CHAPTER 36. INDUSTRIAL WASTE, WASTEWATER COLLECTION AND DISCHARGE.

Sec. 36-2. Definitions.

For the purpose of this chapter, the meaning of the terms used shall be as follows:

(1) "Biochemical oxygen demand" means the rate of oxygen uptake required by bacteria to degrade and stabilize decomposable organic materials in a standard volume of water during a five-day period at twenty degrees Celsius expressed in milligrams per liter.

(2) "Building sewer" means a sewer conveying wastewater from the premises of a user to a community sewer.

(3) "City" means the city of Salinas.

(4) "Community sewer" means the wastewater collection systems owned and operated by the city.

(5) "Council" or "city council" means the city council of the city of Salinas.

(6) "Contamination" means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.

(7) "Conventional pollutant" means biochemical oxygen demand, suspended solids, pH, fecal coliform and additional pollutants identified in the city's national pollutant discharge elimination system (NPDES) permit.

(8) "Director" means the director of public works of the city of Salinas or authorized deputy, agent or representative.

(9) "Environmental Protection Agency" or "EPA" means the U.S. Environmental Protection Agency or where duly appropriate the term may also be used as a designation for the Administrator or other duly authorized official of said agency.

(10) "Federal Act" means the Federal Water Pollution Control Act, PL. 92-500, and any amendments hereto; as well as guidelines, limitations, and standards promulgated by the Environmental Protection Agency pursuant to such act.

(11) "Industrial user" or "IU" means a source of industrial discharge.

(12) "Industrial waste" means the water-carried putrescible waste from industrial manufacturing or industrial processing as distinct from sanitary sewage. It shall include the trade waste produced from food processing. It does not include sanitary sewage that may be discharged from residences, hotels, restaurants or business establishments engaged solely in the sale, storage or repair of goods, wares or merchandise. It does not include water quality acceptable for discharge to the storm drainage system.

(13) "Industrial waste sewer" means the sewer receiving industrial waste only.

(14) "Industrial waste treatment facility" or "IWF" means the treatment facility owned and operated by the city of Salinas for the treatment of industrial wastewater only.

(15) "Interference" means a discharge by an industrial user which alone or in conjunction with discharges by other sources, inhibits or disrupts the publicly owned treatment works, its treatment processes or operations or its sludge processes, use and disposal and which is a cause of a violation of any requirement of the industrial waste treatment facility's national pollutant discharge elimination system permit, including an increase in the magnitude or duration of a violation, or which prevents sewage sludge use and disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder. Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title 11, more commonly referred to as Resource Conservation and Recovery Act (RCRA)), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA, Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

(16) "Mass emission rate" means the weight of material discharged to the sewer system during a given period of time. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituent.

(17) "National categorical pretreatment standards" means the regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Federal Act (33 U.S.C. 1317) which applies to industrial users. This term includes prohibited discharge limits established pursuant to section 403.5 of the Federal Act.

(18) "New source" means 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 Federal Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.

(19) "Pass through"" means the discharge of pollutants through the IWF into navigable waters in quantities or concentration which alone or in conjunction with discharges from other sources, 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.

(20) "Person" means any individual, firm, company, partnership, association and the responsible corporate officer of any private, public and municipal corporation, the United States of America, and state of California, districts and all political subdivisions, governmental agencies and mandatories thereof.

(21) "Pollution" means a deterioration of the quality of the waters of the state by wastes to a degree which unreasonably affects such waters for beneficial use or affects the facilities which serve such beneficial uses. Pollution may include contamination.

(22) "POTW" means publicly owned treatment works.

(23) "Premises" means a parcel of real estate or portion thereof including any improvements thereon which is determined by the city to be a single industrial user for purpose of receiving, using, paying for service and also inspecting, sampling and other related services.

(24) "Pretreatment" means the reduction, elimination or alteration of the amount and nature of pollutant properties in the wastewater to a less harmful state prior to or in lieu of discharging or introducing such pollutants into a POTW. The reduction or alteration can be by physical, or process changes, except as prohibited by 40 Code of Federal Regulations (CFR) section 403.6(d).

(25) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

(26) "Sanitary sewage" means water-carried putrescible waste from residences and business establishment which is discharged into the sanitary sewer line and treated by the Monterey Regional Water Pollution Control Agency.

(27) "Significant industrial user" or "SIU" means any categorical industrial user, any noncategorical industrial user with a flow of more than twenty-five thousand gallons per day and any industrial user with a reasonable potential to adversely affect the IWF's operation as determined by director, any industrial user which contributes five percent or more of the average dry weather hydraulic or organic capacity of the treatment facility.

(28) "Special sewer" means any sewer or storm drain constructed under the authority of the city of Salinas, the cost of which was not directly assessed to or borne by the abutting property and which has been or may hereafter be designated as special sewer by resolution of the council.

(29) "Special sewer fee" means the fee established by resolution of the council to be paid by any person upon issuance of a permit to connect to a special sewer.

(30) "Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.

(31) "Storm drain" means a sewer which carries storm and surface waters and drainage, but which excludes sewage and industrial wastes other than runoff water.

(32) "Suspended solids" means solids that either float on the surface of or are in suspension in water.

(33) "Toxic pollutant" means any pollutant or combinations of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of the Clean Water Act, as amended by the Clean Water Act of 1977 (PL 95-217).

(34) "Treatment facility" means any devices and systems used in the storage, treatment, recycling and reclamation of the industrial wastewater including the collection system, pumping, power, and other equipment and appurtenances, extensions, improvements, remodeling, additions and alterations.

(35) "Waste" means and includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature prior to disposal.

(36) "Wastewater" means waste with water, whether treated or untreated, discharged into or permitted to enter a community sewer.

(37) "Wastewater constituents and characteristics" means 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.

(38) "Waters of the state" means any water, surface or underground, including saline waters, within the boundaries of the state of California. (Ord. No. 2102 (NCS).)