Scotts Valley Municipal Code Art. I Purpose and Definitions

The purpose of this chapter is to:

A. Provide for and regulate the disposal of sanitary sewage into the sanitary sewer system of the city in such a manner and to such extent as is reasonably necessary to maintain and increase the ability of such system to handle and dispose of sanitary sewage;

B. Provide for and regulate the disposal of industrial wastes into the sanitary sewer system of the city in such manner and to such extent as may be reasonably necessary to maintain and increase the ability of such system to handle and dispose of industrial waste without decreasing the ability of the system to handle and dispose of all sanitary sewage;

C. Improve opportunities to recycle and reclaim treated effluent and wastewater sludge;

D. Protect the physical structures of the sewer system and the efficient operation of its component parts;

E. Protect the city and its personnel, and preserve and protect the health, safety and comfort of the public;

F. Protect the health and the biological diversity of the environment;

G. Comply with all applicable laws, rules, regulations and orders of the state of California and of the United States;

H. Provide for the charging and collection of various fees and other charges reasonably necessary for the acquisition, construction, reconstruction, maintenance and operation of the sanitary sewer system of the city.

(Ord. 79.18 § II.A (part), 1993)

A. Words, phrases, or terms not specifically defined in this chapter, and having technical or specialized meaning shall be defined as set forth in the Clean Water Act, as may be amended, or by the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.

B. References to waste constituents and characteristics shall have the meanings ascribed thereto in "Standard Methods for the Examination of Water and Wastewater," or as established by federal or state regulatory agencies.

(Ord. 79.18 § II.A (part), 1993)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Beneficial uses" means uses of the waters of the city or state which may, or do require protection against quality degradation thereof, including, but not necessarily limited to, waters used for domestic, municipal, agricultural, industrial, power generation, recreation, aesthetic enjoyment or navigation purposes, or for the preservation and enhancement of fish, wildlife or other aquatic resources or reserves, and such other uses, both tangible or intangible, as are or may be specified by federal and state law as beneficial uses.

"BOD" means biochemical oxygen demand.

"City" means the city of Scotts Valley, California.

"COD" means chemical oxygen demand.

"Commercial user" means any user discharging industrial waste, as defined in this chapter, for which a waste-water discharge permit is not required.

"Developed parcel" means any parcel of land on which any building or structure is located in which plumbing fixtures are installed through which sewage and/or waste-water is disposed.

"Fee" means a charge established pursuant to this chapter for services and facilities furnished by the city to any premises in connection with operation of the sanitary sewer system.

"Holding tank waste" means any waste from sewage or waste disposal holding tanks such as are associated with vessels, chemical toilets, campers and trailers.

"Industrial user" means any user discharging industrial waste, as defined in this section, for which a waste-water discharge permit is required.

"Industrial waste" means wastewater from any producing, manufacturing or processing operation of whatever nature, including institutional, agricultural and commercial operations where water is used for the removal of waste other than from human habitation of premises connected to the sanitary sewer system and including, without limitation: medical offices; dental offices; hospitals; schools; research, educational and commercial laboratories; warehouses; shopping centers; car washes; print stores; residential, commercial and public uses of pesticides and fertilizers; gas stations; and septage collection and disposal.

"Lateral" means that length of sewer conveying wastewater from the premises of a user to the sanitary sewer system.

"Low-income" means eligible for and participating in the Pacific Gas and Electric Low Income Rate Assistance (LIRA) program.

"Manager" means the wastewater and environmental program manager of the city or his duly appointed deputy, agent or representative.

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of water or groundwater.

"Nuisance" means damage to the community resulting from prohibited practices in the disposal of sewage or industrial wastes.

"Owner" means the person who is the legal owner of the premises as shown on the last equalized assessment roll of the county assessor.

"Person" means any individual, firm, company, partnership, association, private corporation, public corporation, or governmental entity, authority, or agency, and the officers, agents or employees of such organizations.

"Pollutant" means any substance which causes pollution.

"Pollution" means an alteration of the quality of the waters of the city or state which adversely affects such waters for any beneficial use, or affects facilities serving such beneficial use, or which constitutes a hazard to the public health or to the environment.

"Premises" means a parcel of land, or portion thereof, including any improvements thereon, which is connected to the sanitary sewer system. Each separately owned unit of a duplex, apartment or any other multifamily residence shall be deemed a separate premises.

"Pretreatment" means the application of physical, chemical or biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned sanitary sewer system.

"Pretreatment standards" means all applicable federal rules and regulations implementing Section 307 of the Clean Water Act, including but not limited to 40 CFR Chapter I, Parts 405—471, as well as any state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.

"POTW" means public-owned treatment works.

"Reclaimed water" means water which, as a result of treatment, is suitable for direct beneficial use, or a restricted beneficial use, which would not otherwise occur but for such treatment.

"Residential unit" means a single-family residential dwelling or each dwelling unit of a duplex, triplex, fourplex, apartment, condominium, townhouse or any other multifamily residence.

"Restaurant" means any commercial, industrial or institutional establishment which prepares meals for sale that are served on the premises or taken out, including, specifically, fast food restaurants with drive-through facilities, and which is required by the manager to have an exterior grease interceptor. Users meeting this definition, except those that the manager has determined an interior grease trap is adequate, are specifically excluded.

"Sanitary sewage" means water-carried wastes from human habitation and use of premises for residential business, institutional or industrial purposes.

"Sanitary sewer main" means a sewer six inches or larger which carries sanitary sewage and/or industrial wastewater, and which is located within public easements or public streets.

"Sanitary sewer system" means all sewers, treatment plants, and other facilities owned or operated by the city for carrying, collecting, pumping, treating and disposing or reclaiming of sanitary sewage and industrial wastes.

"Sewer" means a pipe or conduit for carrying sewage.

Significant Noncompliance. Pursuant to 40 CFR 403.8(f)(5), "significant noncompliance" is a violation(s) which:

1. Occurs in sixty-six percent or more of the samples taken over a six-month period (any magnitude);

2. Exceeds the technical review criteria (TRC) for the same discharge limit in thirty-three percent or more of the samples taken over a six-month period:

TRC = 1.4 (40% exceedance) for BOD, TSS, oils and grease

TRC = 1.2 (20% exceedance) for all other pollutants;

3. Causes, alone or in combination with other discharges, interference or pass through, including endangering POTW personnel or the public;

4. Endangers human health or the environment; or results in the POTW's exercise of its emergency powers;

5. Causes a delay in meeting a compliance schedule milestone (failure to begin or complete construction, attain final compliance) by ninety days or more;

6. Results in failure to submit any required report within thirty days of the due date; or

7. Results in failure to report noncompliance.

"Significant user" means:

1. Any industrial user (categorical industry) subject to final regulations promulgated and adopted by EPA as referenced in the categorical standards of 40 CFR Chapter I, Subchapter N, Parts 405—471.

2. Any noncategorical industrial user having any one or more of the following characteristics:

a. A discharge flow of ten thousand gallons or more per average workday;

b. An average daily suspended solids concentration or biochemical oxygen demand concentration of three hundred parts per million;

c. A wastewater discharge which makes up five percent or more of the average dry weather hydraulic or organic loading capacity of the sanitary sewer system; or

d. A reasonable potential (as determined by the manager), either individually or in combination with other industrial dischargers, to create an adverse significant impact upon the sanitary sewer system (by upsetting, interfering with the system, or causing pass through of pollutants, sludge contamination or endangerment of city workers).

"Storm drain" means a pipe or conduit which carries storm and surface waters and drainage, but excludes wastewater.

"Total toxic organics (TTO)" means the summation of all quantifiable values greater than 0.01 milligrams per liter for the substances listed in 40 CFR Part 413.02, which is incorporated in this chapter by reference.

"TSS" means total suspended solids.

"Unpolluted water" means water not containing any pollutants limited or prohibited by the effluent standards set forth in Section 13.04.020, or water whose discharge will not cause any violation of receiving water quality standards.

"User" means any person who discharges, causes or permits the discharge of wastewater into the sanitary sewer system.

"User classification" means a classification of users established pursuant to this chapter for the purpose of setting sewer use fees.

"Wastewater" means the liquid and water-carried industrial or domestic wastes, whether treated or untreated, from any and all premises connected to the sanitary sewer system, which is discharged into or permitted to enter the sanitary sewer system.

"Water of the city or state" means any water, whether surface, underground, and whether saline or nonsaline, within the boundaries of the city, or within the boundaries of the city and flowing into, touching or otherwise combined with waters outside the limits of the city but within the boundaries of the state.

(Ord. 79.18 § II.A (part), 1993; Ord. 79.19 § 1, 1993)