Chapter 1.03
DEFINITIONS

Sections:

1.03.010    Definitions.

1.03.010 Definitions.

The following words and phrases, whenever used in the Malaga Code, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases or the definitions set forth herein conflict with a definition of the same word or phrase(s) in an applicable federal or state law, code or regulation, such federal, state law and/or regulation shall control.

“Act” or “Clean Water Act” shall mean the Federal Water Pollution Control Act.

“Air gap separation” means a physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one inch.

“Applicant” means a person making an application to the District for any purpose set forth in this code including, but not limited to, applications for water or sewer service, permits or other services provided by the District.

“Approved backflow prevention device” shall mean devices which have passed laboratory and filed evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the California Department of Health.

“Approved water supply” means any water supply whose potability is regulated by a state or local health agency.

“Article 9.7” means Article 9.7 of Part 5 of Division 12 (beginning at § 31144.7) of the California Water Code.

“Authorized official of the District” shall mean the person designated by resolution of the Board of Directors as the District’s legally responsible official for submitting reports to the State Water Resources Control Board, the United States Environmental Protection Agency, the county of Fresno, and any other agency having jurisdiction to or otherwise requiring the District to submit reports or other records related to the District’s water or sewer operations.

“Authorized or duly authorized representative of the user” means:

A. If the user is a corporation:

1. The president, secretary, treasurer, or 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; or

2. The manager of one or more manufacturing, production, or operating 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 other permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

B. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

C. If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

D. The individuals described in subsections (A) through (C) of this definition may designate a duly 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 of the company, and the written authorization is submitted to the District.

“Automatic violation” means a violation defined by any provision in the Malaga Code as an automatic violation.

“Auxiliary supply” means any water supply on or available to the premises other than the approved water supply.

“AWWA standard” means an official standard developed and approved by the American Water Works Association (AWWA).

“Backflow” means a flow condition, caused by a differential in pressure that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Backpressure is the other cause.

“Best available technology economically achievable (BAT or BATEA)” shall mean, subject to economic and engineering feasibility limitations, incorporation of the top-of-the-line current technology, with a capacity up to and including no discharge of pollutants. Considerations include the age of the equipment and facilities involved; the process used; the engineering aspects of applying various types of control techniques; process changes; the cost of achieving the effluent reduction resulting from applying the technology; and non-water quality environmental impacts, such as energy use.

“Best conventional pollutant control technology (BCT)” shall mean measures and practices for point sources of conventional pollutants, determined with consideration of the reasonableness attainment costs versus effluent reduction benefits, the age of equipment and facilities involved, and energy impacts.

“Best management practices (BMPs)” as defined by 40 CFR 403.3 as it may be amended shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce water pollution. The term also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge of waste disposal, or drainage from raw material storage.

“Best practicable technology (BPT or BPCTA)” shall mean technology based on the average of the best existing performance levels achieved by exemplary plants of various sizes, ages, and unit processes within an industry.

“Biochemical oxygen demand (BOD)” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in terms of concentration (milligrams per liter).

“Blowdown” shall mean the minimum discharge of recirculating water to discharge materials contained in the process, when the further buildup would cause concentrations or amounts to exceed limits established by best engineering practice.

“Board” shall mean the Board of Directors of the Malaga County Water District.

“Building” shall mean any structure used for human habitation for a place of business, recreation or other purpose containing sanitary facilities.

“Building drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from drainage piping inside the walls of a building and which conveys liquid wastes to the building sewer intersecting at a point two feet from the building foundation.

“Building sewer” shall mean that portion of any sewer beginning at the plumbing or drainage outlet of any building and running to the property line or to a private sewer.

“Categorical industrial user” or “CIU” shall mean an industrial user subject to a categorical pretreatment standard or categorical standard.

“Categorical pretreatment standard” or “categorical standard” shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act that apply to a specific category of users and appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

“CFR” shall mean the Code of Federal Regulations.

“Citation” or “administrative citation” shall mean a civil citation issued pursuant to this code stating that there has been a violation of one or more provisions of the Malaga Code and setting the amount of the administrative penalty to be paid by the responsible party.

“Combined sewer” shall mean a sewer receiving both surface runoff and sewage.

“Commercial establishments” shall mean any building used for conducting private or public wholesale or retail transactions involving the exchange of services, commodities or financial business. Such facilities normally produce domestic wastes, but may also contain industrial wastes.

“Community sewer” shall mean a sewer owned, operated and/or maintained by the District, a city, or other public agency tributary to the treatment facility operated by the District.

“Compatible pollutant” shall mean BOD, suspended solids, pH (within the range of 6.0 to 9.0) and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this District’s California Regional Water Quality Control Board waste discharge permit for its wastewater facilities where said facilities have been designed and used to reduce or remove such pollutants.

“Compliance/groundwater protection fund” means a fund established by the Directors for the purpose of identifying, funding and implementing plans, practices, procedures and/or facilities which protect or improve the quality, quantity, and/or sustainability of groundwater within the District.

“Compliance/groundwater protection surcharge” means a surcharge for customers discharging into the sewerage system in an amount as determined by the Directors for the purpose of protecting the quality, quantity, and/or sustainability of groundwater within the District to comply with regulations related to discharge of treated water from the District’s WWTF and to provide the District with a sustainable and integrated financing source for compliance groundwater protection or sustainability activities or projects.

“Computable pollutant” means a pollutant for which enough concentrations on data are available to calculate or document a change in loading.

“Condominium” shall mean residence sited in multiple residence unit buildings but usually owned by different individuals. Common areas of the subdivision are owned jointly by all unit owners.

“Contamination” shall mean 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. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the state are affected.

“Contractor” shall mean any contractor licensed by the state of California to enter into contracts for and to perform the work of installing, repairing, replacing or relocating sewers under District jurisdiction, or the owner of private property doing owner’s own residential sewer work on owner’s private property only.

“Control authority” shall mean the Malaga County Water District pursuant to 40 CFR 403.3(f).

“Controlled substance” shall mean any substance which is a toxic substance or an incompatible pollutant or which may cause pollution or which may interfere with or pass through the POTW, or which is regulated by this code or a nonresidential wastewater discharge permit.

“Cooling water” shall mean the water discharged from any use such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.

“County” shall mean the county of Fresno, California.

“Cross connection” means any physical connection between the piping system from the District service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the District distribution mains.

“Direct discharge” shall mean the discharge of wastewater directly into a storm drain system or waters of the state.

“Discharge” shall mean to pump, to place, to deposit, to permit, or to cause to flow or to be transported by a flow, including the introduction of pollutants into the POTW from any nondomestic source.

“Distribution mains” means water lines in streets, highways, alleys, and easements used for public and private fire protection and for general distribution of water.

“District” shall mean the Malaga County Water District located in the county of Fresno, state of California.

“District’s Counsel” shall mean an attorney appointed by the Governing Board to represent the District.

“District Engineer” or “Engineer” shall mean the engineer appointed by and acting for the Board and shall be a registered professional of the state of California.

“District Inspector” or “Inspector” shall have the same meaning as the term “Enforcement Officer” as defined herein.

“Domestic wastes” shall mean liquid wastes from the noncommercial preparation, cooking, and handling of food; or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities, and institutions.

“Double check valve assembly” means an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.

“Electrical conductivity” or “EC” means a material’s ability to conduct an electric current. As used herein, electrical conductivity or EC refers to the electro-conductivity of water as measured in umho/cm or δ/cm.

“Enforcement Officer” shall mean the General Manager, Environmental Compliance Officer, or any other person designated by the Directors or General Manager as an Enforcement Officer. Any person designated as an Enforcement Officer shall have the authority to conduct inspections, issue citations, and/or any other enforcement actions as set forth in this code or the District’s enforcement response plan.

“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or other duly authorized official of said agency.

“EPA Pretreatment Category” or “Pretreatment Category” shall mean EPA Categorical Pretreatment Standards as defined and identified by Parts 405 through 471 of Title 40 of the Code of Federal Regulations.

“Equivalent SFR unit” or “ESU” shall mean any discharge of wastewaters, expressed in fractions or multiples of the prevailing quantities of daily emissions of gallonage, pounds of BOD and pounds of SS for the average single-family residence (“SFR”) as stated in the Master Schedule of Fees, Charges, Penalties and Recovered Costs, or as it may be amended.

“ERP” shall mean enforcement response plan.

“Existing source” shall mean any building, structure, facility or installation from which there is or may be a discharge of pollutants, and which is not a new source as defined herein.

“Fats, oil and grease (FOG)” includes materials of vegetable, animal and mineral origin. Mineral oils include petroleum, hydrocarbon, and/or non-polar fats, oils, and grease.

“FOG control plan” shall mean a plan developed by an IU pursuant to the District’s FOG control program.

“FOG control program” shall mean the District’s FOG control program pursuant to MCWDC 3.05.180.

“Food grinder” shall mean any device installed for the purpose of disposing of food waste into the public sewer system.

“Food service establishments” shall mean any food preparation establishment, restaurant, cafeteria, or any other establishment preparing food for consumption or sale. This definition does not include residential users preparing food for domestic consumption.

“Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sales of food.

“General Manager” or “Manager” means the person holding the position or acting in the capacity of general manager of the District who shall administer and enforce the rules and regulations of the District.

“Governing Board” or “Board” shall mean the five-person board of directors constituted under the County Water District Act (Cal. Water Code §§ 30000 et seq.) empowered as a group acting in public meetings to legislate in all matters related to the District’s jurisdiction as established by the laws of the state of California.

“Grease interceptor, grease trap or grease removal device (GRD)” shall mean any device, unit, or facility for separating and retaining waterborne fats, oils, and greases or grease complexes as well as settleable solids prior to the discharge of wastewaters into the District’s public sewer system. All such facilities, whether installed subsurface or above the ground, regardless of size, including sand and oil/water separators as well as two-compartment sumps, are considered and referred to in this code as grease interceptors, interceptors, or grease removal devices.

“Groundwater sustainability fund” or “GSF” means a fund established by the District for the purpose of identifying, funding and implementing plans, practices, procedures and/or facilities to improve quality, quantity and sustainability of groundwater within the District including, but not limited to, the identification and acquisition of new water supplies or water source.

“Groundwater sustainability surcharge” or “GSS” means a surcharge for water delivered to customers in the form of a tiered rate or other charge as determined by the Directors for the purpose of providing the District with a sustainable and integrated financing source for groundwater sustainability activities or projects. The monies generated from the groundwater sustainability surcharge will be placed in the groundwater sustainability fund which, with other sources of funding, may be used for any purpose or expense related to the District’s groundwater sustainability activities and groundwater management plan.

“Hazardous substance” shall mean any substance which is imminently hazardous to District personnel, the public, or the environment; and includes but is not necessarily limited to: (A) any substance designated a hazardous substance by the Federal Water Pollution Control Act; (B) any element, compound, mixture, solution or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation and Liability Act; (C) any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress); (D) any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act; (E) any hazardous air pollutant listed under Section 112 of the Clean Air Act; and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to Section 7 of the Toxic Substances Control Act.

“Health agency” means the California Department of Health Services, or the local health agency with respect to a small water system.

“Hearing Officer” means any person, persons, or entity appointed by the Board of Directors or any District official designated by the Board of Directors, by resolution, to preside over an administrative hearing as set forth in this title.

“Holding tank waste” shall mean any waste from holding tanks such as vessels, chemical toilets, industrial process detention tanks, and brine tanks and grease/sand interceptors.

“House sewer” shall mean any sewer or building drain beginning at the plumbing or drainage outlets of any buildings and running to the property line.

“Incompatible pollutant” shall mean any pollutant which is not a “compatible pollutant” as defined in this section or which may interfere with or pass through the wastewater facilities or which may cause abnormal increase in the operation costs of the wastewater facilities.

“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source.

“Individual wastewater discharge permit” means an individual wastewater discharge permit issued pursuant to MCWDC Title 3.

“Industrial user” or “user” means a source of indirect discharge.

“Industrial wastewater” shall mean the liquid wastes resulting from the processes employed in industrial, manufacturing, trade, or business establishments, as distinct from domestic wastes. This includes wastewater from a source other than an industrial plant or facility which introduces hazardous substances into publicly owned treatment works, including, without limitation: medical offices; dental offices; hospitals; schools; research, educational and commercial laboratories; warehouses; shopping centers; car washes; print stores; residential, commercial, and public uses of pesticides and fertilizers; gas stations; and septage collection and disposal.

“Infectious waste” shall mean wastes which contain pathogenic organisms.

“Institutional facilities” shall mean any publicly or privately owned school or publicly owned building from which federal, state, county, city or special district activities are conducted or offered for public use. Such facilities shall include, but are not limited to, schools, hospitals, jails, libraries, offices, equipment yards and maintenance buildings, laboratories, parks, rubbish stations, detention homes and fire stations.

“Interference” means a discharge that, 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, uses or disposals; and, therefore, is a cause of a violation of the District’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 any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, 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 Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection Research and Sanctuaries Act.

“Lateral sewer” shall mean that portion of the building drain within a public street, which, with the house sewer, comprises the side sewer.

“Local health agency” means the county or city health authority.

“Local limit” shall mean specific discharge limits developed and enforced by the District upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

“Main sewer” shall mean a public sewer designed to accommodate more than one lateral sewer.

“Malaga groundwater management plan” or “MGMP” means a groundwater management plan prepared by the Malaga County Water District pursuant to Chapter 2.11 MCWDC SGMA.

“Manager” shall mean the General Manager, or his or her designee, of the District or the Manager’s designated representative(s) acting within the scope of the policy directives of the Governing Board of the District.

“Mass emission rate” shall mean the weight of material discharged to the sewer system 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.

“Master Schedule of Fees, Charges, Penalties and Recovered Costs” means the Master Schedule of Fees, Charges, Penalties and Recovered Costs as established and amended, from time to time, by resolution of the Board of Directors of the Malaga County Water District. The Master Schedule of Fees, Charges, Penalties and Recovered Costs may also be referred to herein as the “Master Schedule of Fees” or “Schedule of Fees.”

“May” and “should” are permissive.

“Mobile home” shall mean a residence on wheels or a county- or state-approved “permanent foundation” which requires a special permit to be moved and usually, but not always, sited in a park or development exclusively zoned for such residences. Frequently, the spaces are rented from the owner/operator of such developments which can offer community facilities such as a recreation building, swimming pools, sauna, etc. Mobile homes are those mobile residences with 400 square feet or more of floor space.

“Month” means a calendar month.

“Multiple-family dwellings” shall mean buildings such as duplexes, triplexes, apartments, etc., under a single owner, usually occupied by renters.

“Must,” “will” and “shall” are each mandatory.

“National Pollution Discharge Elimination System” or “NPDES” shall have the same meaning as defined in 40 CFR 403.3, or as amended.

“Natural outlet” shall mean a channel, pond, ditch, lake or other body of surface or ground water.

“New source” shall mean:

A. 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:

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

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

3. The production or wastewater generation process of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining 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.

B. 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) or (2) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

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

1. Begun, or caused to begin, as part of a continuous on-site construction program (a) any placement, assembly, or installation facilities or equipment; or (b) significant site preparation work including clearing, excavating, or removal of existing buildings, structures 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 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 contract foreseeability, engineering, and design studies do not constitute a contractual obligation under this paragraph.

“Nonresidential” shall mean all uses other than as defined for residential.

“Nonresidential user” or “nondomestic user” shall mean all user or users other than those defined as for residential or domestic.

“Nuisance” shall mean anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal as set forth in this Malaga Code or as determined by the Board.

“Official” or “enforcement officer” or “public officer” shall mean the General Manager, or his or her designee, or any other individual or body appointed or designated by the Board of Directors or the General Manager, or his or her designee, to enforce violations of the Malaga County Water District Ordinance Code.

“Ordinance” or “code” shall mean any provision of the Malaga County Water District Ordinance Code (also referred to as the “Malaga Code”).

“Outside sewer” shall mean a private sewer beyond the limits of the District, not subject to the control or jurisdiction of the District.

“Overdraft” means the pumping of groundwater in excess of the sustainable yield for the basin.

“Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed to the record in the County Recorder’s Office, or the person in possession of the property or building under claim of, or exercising acts of ownership over the same for himself or herself, or as executor, administrator, guardian or trustee of the owner. Owner may also be referred to herein as user and vice versa. “Owner” shall also have the same meaning as “person,” “owner,” or “operator” as used and defined in Water Code § 31144.74(b).

“Pass through” shall mean a discharge which exits the POTW into waters of the state 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 waste discharge requirements (including an increase in the magnitude or duration of a violation).

“Pathogenic organisms” shall mean bacteria, protozoa, viruses, or other life forms which may cause disease.

“Permit” shall mean any written authorization required pursuant to this code or any other rule, regulation or ordinance of the District for the installation of any sewer facilities connected to the sewerage system.

“Permittee” shall mean the person to whom the permit was issued.

“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 and local governmental entities.

“P.C.B.” shall mean polychlorinated biphenyls, a group of synthetic organic compounds.

“pH” shall mean a measure of the hydrogen-ion concentration in a solution, expressed as the logarithm (base ten) of the reciprocal of the hydrogen-ion concentration in gram moles per liter.

“Plumbing system” shall mean the distributing pipes for the water supply; the fixtures and fixture traps; the soil, waste, and vent pipes; the building drain and building sewer; and the storm water drainage pipes; with their devices, appurtenances, and connections within and adjacent to the building.

“Pollution” or “pollutants” shall mean an alteration of the quality of the waters of the state by waste to a degree which adversely affects such waters for beneficial use or facilities which serve such beneficial uses. Pollution may include contamination. Pollutants constitute the elements causing the adverse effect.

“Premises” means all structures on permanent foundations used for human habitation or place of business, recreation or other purposes shall be classified as single premise.

“Pretreatment” shall mean application of physical, chemical, or biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the wastewater facilities.

“Pretreatment program” shall mean the pretreatment program of the District as set forth in MCWDC 3.05.020.

“Pretreatment requirement” shall mean any substantive or procedural requirement related to pretreatment, in addition to any/all requirements of the Act or any other national or state pretreatment standard imposed on a user.

“Pretreatment standard” (or “national pretreatment standard”) as defined by 40 CFR 403.3, or as it may be amended, shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

“Private fire protection service” means water service and facilities for building fire sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.

“Private sewer” shall mean a sewer which has an independent sewage disposal system not connected with a public sewer and which accommodates one or more premises.

“Private well surcharge” or “PWS” means a surcharge for water produced by private non-agricultural wells located within the District established pursuant to Article 9.7 and Chapter 2.11 MCWDC.

“Public fire protection service” means the service and facilities of the entire water supply, storage and distribution system of the District, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

“Public sewer” shall mean a sewer in a public right-of-way or easement owned, permitted or controlled by the District or any other POTW, if applicable, or any sewer constructed by the District.

“Public water system” means a system for the provision of piped water to the public for human consumption that has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year.

“Publicly owned treatment works (POTW)” shall mean a treatment works as defined by Section 212 of the Federal Water Pollution Control Act, which is owned by a state or municipality (as defined by Section 502(4) of the Federal Water Pollution Control Act), or as they may be amended. 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. POTW shall also mean the sewerage system of the District.

“Reclaimed water” means a wastewater which, as a result of treatment, is suitable for the uses other than potable use.

“Reduced pressure principle backflow prevention device” means a device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

“Regular water service” means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis and the availability of water therefor. No water service shall be made available to any firm or individual unless annexed to the District, nor will water be served to anyone not being served by the District’s sewers. If sewer service is unavailable, the Board may provide water service if it is agreed that sewer service will be used when available.

“Residence,” “residential” or “residential unit” shall mean a building for occupancy by one or more persons as a permanent or temporary habitat. Normally used to refer to and known as a single-family residence (SFR), physically separate from any other building, or the equivalent thereof in a multiple-family dwelling or other building.

“Responsible party” means any person who is responsible for violating the provisions of the Malaga County Water District Code as described in this chapter.

“Sanitary facilities” means such facilities, devices and systems within a building used for or useful in collection and discharge of sanitary wastewater into the wastewater facilities or private sewer, as applicable.

“Sanitary wastewater” shall mean (A) domestic wastes with storm and surface water excluded; (B) wastewater discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, industrial plants, or institutions; and (C) the water supply of a community after it has been used and discharged into a sewer.

“Schedule of penalties” means a schedule of fines and/or penalties for violation of any of the provisions of the Malaga Code. The schedule of penalties shall be part of the Malaga County Water District Master Schedule of Fees, Charges, Penalties and Recovered Costs.

“Secretary” shall mean that person appointed by the Board to serve as Secretary of the District.

“Service” means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water service from a distribution main to a premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed to be a separate service.

“Service connection” has the same definition as “service” and shall also refer to the point of connection of a user’s piping to the district’s facilities.

“Sewage” shall mean a combination of water-carried wastes from buildings connected to the sewerage system of District or to any private sewer.

“Sewer” shall mean a pipe or conduit for transporting wastewater.

“Sewer connection” means the connection of a building to the District sewer system.

“Sewer system management plan” shall mean the District’s sewer system management plan (SSMP).

“Sewer use ordinance” shall mean MCWDC Title 3.

“Sewerage system” shall mean the collection, transport, pumping, treatment, and disposal facilities owned, operated, or maintained by the District.

“Side sewer” shall mean the part of the horizontal piping beginning at the foundation wall of any building and terminating in the sewerage system or private sewer and include the building sewer and lateral sewer.

“Significant industrial user” or “SIU” shall mean:

A. An industrial user subject to categorical pretreatment standards; or

B. An industrial user that:

1. Discharges an average of 25,000 gallons per day or more of processed wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

2. 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

3. Is designated as such by the District on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

“Significant noncompliance” shall have the same meaning as 40 CFR 403.8(f)(2)(viii), or as it may be amended, which reads in relevant part as follows:

For the purposes of this provision, a Significant Industrial User (or any Industrial User which violates paragraphs (f)(2)(viii)(C), (D), or (H) of this section) is in significant noncompliance if its violation meets one or more of the following criteria:

(A) Chronic violations of wastewater Discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

(B) Technical Review Criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(C) Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative Standard) that the POTW determines 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 a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under paragraph (f)(1)(vi)(B) of this section to halt or prevent such a discharge;

(E) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

(F) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(G) Failure to accurately report noncompliance;

(H) Any other violation or group of violations, which may include a violation of Best Management Practices, which the POTW determines will adversely affect the operation or implementation of the local Pretreatment program.

“Single-family dwelling/single-family residence/SFR” shall mean premises designed, improved or used as a residence for one family only and for no other purpose, with sanitary and kitchen facilities.

“Slug discharge” or “slug load” shall mean any discharge at a flow rate of concentration, which could cause a violation of the prohibited discharge standards in MCWDC Title 3 including, but not limited to, MCWDC 3.05.030 or 3.05.040. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through or any other way of violating the POTW’s regulations, local limits or permit conditions.

“Slug discharge plan” shall mean a slug discharge plan prepared by a user and approved by the District pursuant to the District’s slug discharge program.

“Slug discharge program” shall mean the District’s slug discharge control program as set forth in the District’s pretreatment program pursuant to the sewer use ordinance.

“Special district” shall mean a local agency as defined in Cal. Gov’t Code § 54725.

“Standard industrial classification (SIC)” shall mean the compilation of industries and their discharges of pollutants, which is printed by the U.S. Office of Management and Budget in its Standard Industrial Classification Manual.

“State” means the state of California.

“Storm water” shall mean any flow occurring during or immediately following any form of natural precipitation and resulting therefrom whether discharged or otherwise entering the sewerage system or not.

“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the District which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

“Supplemental groundwater sustainability surcharge” or “SGSS” means a supplemental surcharge on customers who discharge water into the District’s sewer system in an amount of less than 76 percent, or other amount determined by the District of water supplied to the customer by the District or from another source, including private, non-agriculture wells. The amount of the surcharge will be determined and amended, from time to time, by the Directors and shall be placed into the groundwater sustainability fund.

“Suspended solids (SS)” shall mean the total suspended matter that floats on the surface of, is suspended in, or settles from wastewater or other liquids, and which is removable by laboratory filtering.

“Sustainable Groundwater Management Act” or “SGMA” shall mean Part 2.74, commencing with § 10720, of the California Water Code.

“Temporary water service” means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

“Tenant” and “occupant” applies to a building or land and includes any person who occupies the whole or a part of such building or land, whether alone or with others.

“Total dissolved solids” or “TDS” as used in this code means the combined content of all inorganic and organic substances contained in a water molecule as measured in mg/l or mcg/ml.

“Total toxic organics” shall mean the sum of all quantifiable values greater than 0.01 mg/L for all toxic organics covered by the electroplating point source category and the metal finishing point source category.

“Toxic substances” shall mean any toxic substances in amounts exceeding standards promulgated by the administrator of the United States Environmental Protection Agency pursuant to Section 307(a) of the Act, and the Toxic Substances Control Act (P.L. 94-469), or as they may be amended, and chemical elements or compounds, phenols or other taste- or odor-producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system.

“Trailer” shall mean mobile residence normally set up in a park constructed to provide utility hookups for such dwellings. Trailers are limited to 35 feet in length by the California Vehicle Code and may be towed on the public highway without a special permit. Such residences have less than 400 square feet of floor space.

“Unpolluted water” shall mean water not containing any pollutants limited or prohibited by applicable regulations, standards, or limitations and whose discharge will not cause any violation of receiving water quality standards.

“User” shall mean any person who discharges, causes, or permits the discharge of wastewater into the District’s wastewater facilities. User includes a source of indirect discharge.

“User classification” shall mean a classification of user based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.

“Waste” shall mean 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, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

“Wastewater” shall mean waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.

“Wastewater constituents and characteristics” shall mean the individual chemical, physical, biological and radiological parameters, including volume and flow rate and such other parameters that define, classify, or measure the contents, quality, quantity, or strength of wastewater.

“Wastewater treatment facilities” or “WWTF” or “Malaga wastewater treatment facilities” or “MWTF” shall mean any device, facilities, structures, equipment, or works owned, operated or maintained by the District for the purpose of the collection, transmission, storage, treatment, recycling, reclamation and disposal of industrial and domestic waste, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including, but not limited to, intercepting sewers, outfall sewers, sewerage collection systems, pumping, power, and other equipment and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment progress or is used for ultimate disposal of residues resulting from such treatment.

“Water connection” means the connection of a building to the District water system.

“Water supplier” means the person who owns or operates the approved water supply system.

“Water user” means any person obtaining water from an approved water supply system.

“Watercourse” shall mean a channel in which a flow of water occurs either continuously or intermittently.

“Waters of the state” shall mean any water, surface or underground, including saline waters within the boundaries of the state.

“Year” means a calendar year. [Ord. 2016-1 § 1; Ord. 2014-2 § 1.]