Part 2.5 — FLOW AND DISCHARGE REGULATION

As used in this Part 2.5:

A.

As used in this part, unless otherwise indicated or required by the context, words shall have the definitions provided in Part 1 of this chapter.

B.

The term "act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 United States Code, Section 1251 et seq.

C.

"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 José pursuant to Section 402 of the 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 plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the sewage treatment plant.

D.

The term "pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in waste water to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer system. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes, or by other means, except as prohibited hereafter. Pretreatment except where expressly authorized to do so by an express standard in this chapter, shall never include an increase in the use of process water, other nonwaste water, or in any other way attempting to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the provisions of the standards set forth in this chapter or any order issued pursuant to the authority herein contained.

E.

"Aggregate operational capacity" shall mean the design capacity of the San José-Santa Clara water pollution control plant (hereinafter "the plant") to treat sewage flow as modified by the historical operational capacity, the reports of qualified consultants approved and retained by the city council and the completion of additional facilities and capital improvement to the sewage treatment plant when they become fully operational and which increase the operational capacity in the opinion of such qualified consultant. Aggregate operational capacity shall be determined by the city council, or by urgency declaration of the city manager as hereinafter provided on the advice of a qualified consultant as herein described. Until such time that the city council shall make such determination or the city manager makes such declaration, the aggregate operational capacity of the plant shall be deemed to be a peak one-day capacity of one hundred forty-three million gallons per day (MGD) hydraulic flow or five hundred seventy-eight thousand pounds per day BOD loading (which is the equivalent of a peak five-day average capacity of one hundred thirty MGD or five hundred twenty-five thousand pounds per day BOD loading).

F.

"Total organic carbon" (hereinafter "TOC") shall mean the measure of TOC in domestic or other waste water as determined by the appropriate testing procedure presented in "Standard Methods." By a conversion factor to be determined by the city engineer, TOC readings may be used to estimate the BOD loadings at the sewage treatment plant whenever a measurement of BOD is called for in the provisions of this part.

G.

"Industrial user" shall mean:

Any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of twenty-five thousand gallons per day (gpd) of waste water, excluding domestic waste

water, and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:

Division A - Agriculture, forestry and fishing.

Division B - Marine.