Windsor Municipal Code Art. 5 Definitions

As used in this chapter:

Act shall mean Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq., or as amended.

Applicant shall mean the person or his/her authorized agent making application for a permit for a sewer or plumbing installation and shall be the owner of premises to be served by the sewer for which a permit is requested.

Batch discharges shall mean intentional, controllable discharges that occur periodically within an industrial user's process (typically the result of a noncontinuous process).

Board shall mean the Board of Directors of the Windsor Water District.

BOD or biochemical oxygen demand shall mean the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five (5) days at twenty (20) degrees Centigrade and as determined by the appropriate procedure in 40 CFR Part 136, or as amended."

Bypass shall mean the intentional diversion of wastestreams from any portion of a user's treatment facility.

Building shall mean any structure used for human habitation, business or commercial activity, industry, recreation, public use or other purpose containing sanitary facilities.

Chlorine demand shall mean the difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a thirty (30) minute period as determined by the procedures given in 40 CFR Part 136, or as amended.

COD or chemical oxygen demand shall mean the measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in 40 CFR Part 136, or as amended.

Contractor shall mean an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under this permit.

Discharger is synonymous with User.

District shall mean the Windsor Water District.

District Engineer shall mean the Windsor Town Engineer.

Domestic wastewater shall mean the water carried wastes produced from nonindustrial activities and which result from normal human living processes.

Dwelling unit shall mean any single-family dwelling of one (1) or more rooms having one (1) or more plumbing fixtures suitable for residential occupancy by any number of persons living together as a single family, including single-family dwelling units and each group of rooms constituting a dwelling unit for a single-family in any multiple dwelling structure.

Effluent shall mean the liquid outflow of any facility designed to treat, convey or retain wastewater.

Existing source shall mean any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards under Section 307 (b) and (c) of the Act or as amended which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act or as amended.

Family shall mean any one (1) or more persons comprising a single-family unit.

Formula shall mean the Industrial Wastewater Treatment Surcharge Formula.

Garbage shall mean or include kitchen and table refuse, offal, swill and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in the storage of meats, fish, birds, fruits or vegetables and all broken or discarded crockery, bottles and tin vessels. Dead animals, swill, offal and other solvable waste matter having a value shall not be included within the meaning of the word garbage.

General Manager shall mean the General Manager of Windsor Water District or his/her duly authorized deputy or agent.

Gravity separation interceptor shall mean any facility designed, constructed and operated for the purpose of removing and retaining dangerous, deleterious or prohibited constituents from wastewater by differential gravity separation before discharge to the public sewer.

Grease removal devices shall mean a grease interceptor designed to intercept, trap, or otherwise prevent grease, sand, flammable liquids, or other substances potentially harmful to the POTW from entering.

Industrial connection sewer shall mean the sewer connecting the building sewer or building waste drainage system to the public sewer for the purpose of conveying industrial wastewater.

Industrial owner shall mean any owner on whose premises any manufacturing or processing activity for profit is engaged in, including the manufacturing or processing of agricultural products, animals, poultry, goods, wares or other products or materials.

Industrial user shall mean all nonresidential users and Significant Industrial Users.

Industrial wastewater shall mean all water carried wastes and wastewater of the community excluding domestic wastewater and uncontaminated water, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

Inspector shall mean a person authorized by the District to inspect wastewater generation, conveyance, processing and disposal facilities.

Interference shall mean a discharge, which, alone or in conjunction with a discharge or discharges from other sources, both:

a. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and

b. Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sludge use or disposal in compliance with statutory provisions, regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Act or as amended; the Solid Waste Disposal Act (SWDA) or as amended, including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) or as amended, and including regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA or as amended; the Clean Air Act or as amended; the Toxic Substances Control Act or as amended, and the Marine Protection, Research and Sanctuaries Act or as amended.

Lateral sewer shall mean the sewer from the main sewer to the property line.

Local limits shall mean the technically and/or literature-based limits of pollutants, expressed as either concentration or as mass, set by the District. Local limits do not relieve a user from being required to meet National Categorical Pretreatment Standards or any other Federal, State, or local pretreatment standards or requirements.

Main sewer shall mean a public sewer designed to accommodate more than one (1) lateral sewer.

Multiple lodging structure shall mean any two (2) or more lodging units in any single building or structure or group of buildings or structures, including any rooming house, hotel or motel, bed and breakfast.

National Pollutant Discharge Elimination System (NPDES) shall mean the system established pursuant to Section 402 of the Clean Water Act.

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

New source shall mean:

a. any building, structure, facility, improvement 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 307(c), or as amended, of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

1. The building, structure, facility, improvement or installation is constructed at a site or on a lot at which no other source is located; or

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

3. The production or wastewater generating processes of the building, structure, facility, improvement or installation are substantially independent of an existing source at the same site or lot. The General Manager shall determine whether the production or wastewater generating processes are substantially independent, taking into account these factors 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.

b. Construction on a site at which an existing source is located resulting in a modification of said source if the construction does not create a new building, structure, facility, improvement or installation but otherwise alters, replaces, or adds to existing process or production equipment.

c. Construction of a new source as defined under this section has commenced if the applicant, user or customer has:

1. Begun, or caused to begin as part of a continuous onsite construction program:

(a) Any placement, assembly, or installation of facilities, improvement or equipment; or

(b) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, improvements or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

2. 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.

Nonresidential user shall mean users whose premises are primarily for nonresidential activity but excluding premises of Significant Industrial Users. Incidental residential use is not precluded.

Ordinance shall mean, unless otherwise specified, the Sewer Use Ordinance.

Outside sewer shall mean a sanitary sewer beyond the District boundary and not subject to the control or jurisdiction of the District.

Pass-through shall mean 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, is a cause of a violation of any requirement of the POTW's NPDES permit or waste discharge requirements, including an increase in the magnitude or duration of a violation.

Peak flow rate shall mean the average rate at which wastewater is discharged to a public sewer during the highest thirty (30) minute flow period in the preceding twelve (12) months.

Permit shall mean any written authorization required pursuant to this or any other regulation of the District for the installation of any Public Owned Treatment Works.

Person shall mean any individual, partnership, committee, association, corporation, public agency and any other organization or group of persons, public or private.

Plant shall mean the Wastewater Treatment Plant of the District.

Public Owned Treatment Works (POTW) shall mean a treatment works as defined by Section 212, or as amended, of the Act, which is owned and/or operated by a State or municipality. This includes any devices and systems used in the collection, storage, treatment, recycling, and reclamation of the municipal wastewater or industrial wastewater of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant.

Premises shall mean any lot, or any piece or parcel of land comprising two (2) or more lots or record in one (1) ownership, or any building or other structure or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation or any commercial or industrial activity.

Pretreatment shall mean 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 a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes or by other means, except as prohibited by 40 CFR Part 403.6 (d), or as amended.

Pretreatment requirements shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial wastewater user.

Public improvements standards shall mean the minimum standards for public works construction in the District.

Public sewer shall mean a sewer lying below a street and which is under the jurisdiction of the District or other public agencies.

Radioactive material shall mean material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.

Residential user shall mean users whose premises are primarily for residential purposes and have no significant producing or processing activity of a commercial, industrial or institutional nature.

Sanitary sewer shall mean a sewer which carries wastewater and to which storm, surface and groundwaters are not intentionally admitted.

Section shall mean a section of this ordinance.

Sewer shall mean a pipe or conduit for carrying wastewater.

Sewer service shall mean the service and facilities for collection, treatment and disposal of wastewater furnished or available to premises by the POTW.

Sewer system is synonymous with Publicly Owned Treatment Works (POTW).

Shall is mandatory and may is permissive.

Significant industrial user shall mean:

a. A user subject to categorical pretreatment standards under 40 CFR Part 403.6 or as amended and in any industry as defined in 40 CFR Parts 405-471 or as amended; or

b. A user that:

1. Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

2. Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or

3. Is designated as such by the General Manager on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR Part 403.8(f)(6)) or as amended.

Significant noncompliance shall mean a Significant Industrial User (or any Industrial User which violates paragraphs (c), (d), or (h) of this section) whose violations meet one (1) or more of the following criteria:

a. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

b. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC criteria (TRC=1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

c. Any other discharge violation that the General Manager believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

d. Any discharge of pollutants that have caused imminent endangerment to the public or to the environment, or have resulted in the General Manager's exercise of its emergency authority to halt or prevent such a discharge;

e. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a Industrial Wastewater Discharge Permit or enforcement order for starting construction, completing construction, or attaining final compliance;

f. Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules;

g. Failure to accurately report noncompliance; or

h. Any other violation(s) or group of violations, including a violation of Best Management Practices, which the General Manager determines will adversely affect the operation or implementation of the local pretreatment program.

Single-family dwelling shall mean one (1) dwelling unit in a single structure.

Slug discharge shall mean a discharge capable of causing adverse impacts to the District, its workers, or the environment, or any pollutant including an oxygen-demanding pollutant released in a discharge at a flow rate and/or pollutant concentration which may cause interference with the operation of the District POTW. A slug discharge is considered to be a discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. Accidental spills are unintentional, largely uncontrolled discharges that may result from leaks or spills of storage containers or manufacturing processes in an area with access to floor drains.

Solid wastes shall mean the nonliquid carried wastes normally considered to be suitable for disposal with refuse at sanitary landfill refuse disposal site.

Standard methods shall mean the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association.

Storm drain shall mean a conduit which carries storm and surface or groundwaters and drainage, but excludes wastewater and polluted industrial wastes.

Street shall mean any public highway, road, street, avenue, alley, way, easement or right-of-way in the District.

Total Dissolved Solids (TDS) shall mean the solid matter in solution in the wastewater and shall be obtained by evaporation of a sample from which all suspended matter or "nonfilterable residue" has been removed by filtration as determined by the procedures in 40 CFR Part 136, or as amended.

Total residue shall mean the material left in a vessel after evaporation of a sample of water, as determined by the appropriate procedure described in 40 CFR Part 136, or amended.

Total Suspended Solids (TSS) shall mean that portion of the "total residue," of any wastewater sample, that is retained by a filter when a sample is passed through a filter, as determined by the appropriate procedure described in 40 CFR 136, or as amended.

Trade secrets shall include, but shall not be limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service having a commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

Trunk sewer shall mean a sewer constructed, maintained and operated by the District that conveys wastewater to the District's treatment facilities and into which lateral and collecting sewers discharge.

Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

Uncontaminated water shall mean any wasted water not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the District stormwater drainage system.

User shall mean any person who is owner of record, lessee, sublessee, mortgagee in possession, or responsible for property having a connection to a District sewer or for processes which contribute wastewater to a District sewer.

Wastewater shall mean the water carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage or uncontaminated water is not wastewater.

(Ord. No. 2010-263, Exh. A, 7-7-2010)