San Leandro Municipal Code Art. 2 Definitions

(Legislative History: Ordinance No. 2014-020, 11/17/14; Ordinance No. 2017-005, 3/20/17; Ordinance No. 2018-006, 3/19/18 (Section 3-14-200))

Words, phrases or terms not specifically defined herein, and having a technical or specialized meaning shall be defined as set forth in 40 CFR Parts 136, 401, and 403.

In addition, terms defined herein shall have the same meaning as those terms are defined by the Porter Cologne Water Quality Act and the Federal Water Pollution Control Act as amended in 1972.

Unless the context indicates otherwise, the following words and terms all have the meaning defined herein.

Accessory Dwelling Unit.

An accessory dwelling unit (ADU) is a secondary dwelling unit built on a parcel with an existing single-family dwelling with complete independent living facilities for one or more persons. An ADU can take three forms: detached structure, attached structure, repurposed existing space. For the purposes of this Code, there can be only one ADU per parcel, and the existence of an ADU does not change the status of the single-family dwelling. If more than one ADU is created on the lot, all ADUs convert to single-family dwellings.

Act or The Act

shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq. See Federal Act.

Approval Authority.

Approval Authority shall mean United States Environmental Protection Agency or its authorized designee. See EPA.

Authorized Representative of Industrial User.

Authorized Representative of Industrial User shall mean the following:

(1)

A responsible corporate officer as defined in 40 CFR 403.12(I)(1);

(2)

A general partner or proprietor of a partnership or sole proprietorship, respectively, as provided in 40 CFR 403.12(I)(2);

(3)

A duly authorized representative of the individual designated in subsection (1) or (2), subject to the requirements of 40 CFR 403.12(I)(3) and (4).

Beneficial Uses.

Beneficial Uses shall mean uses of the Waters of the State including, but not 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 in Federal or State law.

Best Management Practices (BMPs).

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical Oxygen Demand (BOD).

Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen demanded in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 degrees centigrade.

Building Sewer.

Building Sewer shall mean the piping conveying wastewater from the premises of a User to the City sanitary sewer system. See Sewer Lateral, Private Sewer Lateral.

Categorical Pretreatment Standard.

Categorical Pretreatment Standard shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 to 471.

City.

City shall mean the City of San Leandro.

City Manager.

City Manager shall mean the individual appointed by the City governing body (City Council) with responsibility and authority for all functions of local government. See Manager.

Code of Federal Regulations (CFR).

Regulations adopted by the United States Environmental Protection Agency.

Commercial User.

Commercial User shall mean any nonresidential user that the City determines will introduce primarily domestic sewage to the sewerage system.

Composite Sample.

Composite Sample shall mean a sample that is collected manually or automatically, discretely or continuously, based on time or flow intervals.

Conservative Pollutant.

Conservative Pollutant shall mean a pollutant that is not metabolized by treatment processes in a conventional wastewater treatment plant. A conservative pollutant may be removed by the treatment processes and retained in the biosolids, may be volatilized and lost in fugitive air emissions, or may be discharged in the plant's effluent. Although the pollutant may be chemically changed in a treatment process, it can still be detected and may still be detrimental to the environment.

Contamination.

Contamination shall mean an impairment of the quality of Waters of the State by waste to a degree that creates a hazard to public health through poisoning or spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not Waters of the State are affected.

Control Authority.

The City's approved POTW pretreatment program.

Conventional Pollutant.

Conventional Pollutant shall mean biochemical oxygen demand, organic carbon, suspended solids, ammonia, nitrogen, pH, and total coliform bacteria, plus additional pollutants identified in the POTW's National Pollutant Discharge Elimination System (NPDES) Permit if the POTW was designed to treat such pollutant, and if such pollutants do not interfere with the operations of the POTW or adversely impact sludge use and disposal and, in fact, the POTW does remove such pollutant to a substantial degree.

Cooling Water.

Cooling Water shall mean water used for cooling, such as air conditioning, heat removal from industrial equipment, or refrigeration.

Direct Discharge.

Direct Discharge shall mean the discharge of treated or untreated wastewater directly to the Waters of the State.

Domestic Sewage.

Domestic Sewage shall mean liquid and waterborne wastes derived from the ordinary living processes, free from industrial wastes, and of such character as to permit satisfactory disposal, without special treatment, to the City sanitary sewer system.

East Bay Dischargers Authority.

East Bay Dischargers Authority shall mean the joint powers of authority comprised of the City of Hayward, the City of San Leandro, the Oro Loma Sanitary District, the Castro Valley Sanitary District, and the Union Sanitary District.

EPA.

EPA shall mean the United States Environmental Protection Agency. See Approval Authority.

Fats, Oil and Grease (FOG).

Organic compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. Fats, oil and grease are generated from food production, preparation and service, and kitchen cleanup. Throughout this Chapter, references to oils and grease include mineral/petroleum based oils and grease.

Federal Act.

Federal Act shall mean the Federal Water Pollution Control Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the EPA pursuant to the Act. See Act.

Food Service Establishment.

Any establishment that prepares and/or serves food for use or sale including, but not limited to, restaurants, cafés, cafeterias, commercial kitchens, catering kitchens, bakeries, hotels, schools, hospitals, correctional facilities, care institutions, grocery stores with food preparation, meat cutting and preparation, meat packing and any other food handling facilities where FOG may be introduced into the municipal sewer.

Garbage.

Garbage shall mean putrescible solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

Grab Sample.

Grab Sample shall mean a discrete sample collected from a waste stream over a period of time not more than 15 minutes.

Holding Tank Waste.

Holding Tank Waste shall mean any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks. Sometimes referred to as septic waste or septage.

Indirect Discharge.

Indirect Discharge shall mean the discharge or the introduction of non-domestic pollutants from any source regulated under Section 307(b) or (c) of the Act into the City sanitary sewer system.

Industrial User.

Industrial User shall mean an entity that generates and/or discharges into the City sanitary sewer system industrial waste.

Industrial Waste.

Industrial Waste shall mean the waste and wastewater resulting from activities such as production, testing, remediation, manufacturing or processing operations and may include institutional and commercial entities. The term shall include the definition of process waste found at 40 CFR 401.11(q). See Wastewater.

Interceptor.

A device, unit or installation constructed and operated for the purpose of removing and retaining dangerous, harmful, or prohibited constituents from wastewater before discharge to the City sanitary sewer system.

Interference.

Interference shall mean the inhibition or disruption of the POTW treatment processes or operations that contributes to a violation of any requirement of the City's NPDES permit or affects sewage sludge use or disposal by the POTW under 40 CFR Parts 405 and 503 of the Act, or conformance to any criteria, guideline, or regulation developed pursuant to the Solid Waste Disposal Act (SWDA) (42 U.S.C. Sections 6901 et seq.), the Clean Air Act, the Toxic Substances Control Act, or more stringent State criteria (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 City.

Major Contributing Industry.

Major Contributing Industry shall mean an Industrial User that meets one or more of the following criteria:

(1)

Class A - Industrial Users regulated by Federal Categorical Pretreatment Standards.

(2)

Class B - Users not covered by Federal Categorical Pretreatment Standards, but have the potential to discharge regulated pollutants and must meet the pollutant limitations established in this Chapter and in individual permits issued by the Control Authority.

(3)

Class C - Users that discharge conventional pollutants but could by themselves or combined with flow from another user overload the City sanitary sewer system, causing the City to violate NPDES permit limits.

(4)

Class D - Users that discharge wastewater from sources not associated with usual industrial processes. Sources may include, but are not limited to, remediation, excavation, and leachate extraction.

Manager.

Manager shall mean the City Manager or designee. See City Manager.

Mass Emission Rate.

Mass Emission Rate shall mean the mass of material discharged to the City sanitary sewer system during a given time interval. Unless otherwise specified, the mass emission shall mean pounds per day of a particular constituent or combination of constituents.

National Pretreatment Standard.

National Pretreatment Standard shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharge limits established in 40 CFR Part 403.5.

National Pollutant Discharge Elimination System (NPDES) Permit.

National Pollutant Discharge Elimination System (NPDES) Permit shall mean a permit issued pursuant to Section 402 of the Act.

National Prohibitive Discharge Standard or Prohibitive Discharge Standard.

National Prohibitive Discharge Standard or Prohibitive Discharge Standard shall mean any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

Natural Outlet.

Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, bay, ocean, or other body of surface water, or outlet into the ground water.

New Source.

New Source shall mean an entity as defined at 40 CFR Part 403.3(m).

Nuisance.

Nuisance shall mean any condition injurious to health 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 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.

Pass Through.

Pass Through shall mean a 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, is a cause of violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) as defined at 40 CFR 403.3(p).

Person.

Person shall mean any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include feminine, the singular shall include the plural where indicated by the context.

pH.

pH shall mean the measure of the acidity or alkalinity of a liquid on a scale of 0 to 14, 0 being extremely acidic, 7 neutral, and 14 extremely alkaline. The pH corresponds to the logarithm (base 10) of the reciprocal concentration of hydrogen ions expressed in gram-ions per liter of solution.

Pollutant.

Pollutant shall have the meaning as defined at 40 CFR 401.11(f).

Pollution.

Pollution shall mean 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. Pollution is further defined at 40 CFR 401.11(g).

POTW - Publicly Owned Treatment Works.

POTW - Publicly Owned Treatment Works shall mean a treatment works as defined by Section 212 of the Act, which is owned by the City and includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or liquid industrial waste. It also includes sewers, pipes, and lift stations that convey wastewater to the POTW treatment plant. POTW also means the City, which has jurisdiction over the indirect discharges to and the discharges from the treatment works. POTW is further defined at 40 CFR 403.3(q) and (r). "The City sanitary sewer system" is used throughout this Chapter to refer to the POTW. See Sewerage System, City.

Premises.

Premises shall mean a parcel of real estate including any improvements thereon determined by the City to be a single user for purposes of receiving, using, and paying for service.

Pretreatment or Treatment.

Pretreatment or Treatment shall mean 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 sanitary sewer system. The reduction or alteration may be obtained by physical, chemical or biological processes, process changes or by other means except dilution. Pretreatment is further defined at 40 CFR 403.3(s).

Pretreatment Facility.

Pretreatment Facility shall mean any facility or device for treatment, control or flow limitations of sewage or industrial waste, prior to discharge into the City sanitary sewer system.

Pretreatment Requirements.

Pretreatment Requirements shall mean any substantive or procedural requirement related to pretreatment imposed on an Industrial User other than National Pretreatment Standards. The term is defined at 40 CFR 403.3(t).

Private Sewer Lateral.

Private Sewer Lateral shall mean a sewer lateral not maintained as part of the City sanitary sewer system. See Building Sewer, Sewer Lateral.

Process Wastewater.

Process Wastewater shall mean any water which, during manufacturing or processing, comes into contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. The term is defined at 40 CFR 401.11(g).

Reclaimed Water.

Reclaimed Water shall mean wastewater that, as a result of treatment, is suitable for a beneficial use that would not otherwise occur.

Regional Water Quality Control Board.

Regional Water Quality Control Board shall mean the California Regional Water Quality Control Board, San Francisco Bay Region.

Sanitary Sewer.

Sanitary Sewer shall mean a pipe that carries domestic sewage and/or industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted. A City sewer or public sewer is any sewer located within an easement or public right-of-way that is maintained by the City.

Sewerage System.

See POTW.

Sewer Lateral.

Sewer Lateral shall mean the piping used to convey wastewater from within a building or structure to a public or private sewerage collection system. See Building Sewer, Private Sewer Lateral.

Significant Industrial User.

Significant Industrial User shall mean:

(1)

Industrial users subject to Federal Categorical Pretreatment Standards;

(2)

Any other industrial user that:

(i)

Discharges to the POTW an average of 25,000 gallons or more of process wastewater per day;

(ii)

Contributes process wastewater that makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(iii)

Is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential to adversely affect the POTW's operation or to violate a pretreatment standard or requirement.

Significant Noncompliance.

Significant Noncompliance shall mean a significant industrial user's violation of pretreatment standards meeting any of the following criteria or an industrial user's violation of pretreatment standards meeting criteria (3), (4), or (8):

(1)

Chronic violations of wastewater discharge limits, defined herein as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement for the same pollutant parameter, including instantaneous limits, as defined by 40 CFR 403.3(I);

(2)

Technical Review Criteria (TRC) violations, defined here as those in which 33% 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, as defined by 40 CFR 403.3(I), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering human health, property or the environment);

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the exercise of the City's emergency authority under 40 CFR Part 403.8(f)(1)(vi)(B), to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a control mechanism or enforcement order;

(6)

Failure to provide, within 45 days after the due date, required reports such as permit applications, baseline monitoring reports, periodic compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; and

(8)

Any other violation or group of violations which may include BMPs, that the City determines will adversely affect the operation or implementation of the pretreatment program.

Shall.

"Shall" is mandatory.

Slug Discharge.

Slug Discharge shall mean a discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary batch discharge that has potential to cause interference or pass through, or in any other way violate the City's regulations, local limits, or permit conditions. Slug discharge is further defined at 40 CFR 403.8(f)(2)(vi).

Standard Industrial Classification (SIC).

Standard Industrial Classification (SIC) shall mean a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.

Storm Sewer.

Storm Sewer shall mean infrastructure that carries storm and surface waters and drainage, and excludes sewage and industrial waste.

Storm Water.

Storm Water shall mean flow resulting from natural precipitation.

Total Suspended Solids.

Total Suspended Solids shall mean the total mass or concentration of particles suspended in water, wastewater or other liquids that will not pass through a filter (in the application of EPA Method 160.2).

Total Toxic Organics (TTO).

For users subject to Federal Categorical Standards with defined TTO parameters, TTO shall be defined and applied per the applicable categorical standard to determine compliance with the Federal Standard. TTO standards for local limits compliance shall be the sum of those parameters in the list of toxic pollutants found at 40 CFR 401.15 that are detected at or above the Method Detection Limit at a value greater than 0.01 milligrams per liter by EPA Methods 624 and 625. For users that may have potential to discharge additional toxic pollutants not specified herein, those additional parameters may be included as provisions in individual permits.

User.

User shall mean any person who contributes, causes or permits the contribution of wastewater into the City sanitary sewer system.

Waste.

Waste shall mean domestic sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive associated with human habitation, or human or animal origin, or from or related to any production, manufacturing, or processing operation of whatever nature, including such waste placed within containers prior to, and for the purpose of, disposal.

Wastewater.

Wastewater shall mean waste and water, whether treated or untreated. See Industrial Waste.

Wastewater Constituents and Characteristics.

Wastewater Constituents and Characteristics shall mean 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.

Water Quality Requirements.

Water Quality Requirements shall mean requirements for the City's treatment plant effluent established by the NPDES permit, or by State or Federal regulatory agencies. Water quality requirements include effluent limitations and waste discharge standards, limitations, or prohibitions that may be established or adopted by State or Federal laws or regulatory agencies.

Waters of the City.

Waters of the City shall mean any water, surface or underground, including saline waters within the boundaries of the City.

Waters of the State.

Waters of the State shall mean all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.

Water Pollution Control Plant.

Water Pollution Control Plant shall mean the City of San Leandro POTW treatment plant.

Abbreviations.

The following abbreviations shall have the designated meaning: