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For the purpose of this chapter, the following terms shall have the meaning accorded to them by this section, unless it is apparent from the context that they are used with a different meaning:

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

B. "Alterations" means any change or addition.

C. "Approval authority" means the California Regional Water Quality Control Board, Central Valley Region, or any successor agency.

D. "Authorized representative" of the industrial user means:

1. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;

2. A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;

3. A director or highest official appointed or designated to oversee the operation and performance of the activities, if the industrial user is a federal, state or local government facility; or

4. A duly authorized representative, submitted to the city in writing, of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

E. "B.O.D." or "biochemical oxygen demand" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at twenty degrees Celsius, usually expressed as a concentration (e.g., mg/l).

F. "Bypass" means the intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.

G. "Categorical pretreatment standard" or "categorical standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, parts 405--471, as may be amended.

H. "City" means the city of Wasco or the authorized deputy, agent, or representative of the city of Wasco.

I. "City council" or "council" means the council members for the city of Wasco.

J. "Composite" or "composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

K. "Cooling water" means the water that is discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

L. "Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency.

M. "Existing source" means any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

N. "Grab" or "grab sample" means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes.

O. "House connection sewer" means that part of the horizontal piping beginning twelve inches from the exterior wall of the building and extending to its connection with the sewer main. House connection sewers, including their connection to city sewer mains, shall not be considered as city property or become a part of the city sewer system, and their maintenance and repair shall not be provided by the city but shall be the responsibility of the property owner.

P. "Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.

Q. "Interference" means a discharge which, either alone or in conjunction with a discharge or discharges from other sources, both: inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and is, therefore, a cause of a violation of any requirement of the city’s waste discharge requirements issued by the California Regional Water Quality Control Board, including any increase in the magnitude or duration of a violation, or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (including Title II, more commonly referred to as the Resource Conservation and Recovery Act and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act), the Clean Air Act, the Toxic Substances Control Act and the Marine Protection, Research and Sanctuaries Act, or 40 CFR 503 (sewage sludge regulations).

R. "Industrial cost recovery" means the recovery by the city from the industrial users of a treatment works of the amount of the federal grant which is allocable to the treatment of wastes from such users pursuant to Section 204(b) of the Act and the Federal Grant Regulations issued under the Act (40 CFR 35.905-6).

S. "Lot" means any piece or parcel of land bounded, defined or shown upon a plat or deed recorded in the office of the county recorder, and in accordance with the boundaries of such lot as bounded, defined or shown upon such recorded map, plat, or deed; provided, however, that in the event any building or structure covers more area than "a lot" as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said buildings are wholly or partly located.

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

U. "New source" means:

1. 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 Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

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

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

c. 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, should be considered.

2. 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 (U)(1)(b) or (c) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this definition has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment; or

ii. 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; or

b. 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.

V. "Pass through" means a discharge which exits the POTW 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 city’s waste discharge requirements including any increase in the magnitude or duration of a violation.

W. "Person" means any individual, firm, company, association, society, corporation, or group, partnership, copartnership, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

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

Y. "Pollutants" means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural wastes and certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Z. "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The 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.

AA. "Pretreatment standards" means prohibitions, categorical pretreatment standards, and city limits.

BB. "Prohibitions" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 13.12.200.

CC. "Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212 of the Act (33 U.S.C. Section 1292) that is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant.

DD. "Public sewer" means any sewer, other than a house connection sewer, which has been accepted by the city.

EE. "Repairs" means the reconstruction or renewal of any existing part of a structure, or of its fixtures or appurtenances.

FF. "Sewage" means human excrement and gray water (household showers, dishwashing operation, etc.).

GG. "Significant industrial user" means:

1. A user subject to categorical pretreatment standards; or

2. A user that:

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

b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

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;

3. Upon a finding that a user meeting the criteria in subsection (GG)(2) of this section 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 a 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.

HH. "Slug" means any discharge at a flow rate or concentration that could cause a violation of the prohibitions in Section 13.12.200.

II. "Storm water" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

JJ. "Uncontaminated water" means any wasted water of the community not contaminated or polluted with wastewater and which is suitable or could readily be made suitable for discharge to the municipal storm water drainage system or to a watercourse.

KK. "User" or "industrial user" means a source of indirect discharge.

LL. "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.

MM. "Wastewater revenue program" means a formally documented determination of charges which is designed to provide revenues for operation and maintenance (including replacement), industrial cost recovery, and local debt service for treatment works, and which demonstrates compliance with federal grant regulations on user charges and industrial cost recovery.

NN. "Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 626 §1, 2012; Ord. 576, 2008; Ord. 199 §1, 1975. Formerly 13.12.010).