13.90.040 Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
“Act,” “the Act,” or “CWA” means the Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC § 1251 et seq.
“Applicable pretreatment standards” means, for any specified pollutant, the more stringent of the City’s prohibitive discharge standard, local limit, or categorical pretreatment standard, and any other local, state, or federal standard.
“Approval authority” means the Washington State Department of Ecology, Water Quality Program Manager.
“Authorized or duly authorized representative of the user” means:
(a) If the user is a corporate entity:
(i) The president, manager, member secretary, treasurer, or a vice president or manager in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporate entity; or
(ii) The manager of one or more manufacturing, production, or operating facilities; provided, that the manager is: authorized to make management decisions which 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 provide long term environmental compliance with environmental laws and regulations; can provide that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism 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 limited partnership or sole proprietorship: a general partner, 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), (b), or (c) of this definition, 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.
“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in PMC 13.90.050 and 13.90.060 as well as 40 CFR § 403.5(a)(1) and (b). BMPs may also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, drainage from raw materials storage, FOG (fats, oils, or greases) waste management, or mercury waste management.
“Biochemical oxygen demand (BOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).
“Biosolids” means municipal sludge that meets federal and state standards for beneficial use application to the land.
“Bypass” means the intentional diversion of wastestreams from any portion of the pretreatment or treatment process.
“Categorical pretreatment standard or categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
“Categorical industrial user (CIU)” means an industrial user subject to a categorical pretreatment standard or categorical standard.
“Chemical oxygen demand” means a measure of the decomposable substances in water or wastewater which uses a chemical oxidant instead of bacteria as in the BOD5 test.
“City” means the City of Pasco or the City Council of the City of Pasco, or its authorized officer, employee, agent, or representative.
“Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.
“Composite sample” means a representative composite of samples of a wastestream taken throughout the period of a day when discharges are produced by a regulated activity. Samplers and sample techniques are subject to approval by the Public Works Director. Composite samplers must interface with a flow metering device to produce a representative “flow proportionate” composite sample unless the Public Works Director has determined that flow proportionate samples are not required or the analyte is not amenable to composite sampling (pH, temperature, oil, etc.).
“Control authority” means the local government entity recognized by Washington State Department of Ecology or the EPA with the responsibility to enforce the pretreatment program applicable to an area with flows received at the POTW.
“Conventional pollutants” means pollutants typical of municipal sewage and defined as BOD, TSS, fecal coliform, pH, and oil/grease (40 CFR § 401.16).
“Daily concentration” means the concentration obtained through analysis of a composite sample of all discharges over a day (or 24-hour period) or the average of all discrete samples taken over such period.
“Daily limit (maximum daily limit or MDL)” means the maximum allowable discharge of a pollutant over a calendar day or equivalent 24-hour period. Where daily limits are expressed in units of mass, compliance is the product of the daily concentration and the flow over the same period.
“Department of Ecology (DOE)” means the Washington State Department of Ecology.
“Discharge monitoring report (DMR)” means a report submitted by a permittee (usually monthly or quarterly), which gives the results of the monitoring tests performed.
“Discrete sample” means a single sample of wastewater taken at neither set time nor flow. Also known as a grab sample or single sample.
“Domestic publicly owned treatment works” means that portion of the POTW intended primarily for the collecting, pumping, treating, and disposing of domestic wastewater.
“Domestic wastewater” means wastewater of a similar volume and chemical makeup to that from a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 900 cubic feet of flow per month, with a concentration of up to 300 mg/l of BOD, 300 mg/l TSS, and 60 mg/l ammonia.
“Draft permit” means a document, usually in the form of a permit, which indicates a decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A proposed permit is not a draft permit (40 CFR § 122.2).
“Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official.
“Existing source” means any source of discharges subject to pretreatment standards and discharging prior to the promulgation of those standards or otherwise not meeting the definition of a “new source” in this section.
“General permit” means a wastewater discharge permit issued to a group of users with similar types of operations, waste discharges, limits, and monitoring requirements; must meet all applicable requirements for a wastewater discharge permit. See “wastewater discharge permit.”
“Grab sample” means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source subject to this chapter, Section 307(b), (c), or (d) of the Act, or any other state or federal regulations.
“Industrial wastewater” means water or liquid-carried waste from commercial or industrial processes, as distinct from domestic wastewater. These wastes may result from any process or activity of industry, manufacture, trade or business, from the development of any natural resource, or from animal operations such as feed lots, poultry houses, or dairies. The term includes contaminated storm water and, also, leachate from solid waste facilities.
“Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a discrete sample. For analytes for which users must take a grab sample for compliance purposes, this standard is the same as the MDL standard. For all other pollutants the instantaneous limit shall be twice the daily limit.
“Interference” means a discharge which causes (either by itself or in combination with other discharges) a violation of the City’s NPDES permit, SWD permit, or prevents the intended biosolids sludge use or disposal by inhibiting or disrupting the POTW, including its collection systems, pump stations, and wastewater and sludge treatment processes. For example, a discharge from a user which causes a blockage resulting in a discharge at a point not authorized under the City’s NPDES permit or SWD permit.
“Local limits” means effluent limitations developed for users by the Public Works Director to specifically protect the POTW from the potential of pass through, interference, vapor toxicity, explosions, sewer corrosion, and intended biosolids uses. Such limits shall be based on the POTW’s site-specific flow and loading capacities, receiving water and/or receiving land considerations, and reasonable treatment expectations for nondomestic wastewater. See PMC 13.90.080, 13.90.090 and 13.90.100 for a full list of local limits.
“Lower explosive limit (LEL)” means the lowest concentration of a gas-in-air mixture at which the gas can ignite.
“Maximum allowable discharge limit” means the maximum concentration (or loading) of a pollutant allowed to be discharged by a user at any time, determined from the analysis of a discrete or composite sample collected.
“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.
“Monthly average” means the arithmetic mean of the monitoring sample results collected during a calendar month or specified 30-day period. Where the control authority has taken a sample during the period, it must be included in the monthly average if provided in time. However, where composite samples are required, grab samples taken for process control or by the control authority are not to be included in a monthly average.
“Monthly average limit” means the limit to be applied to the Monthly Average to determine compliance with the requirements of this chapter.
“National Pollutant Discharge Elimination System (NPDES)” means a national program under Section 402 of the Act for regulation of discharges of pollutants from a point source to waters of the United States. Discharges are illegal unless authorized by an NPDES permit. The authority for issuing these permits has been delegated to the state. NPDES permits issued by state permit writers are NPDES/state permits issued under both federal and state law.
New Source.
(a) A facility whose construction began after categorical pretreatment standards applicable to its operations were proposed and with a real or potential discharge; provided, that the facility is:
(i) Constructed at a site at which no other source is located;
(ii) Totally replaces the process or production equipment that generates regulated process wastestreams at an existing source; or
(iii) The new processes are substantially independent of an existing source at the same site.
(b) Construction on a site with an existing source does not make the source a new source if the construction merely alters, partially replaces, or adds to an existing process or production equipment.
(c) Construction of a new source is considered to have begun when the owner or operator either began significant site preparation work, including earthwork or removal of structures, to allow the new facilities or equipment, began constructing a facility or emplacing equipment, or entered into a binding contract to purchase necessary facilities or equipment within a reasonable time prior to operation.
Users must provide documentation sufficient to conclusively substantiate any existing source claim with their initial permit application. Once categorized as a new source, users may not assert “existing source” status in subsequent permit renewals.
“Noncontact cooling water” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
“Nonconventional pollutants” means any pollutants which are not defined as “conventional pollutants” or “toxic pollutants.” Includes pollutants such as COD, nitrogen, phosphorus, and fluoride.
“Pass through” means a discharge which exits the POTW into waters or environment 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 City’s NPDES permit or SWD permit, including an increase in the magnitude or duration of a violation.
“Permit” means an authorization, license, or equivalent control document issued by EPA or an approved state or local agency to implement the requirements of 40 CFR § 122.2 and Parts 123 and 124. Permit includes any NPDES general permit or SWD permit. Permit does not include any proposed or draft permit which has not yet been the subject of public comment, EPA, or state review, if necessary.
“Permittee” means any person or user issued a wastewater discharge permit.
“Person” means any individual, partnership, co-partnership, limited liability company, 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.
“pH” means a measure of the acidity or alkalinity of a solution, expressed in standard units ranging from 0 to 14. A solution with a pH of seven is neutral; a pH less than seven is acidic; and a pH greater than seven is alkaline (or basic).
“Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, TSS, turbidity, color, BOD, COD, toxicity, or odor).
“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration of pollutants can be obtained by physical, chemical, or biological processes, by process changes, or by other means, except diluting the concentration of pollutants unless allowed by an applicable pretreatment standard. Dilution is not considered pretreatment.
“Pretreatment requirements” means any substantive or procedural requirement related to pretreatment imposed on a user other than a pretreatment standard such as the proper operation of pretreatment devices, recordkeeping, and reporting.
“Pretreatment standards or standards” means discharge prohibitions (PMC 13.90.050), categorical pretreatment standards (PMC 13.90.060), state pretreatment standards (PMC 13.90.070), local limits (PMC 13.90.080 and 13.90.090), and site-specific limits based on potential for vapor toxicity, explosion, sewer corrosion, or other detrimental effects to the POTW.
“Primary industry categories” means a group of 34 industry groups for which EPA has developed or will develop effluent guidelines (40 CFR Part 122 Appendix A).
“Priority pollutant (toxic pollutant)” means a group of chemicals specifically listed in the Code of Federal Regulations and with priority for regulatory control (40 CFR § 401.15).
“Process wastewater” means any water which, during manufacturing or processing, comes into direct contact with, or results from, the production or use of any raw material, intermediate product, finished product, byproduct, or waste.
“Proposed permit” means a permit prepared after the close of the public comment period (and when applicable, any public hearing and administrative appeals) which is sent to the approval authority for review before final issuance by the control authority. A proposed permit is not a draft permit (40 CFR § 122.2).
“Publicly owned treatment works (POTW)” means a treatment works, as defined by Section 212 of the Act (33 USC § 1292), which is owned by the City. 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. This term refers to both the treatment works for the domestic wastewater and the treatment works for the industrial wastewater.
“Public Works Director” means the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the Public Works Director.
“Schedule of compliance” means a schedule of remedial measures included in a permit or an enforcement order, including an enforceable sequence of actions or operations leading to compliance with the effluent limitation, other limitation, prohibition, or standard (CWA § 502, 40 CFR § 122.47).
“Septic tank waste (septage)” means sewage and typically associated solids from domestic activities pumped from a septic tank serving one or more private residences. The Public Works Director may also consider wastes from other holding tanks such as boat blackwater, bilge water, cesspools, and treatment lagoons to be septic tank waste so long as they are absent chemicals which might inhibit biological activity.
“Sewage” means human excrement and gray water (from household showers, toilets, kitchens, clothes and dish washing, and related domestic activities).
“Significant industrial user (SIU)” is, except as provided in subsection (c) of this definition:
(a) A user subject to categorical pretreatment standards; or
(b) A user that:
(i) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(ii) Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(iii) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(c) Upon a finding that a user meeting the criteria in subsection (b) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a 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.
“Slug load” or “slug discharge” means 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. This includes discharges at a flow rate or concentration which could cause a violation of the prohibited discharge standards of PMC 13.90.050 through 13.90.140.
“Soluble BOD5” means the BOD5 test run on a sample of water that has been filtered through a TSS filter.
“State” means the State of Washington.
“State Environmental Policy Act (SEPA)” means a state law which requires an examination of the environmental effects of development projects (Chapter 43.21 RCW, Chapter 197-10 WAC).
“State waste discharge permit (SWD)” means a wastewater discharge permit issued under state authority (Chapter 90.48 RCW) to control the discharge of pollutants to waters of the state. Generally issued for discharge to groundwater and for industrial discharges to a municipal sewage system when that municipal system does not have a delegated pretreatment program.
“State waters” means lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the State of Washington.
“Storm water” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
“Total suspended solids (TSS)” means 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.
“Toxic pollutant” means those pollutants listed in the federal priority pollutant list (40 CFR § 423, Appendix A) and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307 of the Act (33 USC § 1317).
“Upset” means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth herein due to factors beyond the reasonable control of the permittee. An upset does not exclude noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation thereof.
“User” or “industrial user” means a source of indirect discharge. Any person with a source of discharge that does not qualify as domestic wastewater who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, tank trucks, constructed drainage ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto, shall be considered a user.
“Wastewater” means 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.
“Wastewater discharge permit” means a document prepared by a permitting authority (federal, state, or local government) which limits the pollutants to be discharged by the holder of the permit (permittee).
“Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage or industrial waste. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.010(D).]