Chapter 3.05
GENERAL PROVISIONS
Sections:
3.05.030 Supersession and rescission of district code provisions.
3.05.040 Title, chapter and section headings.
3.05.050 Effect of title on past actions and obligations.
3.05.100 Maintenance of building sewers.
3.05.010 Short title.
This title will be known as the wastewater ordinance of West County Wastewater District. [Ord. 2023-003 § 1.010]
3.05.020 Purpose.
The purpose of this title is to promote public health and safety by establishing regulations relating to (A) connections to WCW’s public sewer system and (B) the pretreatment and discharge of wastewater that is contributed to or permitted to enter WCW facilities. [Ord. 2023-003 § 1.020]
3.05.030 Supersession and rescission of district code provisions.
This title supersedes and rescinds WCWDC Titles 8 (Uniform Plumbing Code) and 9 (Sewage and Discharge Regulations). [Ord. 2023-003 § 1.030]
3.05.040 Title, chapter and section headings.
Title, chapter, article and section headings in this title shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the title. [Ord. 2023-003 § 1.040]
3.05.050 Effect of title on past actions and obligations.
The adoption of this title shall not in any manner:
A. Affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this title;
B. Be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinance;
C. Be construed as affecting any of the provisions of such ordinance relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof; or
D. Affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. [Ord. 2023-003 § 1.050]
3.05.060 Constitutionality.
If any section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the title. The board declares that it would have passed the ordinance codified in this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason the ordinance codified in this title should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. [Ord. 2023-003 § 1.060]
3.05.070 Authority.
This title is adopted pursuant to provisions of Section 6400 et seq. of the Health and Safety Code of the state of California. [Ord. 2023-003 § 1.070]
3.05.080 Administration.
The general manager will administer, implement, and enforce the provisions of this chapter. [Ord. 2023-003 § 1.080]
3.05.090 Jurisdiction.
The jurisdiction of WCW shall include the sewer system and appurtenant connections thereto within its political boundaries or service areas. No portion of this regulation or administration thereof shall be construed to regulate or prescribe standards for the installation of plumbing, with the exception of special sewage disposal-related facilities including, but not limited to, sewage ejectors, backflow protectors, industrial and commercial waste treatment facilities, and oil and grease interceptors within buildings and structures within the boundaries of the West County Wastewater District. [Ord. 2023-003 § 1.090]
3.05.100 Maintenance of building sewers.
It is the responsibility of the property owner to maintain their building sewer in good condition in its entirety from the building served through the wye or point of connection with the public sewer, regardless of whether said building sewer is located in a public street, alley, easement or other location on or off of owner’s property. [Ord. 2023-003 § 1.100]
3.05.110 Effective date.
This title becomes effective January 1, 2023. [Ord. 2023-003 § 1.110]
3.05.120 Definitions.
“Act” or “the Act” means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
“Authorized or duly authorized representative” of industrial user means:
1. If the user is a corporation:
a. 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; or
b. 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 general permit optional requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
3. 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.
4. The individuals described in subsections (1) through (3) 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 for the company, and the written authorization is submitted to WCW.
“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) or this title. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. They also include alternative means of complying with, or in place of, certain established categorical pretreatment standards and effluent limits.
“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, over five days at 20 degrees centigrade, expressed in terms of weight and concentration (milligrams per liter, mg/L).
“Board” or “WCW board” means the board of directors of West County Wastewater.
“Building drain” means that part of the lowest piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building or structure and conveys it to the building sewer beginning two feet outside the building wall.
“Building sewer” or “sewer lateral” means that part of the generally horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage disposal system or other point of disposal. The building sewer or sewer lateral includes the wye or point of connection with the public sewer, private sewer, individual sewage disposal system or other point of disposal and terminates at the point of connection to the building drain two feet outside the building wall.
“Building wall” means a component part of a structure built, erected, framed and designed for the housing, shelter, enclosure or support of persons, animals, or property of any kind.
“Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
“Categorical industrial user” means all industrial users subject to national categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.
“Categorical standards” means national pretreatment standards which specify quantities or concentrations of pollutants or pollutant properties that may be discharged by industrial users in specified industrial subcategories as defined in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
“Chemical oxygen demand (COD)” means the quantity of oxygen utilized, by a strong chemical oxidant, in the oxidation of organic and oxidizable inorganic material under standard laboratory procedures, expressed in terms of weight and concentration (mg/L).
“Class I user” means any user who is subject to national categorical pretreatment standards.
“Class II user” means any nondomestic user of WCW’s wastewater disposal system who is not subject to national categorical standards and:
1. Has an average discharge flow of 25,000 gallons or more per day, excluding sanitary, noncontact cooling water, and blowdown wastewaters; or
2. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS) capacity of a treatment plant; or
3. Has a reasonable potential, in the opinion of WCW, to adversely affect the publicly owned treatment works operation or for violating a pretreatment standard, local limit, or discharge requirement; or
4. Has been determined by WCW to discharge wastewater having a potential variability in the character of the wastewater, or the potential for increased operational or administrative cost to WCW due to the characteristics of the waste.
“Class III user” means any nondomestic user who is not designated as a Class I or a Class II user. Class III users may include users who are not industrial nor commercial users, and:
1. Have a reasonable potential to adversely affect WCW’s ability to meet the objectives of this title; or
2. Generate hazardous waste, whether or not said waste is discharged into the publicly owned treatment works, or if, in the determination of WCW, there is a potential for this waste to be discharged into the publicly owned treatment works, even through accident in nonprocess or process of handling of the waste; or
3. Store or use hazardous materials, whether or not a hazardous waste is produced in the industrial or commercial process if, in the determination of WCW, a potential exists for significant impact upon the publicly owned treatment works due to a release of these materials into the environment.
Class III users may be individually designated by WCW based on the criteria set forth above, or on categorization of the user as a member of a particular business category. A Class III user designation may include, but is not limited to, landfill operations, landfill leachate, or ground water cleanup sites.
Class IV User. Any nondomestic user who is not designated as a Class I, Class II, or Class III user may be designated as a “Class IV user” if the user:
1. Has a reasonable potential to adversely affect WCW’s ability to meet the objectives of this title; or
2. Generates hazardous waste, whether or not said waste is, in the normal course of the industrial or commercial process, discharged to the publicly owned treatment works, or if, in the determination of WCW, there is a potential for this waste to be discharged to the publicly owned treatment works, even through accident in nonprocess or process of handling of the waste; or
3. Stores or uses hazardous materials, whether or not a hazardous waste is produced in the industrial or commercial process if, in the determination of WCW, a potential exists for significant impact upon the publicly owned treatment works due to a release of these materials into the environment.
Class IV users may be individually designated by WCW based on the criteria set forth above or on categorization of the user as a member of a particular business category. The Class IV user designation shall include, but is not limited to, the following business categories: analytical laboratories, clinical laboratories, dry cleaners, laundries, vehicle maintenance facilities, vehicle repair facilities, gasoline stations, printing shops, printing allied industries, photo processors, pesticide formulators, pesticide applicators, dental laboratories and x-ray laboratories, and veterinary providers.
“Collection system” means WCW pipelines, pump stations, manholes and other similar facilities, which accept, collect and convey sanitary sewage to the treatment plant.
“Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.
“Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
“District” or “WCW” means the West County Wastewater District. WCW is a special district formed in 1921, which is responsible for the collection and treatment of wastewater from unincorporated areas of El Sobrante, a portion of the city of Richmond, the city of San Pablo and a portion of the city of Pinole.
“Domestic wastewater” means the liquid, solid, and water-carried waste derived from ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer by means of a private conveyance system. The parameters by which domestic wastewater shall be distinguished from industrial or commercial wastewater is the concentration of BOD and suspended solids. The strength shall be considered to have no more than 300 milligrams per liter (mg/L) BOD and suspended solids.
“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.
“Existing source” means any source of discharge that is not a “new source.”
“Fats, oils and grease (FOG)” means any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
“Fees and charges ordinance” means the fees and charges ordinance of West County Wastewater District.
“Final map” means a map prepared in sufficient detail and accuracy as final maps to be placed on record in the county of Contra Costa.
“Food service establishment” means any commercial entity operating within WCW in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in California Uniform Retail Food Service Establishments Law (CURFFL) Section 113785. A limited food preparation establishment is not considered a food service establishment when engaged only in reheating, hot holding, or assembly of ready to eat food products and, as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changed the form, flavor, or consistency of food.
“General manager” means the general manager of WCW or their duly authorized representative.
“Grab sample” means a sample, which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
“Grease control device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. “Grease control device” may also include any other proven method to reduce FOG subject to the approval of WCW.
“Grease interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a food service establishment and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.
“Grease trap” means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable.
“Hazardous pollutants” means any constituent or combination of constituents that is classified as hazardous under state or federal regulations or is included on the federal list of toxic pollutants as specified in CFR Title 40 Part 403.
“Holding tank waste” means any waste from holding tanks such as vessels, chemical toilets, campers, trailers and vacuum-pump tank trucks.
“Improvement plan” means the drawings for actual construction of proposed sewers and the term shall include written specifications, soils tests and field survey notes.
“Indirect discharge” means the discharge or the introduction of pollutants from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act (33 U.S.C. 1317), into WCW’s treatment works (including holding tank wastes discharged into the system).
“Industrial user” means a source of indirect discharge. (See definition of “indirect discharge.”)
“Industrial waste” or “wastewater” means all water-carried wastes and wastewater of the community, excluding domestic wastewater, derived from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. Industrial wastewater may also include wastes of human origin similar to domestic wastewater, which have been mixed with industrial wastes or wastewater prior to discharge to the WCW’s facilities.
“Instantaneous limit” means the maximum concentration 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.
“Interceptor” means a precast or cast-in-place concrete containment device designed to intercept, trap or otherwise prevent grease, sand, flammable liquids or other substances potentially harmful to the sewerage system from entering said system.
“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources:
1. Both inhibits or disrupts the POTW, its treatment processes or its operations, or its sludge processes, use, or disposal; and, therefore, causes a violation of any requirement of the POTW’s National Pollutant Discharge Elimination System (NPDES) permit (including an increase in the magnitude or duration of a violation) or prevents sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act (33 U.S.C. 1345), Solid Waste Disposal Act (SWDA) (including Title II (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Control Act;
2. Is likely to endanger life, health, or property or otherwise cause a nuisance; or
3. In the opinion of WCW, otherwise adversely affects the WCW’s ability to meet the objectives stated in WCWDC 3.30.010.
“Local limit” means specific discharge limits developed and enforced by WCW upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
“Medical waste” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
“National categorical pretreatment standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1317) which applies to industrial users. These regulations are found in 40 CFR, Chapter I, Subpart N, Parts 405 through 471.
“National Pollution Discharge Elimination System permit” or “NPDES permit” means a permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
“New source” means:
1. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307C 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 (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
3. Construction of a new source as defined under 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.
“Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“Nonsignificant categorical industrial user” means a categorical industrial user that has been designated as “nonsignificant” by WCW. To qualify, a CIU must:
1. Never discharge more than 100 gallons per day of total categorical wastewater (excluding sanitary, noncontact cooling water, boiler blowdown wastewater, unless specifically included in the categorical pretreatment standard);
2. Consistently comply with all pretreatment standards;
3. Annually submit a certification statement (40 CFR part 403.12(q)); and
4. Never discharge any untreated concentrated wastewater.
“Notice of violation (NOV)” means a document informing the user that the user has violated this title and requesting user to prescribe appropriate corrective action.
“Owner” means any person having sufficient proprietary interest in land to make application for a permit to connect to the sewerage system of the district.
“Pass-through” means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with other discharges, causes, or in the determination of WCW has a potential for causing, a violation of any requirement of the WCW’s NPDES permit (including an increase in the magnitude or duration of a violation).
“Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
“pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
“Pollutant” includes sewage or any characteristic of 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 commercial producing, manufacturing, or processing operation of whatever nature.
“Pollution” means an alteration of the quality of the waters of the state by waste to a degree, which unreasonably affects (1) such waters for beneficial use, or (2) facilities which serve such beneficial uses or which create a hazard to the public health.
“Pretreatment” or “treatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into WCW facilities. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
“Pretreatment requirement” means any substantive or procedural pretreatment requirement, other than a national pretreatment standard, applicable to industrial users (IUs).
“Pretreatment standard” means any regulation of WCW, state, or EPA containing pollutant discharge limits or other procedural or substantive requirements of the user.
“Public sewer” means a sewer owned or maintained by WCW lying within limits of public streets, roads, easements, reserves, nonexclusive easements or other public rights-of-way serving or intended to serve two or more separate properties, persons, or parcels. That portion of the building sewer which may lie within any public street or right-of-way is not a public sewer in the West County Wastewater jurisdiction or sphere of influence.
“Publicly owned treatment works” or “POTW” means a treatment works, as defined by section 212 of the Act (33 U.S.C. Section 1292), which is owned by WCW. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant but does not include laterals, pipes, sewers, or other conveyances connected to a sewer main extension. For the purposes of this title, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside WCW who are, by contract or agreement with WCW, users of the WCW POTW.
“RCRA” means the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as amended.
“Sewage” means excrement and gray water (household showers, dish washing operations, etc.).
“Significant industrial user (SIU)” means, except as provided in subsections (3) and (4) of this definition:
1. An industrial user subject to categorical pretreatment standards; or
2. An industrial user that:
a. Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
c. Is designated as such by WCW on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
3. WCW may determine that an industrial user subject to categorical pretreatment standards is a nonsignificant categorical industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons (gpd) of total categorical wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
a. The industrial user, prior to WCW’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
b. The industrial user annually submits the certification statement required in Section 6.14B (see 40 CFR 403.12(q)), together with any additional information necessary to support the certification statement; and
c. The industrial user never discharges any untreated concentrated wastewater.
4. Upon a finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, WCW may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
“Significant noncompliance” means one or more of the following:
1. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or pretreatment requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
2. Technical review criteria (TRC) violations, defined as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or pretreatment requirement including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment standard or pretreatment requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that WCW 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);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment, or has resulted in WCW’s exercise of its emergency authorities under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
5. 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;
6. Failure to provide, within 30 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;
7. Failure to accurately report noncompliance; and
8. Any other violation or group of violations, which may include violation of best management practices, which WCW determines will adversely affect the operation or implementation of its pretreatment program.
“Slug discharge” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Chapter 3.45 WCWDC. 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 in any other way violate the POTW’s regulations, local limits or permit conditions.
“Standard industrial classification (SIC)” means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
“State” means the state of California.
“Storm water” means any flow occurring during or following any form of natural precipitation and resulting therefrom.
“Subdivider” means any person commencing proceedings under this title for connection of any subdivision to the sewerage system of the district.
“Subdivision” means any piece or parcel of land proposed to be divided under the provisions of the Subdivision Map Act of the state of California.
“Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
“Tentative map” means a preliminary map or plan showing the design of a proposed subdivision together with the proposed improvements and additions to the public sewer system required for services.
“Toxic pollutant” means any pollutant or combination of pollutants listed in Appendix A.1
“Trap” means a cast iron or stainless steel containment device used for trapping substances and to prevent grease, sand or flammable liquids from entering the sewerage system.
“Treatment plant” means any facility owned by WCW that is designed to provide treatment to wastewater.
“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with 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 preventive maintenance, or careless or improper operation.
“User” means any person who contributes or causes the contribution of wastewater into WCW facilities.
“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any ground water, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter WCW’s facilities.
“Wastewater discharge permit” means as set forth in WCWDC 3.40.040.
“Waters of the state” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. [Ord. 2023-003 § 1.120]
3.05.130 Abbreviations.
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
CIU – Categorical Industrial User
CCR – California Code of Regulations
CFR – Code of Federal Regulations
COD – Chemical Oxygen Demand
EPA – Environmental Protection Agency
FOG – Fats, Oils and Grease
FSE – Food Service Establishment
L – Liter
Mg – Milligrams
mg/L – Milligrams per Liter
NPDES – National Pollutant Discharge Elimination System
NSCIU – Nonsignificant Categorical Industrial User
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
SIC – Standard Industrial Classification
TSS – Total Suspended Solids
USC – United States Code
WCW – West County Wastewater
[Ord. 2023-003 § 1.130]
The appendix referenced herein is available at the district office for review.