City of American Canyon Law Library
City of American Canyon Municipal Code.

14.08.010 Definitions.

The following terms, as used in this chapter, shall have the meaning designated in this section unless the context specifically indicates otherwise:

"Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended. (33 U.S.C. 1251 et seq., ref. 40 CFR 403.3(b).)

"Administrator" means the administrator of the United States Environmental Protection Agency.

"Applicable pretreatment standard" means the federal, state or local discharge limit, whichever is most stringent.

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

"Approval authority" means the state of California. (Ref. 40 CFR 403.3(c).)

"Approved laboratory procedure" means any method contained in 40 CFR Part 136 and amendments thereto or otherwise approved by EPA for the determination of flow measurement or pollution concentration of discharges to the public sanitary sewer system.

"Baseline monitoring report (BMR)" means a report submitted by categorical industrial users within one hundred eighty days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the categorical standard. (Ref. 40 CFR 403.12(b).)

"Bed and breakfast facility" means an existing single-family dwelling that has been converted to rental rooms with common restroom facilities, which rentals are usually fifty percent of that of a motel or hotel.

"Beneficial uses" means uses of the waters of the state that may be protected against quality degradation including 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 and intangible as specified by federal or state law.

"Best professional judgment (BPJ)" means the highest quality technical opinion of a permit writer, after consideration of all reasonably available and pertinent data or information, forming the basis for the terms and conditions of a permit.

"Bioassay or aquatic toxicity test" means a procedure in which the responses of aquatic organisms are used to detect or measure the presence or effect of one or more substances, wastes, or environmental factors, alone or in combination.

"Biochemical oxygen demand (B.O.D.)" means the results obtained using an approved laboratory procedure to measure the quantity of oxygen utilized in the biochemical oxidation of organic matter or in satisfying the oxygen demand of other materials present.

"Building lateral" means that portion of a side sewer beginning at the plumbing or drainage outlet of any building or industrial facility and running to the property line or to a private sewage disposal system.

"Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. (Ref. 40 CFR 403.17.)

"Categorical industrial user" means an industrial user subject to categorical pretreatment standards.

"Categorical pretreatment standards" means limitations to pollutant discharges to POTWs promulgated by EPA in accordance with Section 307 of the Clean Water Act, that apply to specified process wastewaters of particular industrial categories. (Ref. 40 CFR 403.6 and Parts 405-471.)

"Chain of custody" means a written record of sample possession for all persons who handle (collect, transport, analyze, dispose of) a sample, including names, dates, times and procedures followed.

"Church" means a structure which is used as a place of worship for a congregation; but if the structure contains living quarters, these shall be regarded as a separate unit chargeable at a single-family dwelling rate.

"City" means city of American Canyon, California.

"City manager" means the person or persons appointed by the council to administer and enforce the rules and regulations of city.

"City rules and regulations" means the rules and regulations for sewer use adopted by the council and as amended from time.

"Clean Water Act (CWA)" (otherwise known as the Federal Water Pollution Control Act) enacted by Public Law 92-500, October 18, 1972, 33 USC 1251 et seq.; as amended by PL 95-217, December 28, 1997; PL 97-117, December 29, 1981; PL 97-440, January 8, 1983; and PL 100-04, February 4, 1987, and future amendments.

"Code of Federal Regulations (CFR)" means a codification of the general and permanent roles published in the Federal Register by the executive departments and agencies of the federal government.

"Combined sewer" means a sewer designated to receive both surface run-off and sewage.

"Combined wastestream formula (CWF)" means the procedure for calculating alternative discharge limits at industrial facilities where a regulated wastestream from a categorical industrial user is combined with other wastestreams prior to treatment. (Ref. 40 CFR 403.6(e).)

"Commercial unit" means a single business in a structure or structures on a parcel. A structure may contain several commercial units because each separate business shall be counted as a commercial unit.

"Compatible pollutant" means biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in Napa Sanitation District's National Pollutant Discharge Elimination System (NPDES) permit if the city's treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degree.

"Concentration limit" means a limit based on the mass of pollutant per unit volume, usually expressed in milligrams per liter.

"Confidential information" means information and data on a discharger including products used, industrial processes or methods of projections, etc., which the discharger can demonstrate, to the satisfaction of the city manager or his designee, constitute trade secrets. Effluent constituents and characteristics shall not be considered confidential information.

"Contamination" means an impairment of the quality of the water of the state by waste to a degree which creates hazard to the public health through poisoning or through the spread of disease. "Contamination" means any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.

"Contractor" means an individual, firm, corporation, partnership or association duly licensed by the state to perform the type of work to be done under the permit.

"Contributing industry" means any wastewater contributor identified in the 1987 Standard Industrial Classification (SIC) Manual and subsequent revisions in any of its divisions.

"Control authority" means a POTW with an approved pretreatment program or the approval authority in the absence of POTW pretreatment program. (Ref. 40 UFX 403.12(a).)

"Conventional pollutants" means as defined by federal law, include BOD, TSS, fecal coliform bacteria, oil and grease, and pH. (Ref. 40 CFR, 401.16.)

"Council" means the city council of the city.

"County" means the county of Napa, California.

"Cyanide" means a substance when combined with some element or radical results in an extremely poisonous compound with an odor of bitter almonds, i.e., sodium cyanide, potassium cyanide, hydrogen cyanide.

"Daily maximum limit" means the maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the

total mass discharged over the course of the day. Where daily maximum limitations are expressed in terms of concentration, the daily discharge is the arithmetical average measurement of the pollutant concentration derived from all measurements taken that day.

"Development document" means detailed report of studies conducted by the U.S. EPA for the purpose of developing categorical pretreatment standards.

"Dilution" means the increase in use of water or any other attempt to dilute a discharge or a partial or complete substitute for adequate treatment to achieve compliance with a categorical pretreatment standard.

"Director" means the chief administrative officer of a state or interstate water pollution control agency with any NPDES permit program and state pretreatment program approved pursuant to Section 402(b) of the Clean Water Act and an approved state pretreatment program. (Ref. 40 CFR 403.3(e).)

"Domestic sanitary sewage" means water-carried wastes from residences, hotels, motels, restaurants and business establishments, but excluding all groundwater, surface water, storm water and industrial wastes.

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

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

"Federal categorical pretreatment standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317). (Ref. 40 CFR 403.3(j).)

"Flashpoint" means the minimum temperature of a liquid at which the liquid gives off a vapor in sufficient concentrations to ignite when tested under specific conditions.

"Flow proportional composite sample" means a sampling method which combines discrete aliquots of a sample collected over time, based on the flow of wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow (i.e., two hundred milliliters (ml) sample collected for every five thousand gallons discharged). The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.

"Flow weighted averaging formula (FWA)" means a procedure used to calculate alternative limits where wastestreams regulated by a categorical pretreatment standard and nonregulated wastestreams combine after treatment but prior to the monitoring point.

"Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

"Government buildings" means buildings for governmental agencies, such as federal, state, county, city and special districts.

"Grab sample" means a sample which is taken from a wastestream on a one-time basis with no regard to the flow of the wastestream and without consideration of time.

"Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump trucks.

"Hotel or motel unit" means sleeping quarters where no cooking facilities are available, including combinations with office or offices, restaurants, bar or bars, shop or shops. If the hotel or motel contains units with cooking facilities available, each such unit shall be charged the fee applicable to a multiple-family dwelling unit.

"Incompatible pollutant" means any pollutant which is not a "compatible pollutant" as defined in this section.

"Indirect discharge or discharge" means the introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (e), or (d) of the Act. (Ref. 40 CFR 403.3(g).)

"Industrial discharger" means a source of discharge to the public sanitary sewer system from any nondomestic source as regulated under Section 307(b), (c), or (d) of the Clean Water Act.

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

"Industrial user management practices" means schedules of activities, prohibitions or practices, maintenance procedures, and other management practices designed to prevent or reduce pollution discharges. These practices may address treatment requirements, operating procedures, and practices to control spills or leaks, sludge or waste disposal, or drainage from raw material storage.

"Industrial wastes" means the waste of producing, manufacturing and processing operations of every kind and nature. It does not include domestic sanitary sewage, such as might be discharged from residences, hotels, motels, restaurants or business establishments.

"Installation permit" means any written authorization required pursuant to this or any other regulation of city for the installation of any sewerage works.

"Instantaneous maximum limit" means the maximum allowable concentration of a pollutant determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

"Interference" means any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW. Interference means a discharge which, 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 therefore causes a violation of the POTW's NPDES permit or prevents sewage sludge use or disposal in compliance with specified federal statutes, regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the S WDA, the Clean Air Act, the Toxic Substance Control Act and the Marine Protection, Research and Sanctuaries Act.

"Lateral sewer" means the portion of a side sewer beginning at the sewer clean-out within a public right-of-way or easement or if no sewer clean-out, the property line, and terminating at the main sewer.

"Lethal toxicity or lethal concentration (LC)" means toxicant concentration producing death of test organism.

"Local limits" means technically based, defensible numerical limits imposed on discharges to the POTW. These limits are developed to comply with the general pretreatment regulations.

"Lower explosion limit (L.E.L.)" means the point where the concentration of gas-in-air is sufficiently large enough to result in an explosion if an ignition source is present.

"Main sewer" means a public sewer designed to accommodate more than one lateral sewer.

"Manifest" means a manuscript identifying and tracking all hauled wastes. This includes, but is not limited to, industrial user identification, type and volume of waste, destination, required signatures.

"Mass emission rate" means the weight of material discharged to the public sewer during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

"Material safety data sheet (MSDS)" means an information document regarding chemical products and their hazardous name.

"Monitoring facility" means a safely accessible facility located at the discharger's connection to the public sanitary sewer system or at the end of an industrial process or pretreatment system, which allows for the inspection, sampling and flow measurement of a discharge.

"Monthly average limit" means the maximum allowable value for the average of all observations obtained during one calendar month.

"Multiple-family dwelling" means any structure constructed for occupancy of more than one family, each separate living quarters to be referred to as a unit.

"National pretreatment standard or pretreatment standard" means any regulation continuing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5, including local limits. (Ref. 40 CFR 403.3(j).)

"National prohibited discharges" means prohibitions applicable to all nondomestic dischargers regarding the introduction of pollutants into POTWs set forth in 40 CFR 403.5.

"Net/gross calculations" means an adjustment to categorical pretreatment standards to reflect the presence of pollutants in the industrial user's intake water. (Ref. 40 CJ 1( 403.15.)

"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 the 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 the site at which no other source is located;

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 of 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 (1)(b), or subsection (1)(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 paragraph 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;

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

iii. Entered into a binding contractual obligation for the purchase of facilities or equipment which are 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 paragraph. (Ref. 40 CFR 403.3(k).)

"Ninety-day compliance report" means a report submitted by a categorical industrial user, within ninety days following the date for final compliance with applicable categorical standards, or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, that documents and certifies the compliance status of the user. (Ref. 40 CFR 403.12(d).)

"Noncontact cooling water" means the water discharged from any system of heat transfer, condensation, air conditioning, refrigeration, or other sources to which no pollutant is added other than heat.

"Nonconventional pollutants" means all pollutants which are not included in the list of conventional or toxic pollutants in 40 CFR Part 401.

"Nondomestic waste" means the same as "industrial waste."

"Nondomestic wastewater discharger or nondomestic discharger" means any source of discharge of nondomestic waste to the public sanitary sewer system.

"NPDES" means National Pollutant Discharge Elimination System permit issued by a Regional Water Control Board of the state of California.

"NPDES state" means a state (as defined in 40 CFR 1222) or interstate water pollution control agency, with a NPDES permit program approved pursuant to Section 402(b) of the Act. (Ref. 40 CFR 403.3(m).)

"Oil and grease (mineral based)" means any material recovered from an acidified sample as a substance soluble in a designated solvent.

"Oil and grease (vegetable and animal based)" means any material recovered from an acidified sample as a substance soluble in a designated solvent. This includes fats, oil and grease of all origins.

"Outside sewer" means a sanitary sewer beyond the limits of the city's sewer service area not subject to the control or jurisdiction of the city.

"Pass through" means 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 a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). (Ref. 40 CFR 403.3(n).)

"Periodic compliance report" means a report on compliance status submitted by categorical industrial users to the control authority at least semiannually. (Ref. 40 CFR 403.12(e).)

"Person" means any human being, individual, firm, company, partnership, association and private or public and municipal corporations, the United States of America, the state of California, districts and all political subdivisions, governmental agencies and mandatories thereof. The masculine gender shall include the feminine, the singular shall include the plural where indicated by context.

"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Values above 7.0 represent alkaline conditions and those below 7.0 represent acid conditions.

"Phenols" means hydroxy derivatives of benzene and its condensed nuclei.

"Pollution" means 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 affects the facilities which serve such beneficial uses. Pollution may include contamination.

"Polynuclear aromatic hydrocarbons (PAHs)" means certain cyclic compounds having many nuclei, containing only hydrogen and carbon and a distinguishable odor. Often these are by-products of petroleum processing or combustion.

"POTW pretreatment program" or "approved POTW pretreatment program" means a program administered by a POTW that meets the criteria established in 40 CFR 403.8 and 403.9 and which has been approved by a Regional Administrator or State Director in accordance with 40 CFR 403.11 (Ref. 40 CeR 403.3(d).)

"POTW treatment plant" means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste. (Ref. 40 CFR 403.3(p).)

"Premises" means any lot, parcel of land, building or establishment, either residential, commercial or industrial, both public and private, including schools, churches and institutes without limitation.

"Pretreatment" means the application of physical, chemical and/or biological processes to reduce the amount of pollutants, eliminate pollutants, or alter the nature of the pollutant properties in wastewater prior to discharging such wastewater to the public sanitary sewer system. (Ref. 40 CFR 403.3(q).)

"Pretreatment standards and requirements" means all applicable federal rules and regulations found in 40 CFR subchapter N; as well as any nonconflicting or more stringent state or local standards and any substantive procedural requirement related to pretreatment imposed on an industrial user. (Ref. 40 CFR 403.3(r).)

"Pretreatment standards for existing sources (PSES)" means categorical standards and requirements applicable to industrial sources that began construction prior to the publication of the proposed pretreatment standards for that industrial category. (See individual categorical standards in 40 CeR Parts 405-471 for specific dates.)

"Priority pollutant" means the EPA list of one hundred twenty-six substances which are an environmental hazard and may be present in water. Because of the known or suspected hazards of these pollutants, industrial users of the substances are subject to regulation.

"Private sewer" means a sewer which is owned, operated and maintained by private persons or businesses, and which accommodates one or more buildings or industries.

"Process wastewater" means any water which, during manufacturing or processing, comes into direct contact with, or results from the production of, or use of any raw material, intermediate product, finished product, by-product or waste product.

"Production-based standard" means a discharge limitation expressed in terms of allowable pollutant mass discharge per unit of production.

"Properly shredded garbage" means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than one-quarter inch in any dimension.

"Public nuisance" means continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this or any other ordinance, rule or regulation of the city.

"Public sewer" means a sewer which is owned, operated and maintained by a public agency.

"Publicly owned treatment works (POTW)" means treatment works as defined by Section 212 of the Clean Water Act which is owned by the state of California, municipal corporations and other governmental agencies. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. (Ref. 40 CFR 403.3(o).)

"Receiving waters" means a natural water course or body of water into which treated sanitary sewage is discharged.

"Reclaimed water" means water which, as a result of treatment of waste, is suitable for direct beneficial use or a controlled use that would not otherwise occur.

"Regional administrator" means the appropriate EPA regional administrator.

"Regulated wastestream" means an industrial process wastestream regulated by a national categorical pretreatment standard.

"Removal credit" means a revised pollutant limit given for a specified categorical industry as a result of a POTW's capability to consistently remove a specific pollutant. Removal credits are not granted by the city.

"Residential care facility" means any family home, group care facility, or similar facility which is occupied by seven or more persons not related by blood, which provides twenty-four-hour nonmedical care of persons in need of personal services to sustain the activities of daily living, which facility has received licensing from the state of California.

"Resource conservation and recovery act (RCRA)" means a federal statute regulating the management of hazardous waste from its generation through ultimate disposal. The Act contains requirements for waste generators, transporters, and owners and operators of treatment, storage and disposal facilities. (41 USC 6901 et seq.)

"Roominghouse" means any structure which provides rental rooms for six or less persons which has not received licensing from the state of California.

"Sanitary sewer" means a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.

"Self-monitoring" means sampling and analysis performed by the industrial user to ensure compliance with the permit or other regulatory requirements. (Ref. 40 CFR 403.12(b)(g).)

"Service unit" means a service unit is defined as flow of two hundred ten gallons per day, BOD of one hundred seventy-five mg/l, and SS of two hundred mg/l.

"Sewage" means a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments.

"Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.

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

"Sewage works" means all facilities in which the city has an ownership interest of which the city controls except private sewers, for collecting, pumping, treating and disposing of sewage.

"Shall" is mandatory. "May" is permissive.

"Shell structure" means any single structure constructed wherein the actual number of rental units will depend on future use.

"Side sewer" means the sewer line beginning at the foundation wall of any building and terminating at the main sewer and includes the building lateral and street lateral together.

"Significant industrial user (SIU)" means all industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and any noncategorical industrial user that discharges an average of twenty-five thousand gallons per day or more of process wastewater to the POTW; or contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (Ref. 40 CFR 403.3(t).)

"Significant noncompliance" means:

1. Chronic violations (exceeding the daily maximum limit or the average limit sixty-six percent of the time during a six-month period) of the same pollutant parameter;

2. Technical review criteria (TRC) violations (thirty-three percent or more of the measurements for each pollutant parameter taken during a six-month period equal or exceeding the product of the applicable limit and the TRC value [1.4 times the limit for a conventional pollutant or 1.2 times the limit for a toxic pollutant]);

3. A violation of pass through or interference;

4. A discharge of imminent endangerment to human health, welfare, or the environment, or which required the POTW to use its emergency authorities under 40 CFR 403.8(f)(1)(vi)(b);

5. Violations of a compliance schedule milestone by ninety days;

6. Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance;

8. Any other violation deemed significant by the control authority. (Ref. 40 CFR 403.8(f)(2)(vii).)

"Single-family unit" means any structure constructed for occupancy of one single-family. This classification includes trailers and mobile home units with plumbing hook-up.

"Slug discharge" means any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. Also known as slug loading, shock loads, or batch dumps of comparable or noncomparable pollutants from industries, whether accidental or on purpose.

"Slug load" means any pollutant (including biochemical oxygen demand) released in a discharge of a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403.5(b) to 403.12(f).

"Solvent management plan" means a strategy for keeping track of all solvents delivered to a site, their storage, use and disposal. This includes keeping spent solvents segregated from other process wastewater to maximize the value of the recoverable solvents, to avoid contamination of other segregated wastes, and to prevent the discharge of toxic organics to any wastewater collection system or the environment.

"Spill prevention and control plan" means a plan prepared by an industrial user to minimize the likelihood of a spill and to expedite control and cleanup activities should a spill occur.

"Split sample" means portion of a collected sample given to the industry or to another agency to verify or compare laboratory results.

"Standard industrial classification (SIC) code" means a classification scheme based on the type of manufacturing or commercial activity at a facility; some facilities have several activities which will cause them to have more than one code number.

"Standard industrial classification manual" means prepared by the Executive Office of the President, Office of Management and Budget 1987 (WITS Order No. PB 87-10001Z).

"Standard specifications" means a set of documents containing design and construction standards for all sewerage works within the city's jurisdiction.

"Storm sewer or storm drain" means a sewer which carries storm and surface or groundwaters and drainage, but excludes sewage and polluted industrial wastes.

"Stormwater" means the water running off or draining from the surface and subsurface of an area during and after a period of rain or irrigation.

"Street" means any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

"Submission" means a request by a POTW for approval of a pretreatment program to the EPA or a director; a request by a POTW to the EPA or a director for authority to revise the discharge limits in categorical pretreatment standards to reflect POTW pollutant removals; or a request to the EPA by an NPDES state for approval of its state pretreatment program. (Ref. 40 CFR 403.3(u).)

"TICH" means total identifiable chlorinated hydrocarbons.

"Time proportional composite sample" means a sampling method which combines discrete sample aliquots of constant volume collected at constant time intervals (i.e., two hundred milliliter (ml) samples collected every half hour for a twenty-four-hour period). This method provides representative samples only where the sample stream flow is constant, or where the volume is manually adjusted based on the stream flow variation prior to being added to the composite sample container.

"Total suspended solids (TSS)" or "nonfilterable solids" means the suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

"Total toxic organics (TTO)" means the sum of the masses or concentrations of the specific toxic organic compounds regulated by specific categorical pretreatment regulations which is found in the discharge at specific quantifiable concentrations. (Refer to the specific categorical regulations to identify which compounds are regulated, what numeric value is considered "quantifiable," and what sampling or certification alternatives may be available.)

"Toxic organic management plan (TOMP)" means a written plan submitted by industrial users in accordance with some categorical pretreatment standards as an alternative to TTO monitoring which specifies the toxic organic compounds used, the method of disposal used, and procedures for assuring that toxic organics do not routinely spill or leak into wastewater discharged to the POTW.

"Toxic pollutants" means those pollutants identified pursuant to Section 307(a) of the Clean Water Act and 40 CFR 403 (App. B.).

"Treatment works" means all facilities in which the city has an ownership, interest or which the city controls except private sewers used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial waste of a liquid nature or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and appurtenances; extensions, improvements, remodeling, additions and alterations thereof; including the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal land industrial waste.

"Unpolluted water" means water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal; to storm or natural drainage or directly to surface waters.

"Unregulated wastestream" means for purposes of the combined wastestream formula, a wastestream that is not regulated by a national categorical pretreatment standard and is not considered a dilute wastestream.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with the categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. (Ref. 40 CFR 403.16(a).)

"Use permit" means any written authorization required pursuant to this or any other regulation of the city for the discharge from a contributory industry.

"User classification" means a classification of user based on the 1987 Edition of the Standard Industrial Classification (SIC) manual prepared by the Executive Office of Management and Budget.

"Volatile organic compounds (VOCs)" means as listed in 40 CPR 136.

"Waste" means sewage and any and all other waste substance, 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, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

"Waste minimization" means the reduction or elimination, to the extent feasible, of any waste that is generated or subsequently treated, stored or disposed of. It is the elimination or reduction in the use of hazardous materials and the generation of hazardous wastes. It seeks to prevent pollutant releases to all environmental media: water, land or air.

"Wastewater constituents and characteristics" means the individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other 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.

"Wastewater discharge permit" means a permit for the discharge of nondomestic waste as set forth in this chapter.

"Wastewater treatment system" means any device, facility, structure or equipment owned or operated by the city for the purpose of transmission, storage treatment, recycling, or reclamation of nondomestic or domestic wastes, including intercepting sewers, outfall sewers, sewer collection systems, pumps, powerplants and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof, any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

"Water management division director" means one of the directors of the Water Management Divisions within the regional offices of the Environmental Protection Agency or delegated representative. (Ref. 40 CNR 403.3(f).)

"Waters of the state" means any water, surface or underground, including saline waters within the boundaries of the state.