wastewater on site for treatment and/or subsequent disposal, and includes mobile wash businesses and liquid waste haulers.

61. Industrial user permit means a permit, issued by the Public Works Director, regulating the terms and conditions under which an industrial user may discharge any non-domestic wastewater to the POTW.

62. Industrial wastewater means all non-domestic and non-commercial wastewater from any producing, manufacturing, processing, service, automotive, agricultural or other operation. Industrial wastewater may also include cooling tower and boiler blowdown water, contaminated stormwater, potable water treatment wastewater and chemical toilet wastewater as determined by the Director.

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

64. Instantaneous limit means the maximum concentration of a pollutant, including flow volume, allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event

65. Interference means any discharge from a user which, alone or in conjunction with a discharge or discharges from other sources both: inhibits or disrupts the POTW, treatment processes or operations, or sludge processes, use or disposal; and which is a cause of a violation of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of violation) or of the prevention of biosolids use or disposal in compliance with Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly known as the Resource Conservation and Recovery Act (RCRA)), and 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, the Marine Protection Research and Sanctuaries Act, and any amendments to these Acts or regulations.

66. Ion exchange water softener means a water conditioning apparatus that is designed to remove hardness or other impurities from a user's potable water supply through chemical, not physical means.

67. Liquid waste hauler means any person engaged in the truck hauling of liquid wastes from septic tanks, seepage pits, cesspools, other private disposal systems, FOG wastes, food wastes or blended organic wastes, or other wastes as determined by the Director.

68. Local limits means general and specific prohibitions, best management practices or pollutant discharge limitations or pollutant parameters which are developed by the City in accordance with 40 CFR 403.5(c) and as adopted by the City Council.

69. 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.

70. Mass emission rate means the rate of pollutant discharge in pounds per day to the POTW.

71. May means permissive.

72. mg/L means milligrams per liter.

73. Milestone means a time-based increment of progress in a compliance schedule, not to exceed nine months. Milestones may be set for construction, operations, repairs, the creation of policies and procedures, or other aspects of pretreatment and discharge.

74. Mobile wash business means nonresidential user of mobile pressure washing equipment to wash or rinse motor vehicles, machinery, buildings, windows, paved areas, sidewalks, parking lots, and outdoor eating areas, etc.

75. Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

76. Monitoring/Production Information Order (MPIO) means an Administrative Order requiring an industrial user to determine the concentration or mass emission of pollutants in its industrial wastewater discharge when two consecutive violations for the same pollutant are detected. The industrial user shall sample those pollutants for each day in a 14 consecutive calendar day period that industrial wastewater is discharged to the POTW and shall provide that data and wastewater discharge flow data for that period.

77. 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.

78. Monthly average Limit means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

79. Municipal Separate Storm Sewer System (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, man-made channels, or storm drains): (i) Owned or operated by a State, city town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under section 208 of the CWA that discharges to Waters of the U.S.; (ii) Designated or used for collecting of conveying storm water; (iii) Which is not a combined sewer; (iv) Which is not part of the POTW as defined at 40 CFR 122.2.

80. New source means

A. 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 Clean Water 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 may be considered.

B. 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 subsection A above but otherwise alters, replaces, or adds to existing process or production equipment.

C. 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.

ii. Entered into a binding contractual obligation for the purchase 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.

81. Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

82. Non-Discharging Categorical Industrial User (NDCIU) or sometimes termed Dry Categorical User means Categorical Industrial Users which generate categorical wastewater, but do not have discharges to the City's collection system that are regulated by the National Categorial Pretreatment Standards contained in 40 CFR Parts 405-471 and amendments thereto. These users shall not be considered Significant Industrial Users as defined by 40 CFR Part 403.

83. NPDES permit means the then effective National Pollutant Discharge Elimination System Permit issued by the California Regional Water Quality Control Board establishing the Waste Discharge and Producer/User Reclamation Requirements for the Riverside Regional Water Quality Control Plant or storm water requirements for the City's "Municipal Separate Storm Sewer System" (referred to as the "MS4" Permit).

84. NSIU means a non-significant industrial user that does not require a Class I-VI Industrial User Permit or other control instrument and is not considered a restaurant.

85. Non-significant categorical industrial user means a user subject to categorical pretreatment standards under 40 CFR Part 403.6 and 40 CFR Chapter I, subchapter N and that never discharges more than 100 gallons per day of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater) as measured from each individual categorical source at the facility, and has: 1) consistently complied with all applicable categorical Pretreatment Standards and Requirements; 2) has submitted a certification statement required by 40 CFR Part 403.12(q) together with any additional information necessary to support the certification statement; and 3) has never discharged any untreated concentrated wastewater.

86. Non-Storm Water Discharges (NSWDs) means discharges that do not originate from precipitation events, including, but not limited to, discharges of process water, air conditioner condensate, non-contact cooling water, vehicle wash water, sanitary wastes, concrete washout water, paint wash water, irrigation water, or pipe testing water.

87. Off-Spec Product means a product that is contaminated or otherwise fails to meet applicable specifications per the manufacturer.

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

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

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

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

89. Pass through means any 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, causes a violation of any requirement of the NPDES Permit, including an increase in the magnitude or duration of a violation.

90. Permit-required confined space, pursuant to California Code of Regulations, Title 8, Section 5157, subsection b, means a confined space that has one or more of the following characteristics:

A. Contains or has the potential to contain a hazardous atmosphere;

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

C. Has an internal configuration such that an entrant could be trapped or and tapers to a smaller cross-section; or

D. Contains any other recognized serious safety or health hazard.

91. 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.

92. pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.

93. Pollutant means anything which causes the deterioration of water quality such that it impairs subsequent and/or competing uses of the water. Also means conventional pollutants, domestic wastewater, hazardous substances, infectious waste, slug discharges, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, plastic waste, heat, rock, sand, dirt, dust, wood product, cleaning chemicals of any kind and industrial, municipal, and agricultural waste and wastewaters. Pollutants may also include, but are not limited to, paints, oil and other automotive fluids, soil, sand, sediment, dirt, rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus, enterococcus, other biological materials, radiological materials, suspended solids, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind.

94. Pollutant exceedance fee means a fee in addition to the sewer service charge, which is charged on those users whose wastewater discharge pollutants exceed permitted pollutant levels for COD, TSS or maximum daily discharge volume.

95. Plastic Materials means virgin and recycled plastic resin pellets, powders, flakes, powdered additives, regrind, dust, and other similar types of preproduction plastics with potential to discharge or migrate off-site.

96. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

97. Pretreatment standards or standards means prohibited discharge standards, categorical pretreatment standards, and local limits.

98. Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of [the ordinance from which this section derives].

99. Pretreatment waste means waste byproducts, such as sludge or particulates, removed by pretreatment.

100. Publicly Owned Treatment Works or POTW means a wastewater treatment plant, e.g., the Riverside Regional Water Quality Control Plant (RWQCP). This definition includes the collection system, within the City and the Community Service Districts, which is the sewers, pipes and other conveyances of wastewater to a treatment plant, except for private sewer lateral connections. It also includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes.

101. Qualified professional means a person qualified by education, training, or experience to evaluate and assess pollutant discharges and violations of this chapter.

102. Quarterly Average means the average of discrete measurements taken over a calendar Quarter as calculated by using all daily measurements and flows as applicable.

103. Quarterly Average Limit means the highest allowable quarterly average discharge of a specified pollutant, calculated from all daily measurements and flows as applicable.

104. RCRA means the Resource Conservation and Recovery Act and its Regulations as contained in 40 CFR Part 260-266 and 270.

105. Regional Water Quality Control Plant (RWQCP) means the City owned treatment works located at 5950 Acorn Street, Riverside CA 92504.

106. Restaurant or Food Service Establishment (FSE) means all retail establishments selling prepared foods and/or drinks for consumption on or off the premises; including lunch counters and refreshment stands. Retail establishments, lunch counters, and drinking places selling prepared food and/or drink as a subordinate service incidental to their primary operations, and institutional facilities (e.g., schools, hospitals, jails, prisons, and juvenile halls), which serve food on the premises shall also be considered restaurants.

107. Sanitary Sewer Overflow or SSO means a release of untreated sewage from the sanitary sewer into the environment prior to reaching sewage treatment facilities.

108. Shall means mandatory.

109. Self-monitoring means wastewater samples taken by a user or the user's contracted laboratory, consultant, engineer, or similar entity.

110. Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.

111. Sewage means human excrement and gray water (household showers, dishwashing operations, etc.).

112. Sewer lateral line means the wastewater collection pipe extending from the premises where the wastewater is generated to the premises' property line or easement boundary for residences, or from the premises to the connection to the city main line for commercial or industrial facilities.

113. Significant industrial user (SIU), except as provided in paragraphs C and D below, as per 40 CFR 403.8(f)(1)(iii)(B)(6) means one or more of the following:

A. An industrial user subject to categorical pretreatment standards.

B. An industrial user that

(i) Discharges an average of at least 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

(ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.

C. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

D. The City may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(i) The industrial user, prior to the City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(ii) The industrial user annually submits the certification statement required in Section 6.14 B [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

(iii) The industrial user never discharges any untreated concentrated wastewater.

E. Upon a finding that a user meeting the criteria in subsection D. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

114. Significant noncompliance (SNC) means any violation meeting one or more of the following criteria:

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

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

C. Any other violation of a numeric pretreatment standard or requirement (including narrative standards and best management practices) determined by the City to cause, in whole or in part: POTW damage, interference, or pass through; danger to POTW personnel; or the public health, safety and welfare;

D. Any discharge of a pollutant posing imminent danger to human health or welfare, or to the environment, or resulting in the City's exercise of its emergency authority to stop or prevent such a discharge;

E. Failure to meet, within 90 days after the scheduled date, a compliance schedule Milestone;

F. Failure to provide, within 30 days of the scheduled date, any required reports such as baseline monitoring reports, compliance reports, and self-monitoring reports;

G. Failure to pay, within 30 days of written notification, all application, permit, or enforcement fees;

H. Failure to accurately report non-compliance; or

I. Any other violation(s), which may include failure to implement required best management practices, which the City believes will adversely affect the City's pretreatment program.

115. Single pass cooling water means water that is used solely for the purpose of cooling and is used only once before being discharged.

116. Single pass heating water means water that is used solely for the purpose of heating and is used only once before being discharged.

117. Slug load or slug discharge means any discharge of wastewater of a non-routine, episodic nature including, but not limited to, an accidental spill, or a non-customary batch discharge which could damage, interfere with, or pass through the POTW or otherwise violate this chapter, local limits, permit conditions, or other regulations. Slug load means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards or local limits as described in this ordinance or a permit.

118. Spill-Containment means a protection system installed by an Industrial User to prevent the comingling of incompatible materials and/or accidental discharge of prohibited and/or incompatible pollutants to the collection system or storm drain.

119. Storm drain or Stormwater Conveyance System means a storm water drain system or 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, inlets and outlets, cross gutters, storm water pump and lift stations, parking lots, paved areas, streets, and natural water courses used to collect and direct storm water to a receiving body of water or aquifer recharge basins.

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

121. Temporary user means any user granted temporary permission under a Class V Industrial User Permit to discharge unpolluted water or wastewater to the sewer system.

122. Timeline means the date of completion for a compliance schedule, compliance plan, corrective action, submission of report, or other response required due to a detected violation or deficiency. This an also be called a benchmark or milestone.

123. Total suspended solids or suspended solids means the total suspended matter that floats on the surface or is suspended in water, wastewater, or other liquid, and that is removable retained by laboratory filtering and dried at 103—105 degrees C.

124. Total toxic organics (TTO) means the sum of all quantifiable values greater than 0.01 mg/L of the regulated toxic organic compounds which are found in the user's industrial wastewater discharge.

125. Unpolluted water means cooling and heating water, single pass cooling and heating water, air conditioning condensate, ice melt, condensate, landscape irrigation, crop irrigation, rain water, and other water not containing any pollutant, or water whose discharge would not otherwise violate any receiving water quality standards.

126. Upset means an exceptional incident which causes temporary and unintentional non-compliance with the discharge limitations or prohibitions applicable to a user or the POTW.

127. User or industrial user means any person, public or private, residential, industrial, commercial, governmental, or institutional which discharges or causes to be discharged wastewater or waterborne waste to the POTW.

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

129. Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW or storm drain.

130. Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

131. Waters of the State means any surface water or groundwater, including saline waters, within the boundaries of the State of California.

(Ord. 7691, §1, 2024; Ord. 7551 §2, 2021; Ord. 7362 §6, 2017; Ord. 7099 §1, 2010; Ord. 7032 §2, 2009; Ord. 6637 §2 (part), 2002; Ord. 6398 §1, 1997; Ord. 6232 §2 (part), 1995)