Chapter 13.24
DEFINITIONS
Sections:
13.24.090 Director of public works.
13.24.230 Sewage treatment plant.
13.24.260 Sewer service charges.
13.24.290 Storm sewer or storm drain.
13.24.320 Authorized representative of the industrial user.
13.24.330 Backflow prevention device.
13.24.340 Best management practices (BMPs).
13.24.350 Biochemical oxygen demand (BOD).
13.24.370 Categorical pretreatment standard or categorical standard.
13.24.430 City manager or manager.
13.24.450 Environmental Protection Agency (EPA).
13.24.500 Indirect discharge or discharge.
13.24.510 Industrial user or user.
13.24.520 Instantaneous maximum allowable discharge limit.
13.24.590 Significant industrial user.
13.24.610 Standard industrial classification (SIC) code.
13.24.650 Treatment plant effluent.
13.24.670 Wastewater treatment plant or treatment plant.
13.24.010 Generally.
A. For the purpose of this division, the terms set forth in this chapter shall apply unless the context otherwise indicates.
B. Additional terms shall have the meanings indicated in Chapter 1 of the edition that is most recent, from time to time, of that certain plumbing code entitled Western Plumbing Officials Uniform Plumbing Code, adopted by the Western Plumbing Officials Association, copies of which are on file in the office of the city. (Ord. 76-361 Art. I § 1; Ord. 76-360 Art. I § 129).
13.24.020 Applicant.
“Applicant” means the person making application for a permit for a sewer installation and shall be the owner of premises to be served by the sewer for which a permit is requested, or his authorized agent. (Ord. 76-360 § 110).
13.24.030 Building.
“Building” means any structure inhabited or used by human beings. (Ord. 76-360 § 109).
13.24.040 Building sewer.
“Building sewer” means that portion of any 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. (Ord. 76-360 § 124).
13.24.050 City engineer.
Repealed by Ord. 2019-735. (Ord. 76-360 § 105).
13.24.060 City inspector.
Repealed by Ord. 2019-735. (Ord. 76-360 § 106).
13.24.070 Combined sewer.
“Combined sewer” means a sewer receiving both surface runoff and sewage. (Ord. 76-360 § 119).
13.24.080 Contractor.
“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. (Ord. 76-360 § 111).
13.24.090 Director of public works.
“Director of public works” means the person appointed by the council to administer and enforce the rules and regulations of the city. (Ord. 76-360 § 104).
13.24.100 Fixture.
“Fixture” means any sink, tub, shower, water closet or other facility connected by a drain to the sewer. (Ord. 76-361 § 2(e)).
13.24.110 Garbage.
“Garbage” means solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce. (Ord. 76-360 § 128).
13.24.120 Lateral sewer.
“Lateral sewer” means the portion of a sewer lying within a public street connecting a building sewer to the main sewer. (Ord. 76-360 § 123).
13.24.130 Living unit.
“Living unit” means any residence, apartment house, habitation, or other structure customarily occupied by a single person or family requiring sewage disposal service. (Ord. 76-361 § 2(f)).
13.24.140 Main sewer.
“Main sewer” means a public sewer designed to accommodate more than one lateral sewer. (Ord. 76-360 § 122).
13.24.150 Multiple dwelling.
“Multiple dwelling” means a building for residential purposes containing more than one kitchen or having facilities for the occupancy of more than one person or families, including, but not limited to, the following: hotels, motels, mobile home parks, apartment houses, duplexes, roominghouses, boardinghouses and dormitories. (Ord. 76-360 § 113).
13.24.160 Outlet.
“Outlet” means any properties of a sewer system to which a fixture may be connected. (Ord. 76-361 § 2(g)).
13.24.170 Outside sewer.
“Outside sewer” means a sanitary sewer beyond the limits of the city not subject to the control or jurisdiction of city. (Ord. 76-360 § 126).
13.24.180 Report.
“Report” means the report referred to in Section 5473 of the Health and Safety Code of the state of California. (Ord. 76-361 § 2(d)).
13.24.190 Permit.
“Permit” means any written authorization required pursuant to this division or any other regulation of city for the installation of any sewage works. (Ord. 76-360 § 108).
13.24.200 Public sewer.
“Public sewer” means a sewer lying within a street or easement and which is controlled by or under the jurisdiction of the city. (Ord. 76-360 § 118).
13.24.210 Sanitary sewer.
“Sanitary sewer” means a sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted. (Ord. 76-360 § 120).
13.24.220 Sewage.
“Sewage” shall mean human excrement and gray water (household showers, dishwashing operations, and the like). (Ord. 2019-735 § 2 (Exh. 1); Ord. 76-360 § 116).
13.24.230 Sewage treatment plant.
“Sewage treatment plant” means any arrangement of devices and structures used for treating sewage. (Ord. 76-360 § 127).
13.24.240 Sewage works.
“Sewage works” means all facilities for collecting, pumping, treating, and disposing of sewage. (Ord. 76-360 § 115).
13.24.250 Sewer.
“Sewer” means a pipe or conduit for carrying sewage. (Ord. 76-360 § 117).
13.24.260 Sewer service charges.
“Sewer service charges” means fees, tolls, rates, rentals, or other charges for services and facilities furnished by city in connection with its sanitation or sewerage system. (Ord. 76-361 § 2(c)).
13.24.270 Side sewer.
“Side sewer” means the sewer line beginning at the foundation wall of any building and terminating at the main sewer, and includes the building sewer and lateral sewer together. (Ord. 76-360 § 125).
13.24.280 Single-family unit.
“Single-family unit” means the place of residence for a single family. (Ord. 76-360 § 112).
13.24.290 Storm sewer or storm drain.
“Storm sewer” or “storm drain” means a conduit which carries stormwaters and surface waters or groundwaters and drainage, but excludes sewage and polluted industrial wastes. (Ord. 76-360 § 121).
13.24.300 Street.
“Street” means any public highway, road, street, avenue, alley, way, public place, public easement, or right-of-way. (Ord. 76-360 § 114).
13.24.310 Act or the Act.
“Act” or “the Act” shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.320 Authorized representative of the industrial user.
Authorized Representative of the Industrial User.
A. If the industrial user is a corporation, “authorized representative” shall mean:
1. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation.
2. The manager of one or more manufacturing, production, or operation facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
B. If the industrial user is a partnership, or sole proprietorship, an “authorized representative” shall mean a general partner or proprietor, respectively.
C. If the industrial user is a federal, state or local governmental facility, an “authorized representative” shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility.
D. The individuals described in subsections (A) through (C) of this section may designate another “authorized representative” if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.330 Backflow prevention device.
“Backflow prevention device” shall mean a device that allows water and materials that back up to escape from the cleanout rather than flowing into the home. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.340 Best management practices (BMPs).
“Best management practices (BMPs)” shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in FMC 13.32.020 through 13.32.160. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spills or leaks, sludge or waste disposal, or drainage from raw materials storage. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.350 Biochemical oxygen demand (BOD).
“Biochemical oxygen demand (BOD)” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five-day, 20 degrees centigrade expressed in terms of mass and concentration in milligrams per liter (mg/l). (Ord. 2019-735 § 2 (Exh. 1)).
13.24.370 Categorical pretreatment standard or categorical standard.
“Categorical pretreatment standard” or “categorical standard” shall mean any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.380 City.
“City” shall mean the city of Fortuna, California, or the city council of Fortuna. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.390 Color.
“Color” shall mean the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.400 County.
“County” shall mean the county of Humboldt, California. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.410 Council.
“Council” shall mean the Fortuna city council. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.430 City manager or manager.
“City manager” or “manager” shall mean the person designated by the city to manage the operation of the publicly owned treatment works (POTW), and who is charged with certain duties and responsibilities by this chapter or his duly authorized representative. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.440 Composite sample.
“Composite sample” shall mean the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.450 Environmental Protection Agency (EPA).
“Environmental Protection Agency (EPA)” shall mean the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Regional Water Quality Control Board or other duly authorized official of said agency. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.460 Existing source.
“Existing source” shall mean any source of discharge, the construction or operation of which commenced prior to the publication 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. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.470 Grab sample.
“Grab sample” shall mean a sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.480 Grease hauler.
“Grease hauler” shall mean a person, firm or business that collects the contents of a grease interceptor and transports it. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.490 Grease interceptor.
“Grease interceptor” shall mean a plumbing appurtenance or appliance that intercepts fats, oil and grease from a wastewater discharge. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.500 Indirect discharge or discharge.
“Indirect discharge” or “discharge” shall mean the introduction of pollutants into the POTW from any nondomestic source. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.510 Industrial user or user.
“Industrial user” or “user” shall mean any person who discharges or causes or permits the discharge of nondomestic wastewater into the POTW. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.520 Instantaneous maximum allowable discharge limit.
“Instantaneous maximum allowable discharge limit” shall mean the maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.530 Interference.
“Interference” shall mean a discharge which alone or in conjunction with a discharge or discharges from other sources: inhibits or disrupts the POTW, its treatment processes, or operations or its sludge processes, use, or disposal; and therefore is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions 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 commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.540 Medical waste.
“Medical waste” shall mean isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.550 New source.
A. “New source” shall mean:
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(I) of the Act that 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 (A)(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 in this subsection 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 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 subsection. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.560 Pass through.
“Pass through” shall mean 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). (Ord. 2019-735 § 2 (Exh. 1)).
13.24.570 Person.
“Person” shall mean any individual, partnership, co-partnership, firm, company, corporation, association, 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, or local governmental entities. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.580 POTW.
“POTW” shall mean publicly owned treatment works, a wastewater treatment plant that is owned, and usually operated, by a government agency. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.590 Significant industrial user.
“Significant industrial user” shall apply to industrial users subject to categorical pretreatment standards; any other industrial user that discharges an average of 25,000 gallons per day (gpd) or more of process wastewater, contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the treatment plant or is designated as significant by the city 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. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.600 Slug load.
“Slug load” shall mean any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in FMC 13.32.020 through 13.32.150 or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.610 Standard industrial classification (SIC) code.
“Standard industrial classification (SIC) code” shall mean a classification pursuant to the “Standard Industrial Classification Manual” issued by the U.S. Office of Management and Budget. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.620 Stormwater.
“Stormwater” shall mean any flow occurring during or following any form of natural precipitation including snowmelt. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.630 Suspended solids.
“Suspended solids” shall mean the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.640 Toxic pollutant.
“Toxic pollutant” shall mean one of 126 pollutants, or combination, by the EPA under the provision of Section 307 (33 USC 1317) of the Act. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.650 Treatment plant effluent.
“Treatment plant effluent” shall mean any discharge of treated wastewater from the POTW into waters of the state. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.660 Wastewater.
“Wastewater” shall mean 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. (Ord. 2019-735 § 2 (Exh. 1)).
13.24.670 Wastewater treatment plant or treatment plant.
“Wastewater treatment plant” or “treatment plant” shall mean the portion of the POTW designed to provide treatment of sewage and industrial waste. (Ord. 2019-735 § 2 (Exh. 1)).