§ 13.06.011. Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

A.

"Act" - The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.

B.

"Additive" - Any material put into a grease interceptor (GI) or any drain lines or appurtenances discharging to a GI intended in any way to modify the operation of the GI.

C.

"AKART" - All known available and reasonable treatment technology.

D.

"Applicable Pretreatment Standards" - For any specified pollutant, the City's prohibitive discharge standard, the City's specific limitations on discharge, the State of Washington pretreatment standards, or the National Categorical Pretreatment Standards (when effective), whichever standard is most stringent.

E.

"Authorized or duly authorized representative of the user"

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 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 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 control mechanism 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 regulated facility, or their designee.

4.

The individuals described in paragraphs 1. through 3., above, 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.

F.

"Automatic grease interceptor (AGI)" - A GI that has provision to automatically remove separated FOG and/or settled solids from the tank and collect them for disposal.

G.

"Biochemical oxygen demand or BOD" - 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).

H.

"Best Management Practices or BMPs" - means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 13.06.030.A. and B. [40 CFR 403.5(a)(1) and (b)]. 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.

I.

"Categorical Pretreatment Standard or Categorical Standard" - Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

J.

"Categorical industrial user" - An industrial user subject to a categorical pretreatment standard or categorical standard.

K.

"City" - City of Port Angeles, Washington.

L.

"Composite sample" - A composite of several samples taken throughout the period of a day when a regulated discharge is occurring. Several brands of electric samplers, some with a refrigerated sample collection area, may be used. Approvable composite samplers may either use a flow paced or time paced algorithm.

M.

"Daily limit or daily maximum limit" - The maximum allowable discharge of a pollutant over a calendar day or equivalent representative 24-hour period.

N.

"Director" - The City of Port Angeles' Public Works and Utilities Director. The term also means a duly authorized representative of the Director. Whenever in this chapter the Director is given authority to establish limits, extend or shorten time, make a determination or finding, or make other decisions, he shall do so within the bounds of applicable local, state, and federal law and in accordance with BMPs.

O.

"Discharger" - Any non-residential user who, by any means, discharges an effluent into a POTW.

P.

"Environmental Protection Agency" - The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official.

Q.

"Existing source" - Any source of discharge subject to categorical standards that does not meet the definition of a "new source."

R.

"Fats, oils, and grease (FOG)" - The term fats, oils, and grease shall mean those components of wastewater amenable to measurement by the methods described in "Standard Methods for the Examination of Water and Wastewater," latest approved edition, or other methods approved by 40 CFR 136. For the purposes of this chapter, the term fats, oils and grease shall include polar (animal-based and plant-based) and other components extracted from wastewater by these methods, excluding the non-polar (petroleum-based) fraction.

S.

"Food service establishment (FSE)" - Any establishment, commercial or noncommercial, primarily engaged in the preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing more than two days per week and that discharges to the POTW.

T.

"Grab sample" - A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

U.

"Gravity grease interceptor" - Any relatively large in-ground or above ground tank, generally, but not always, of precast concrete, with internal plumbing and baffling intended to act as a GI or AGI to serve one or more fixtures and that is remotely located.

V.

"Grease interceptor (GI)" - Any device designed for, and intended for, separating, collecting, and removing waterborne FOG and settleable solids prior to discharging to the POTW. This includes any AGI.

W.

"Hydro-mechanical grease interceptor" - Any relatively small appurtenance, generally, but not always, of cast iron or fabricated steel, with internal configuration and internal or external flow control, intended to function as a GI or AGI. All hydro-mechanical grease interceptors must be PDI or IAPMO approved.

X.

"Indirect discharge" - The discharge or the introduction of pollutants into the POTW from any non-domestic source regulated under Sections 307(b), (c) or (d) of the Act.

Y.

"Industrial user" or "user" - A source of indirect discharge. Any non-domestic source regulated under Sections 307(b), (c) or (d) of the Act. Any non-domestic source which has the potential to discharge wastewater to the POTW which could: pose a hazard to City staff or the POTW; pass through the POTW untreated or inadequately treated; interfere with operation of the POTW or the use and re-use of reclaimed water or sludge; or cause the City to violate any terms or limits of its NPDES permit.

Z.

"Industrial waste" - Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade or business process or from the development, recovery or processing of natural resources.

AA.

"Instantaneous maximum discharge limit" or "instantaneous limit" - The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a discrete sample. Where a user is required to take a grab sample for purposes of determining compliance with local limits, this standard is the same as the daily maximum standard. For pollutants for which users are required to take composite samples, (or for metals if no permit has been issued) the instantaneous limit shall be twice the daily limit.

BB.

"Interference" - A discharge which causes (either by itself or in combination with other discharges) a violation of the City's NPDES permit or prevents the intended sewage sludge use or disposal by inhibiting or disrupting the POTW, including its collection systems, pump stations, and wastewater and sludge treatment processes. An example is a discharge from a user which causes a blockage resulting in a discharge at a point not authorized under the City's NPDES permit.

CC.

"Local limits" - Effluent limitation developed for users by the director to specifically protect the POTW from the potential of pass through, interference, vapor toxicity, explosions, sewer corrosion, and contaminations of biosolids. Such limits shall be based on the POTW's site-specific flow and loading capacities, receiving water considerations, and reasonable treatment expectations for non-domestic wastewater.

DD.

"May" - Is permissive (see "shall").

EE.

"Medical waste" - 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.

FF.

"Minor industrial user (MIU)" - A non-categorical industrial or commercial user of the POTW that does not qualify as a significant industrial user, but that operates facilities that:

1.

Have some discharges of wastewater that could cause detectably elevated concentrations of metals or toxics in the pretreatment quarterly analysis; or

2.

Have a discharge of small quantities of dangerous waste to the POTW which have been excluded from regulation under Chapter 173-303 WAC, or its successors, through the domestic sewage exclusion; or

3.

Have a potential to discharge or spill chemicals to the POTW.

GG.

"Monthly average" - The arithmetic mean of the effluent samples 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.

HH.

"Monthly average limit" - The limit to be applied to the monthly average to determine compliance with the requirements of this chapter (see section 13.06.045 for listing).

II.

"Natural outlet" - Any outlet, including storm sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.

JJ.

"New source" -

1.

Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c), or its successors, of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a.

The building, structure, facility, or installation is constructed at 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 subsections (1)(b) or (c) above, but otherwise alters, replaces, or adds to existing process or production equipment.

3.

Construction of a new source 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 that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

KK.

"Non-FSE FOG discharger (NFD)" - Any establishment, such as a church, synagogue, worship hall, banquet facility, or meeting space, with a commercial-style kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing two days a week or less and that discharges to the POTW.

LL.

"Non-significant industrial user (NSIU)" - A non-categorical industrial or commercial user of the POTW that does not qualify as a significant industrial user or minor industrial user, and that operates facilities that:

1.

Have no discharges of wastewater that could cause detectably elevated concentrations of metals or toxics in the pretreatment quarterly analysis; and

2.

Have no discharge of dangerous waste to the POTW which have been excluded from regulation under Chapter 173-303 WAC, or its successors, through the domestic sewage exclusion; and

3.

Have little or no potential to discharge or spill chemicals to the POTW.

MM.

"NPDES" - National Pollutant Discharge Elimination System permit program as administered by the USEPA or State.

NN.

"O and M" - Operation and maintenance.

OO.

"Occasional User" - A person who does not normally discharge to the POTW, but from time-to-time has a need to discharge hauled waste. Occasional users are required to obtain a discharge permit from the director, in accordance with Sections 13.06.080(F) through 13.06.080(H) of this chapter.

PP.

"Other User" - a non-domestic user not fitting the descriptions of a significant industrial user, minor industrial user, non-significant industrial user, occasional user, septic waste hauler, yet requiring some kind of best management practices to carry out the purposes of this chapter.

QQ.

"Other wastes" - Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes.

RR.

"Pass through" - A discharge that exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magnitude or duration of a violation.

SS.

"Person" - 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.

TT.

"pH" - A measure of the acidity or alkalinity of a solution, expressed in standard units.

UU.

"POTW (public owned treatment works)" - A treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), that 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, that convey wastewater to a treatment plant.

VV.

"Pollutant" - 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, temperature, TSS, turbidity, color, BOD, carbonaceous oxygen demand, toxicity, or odor).

WW.

"Pretreatment" - 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 can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

XX.

"Septage" - Hauled domestic waste from residential and commercial on-site septic systems, and food service establishment grease interceptors.

YY.

"Sewage" - Water-carried human wastes or a combination of water-carried wastes from residence, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.

ZZ.

"Sewer" - Any pipe, conduit, ditch or other device used to collect and transport sewage or stormwater from the generating source.

AAA.

"Shall" - Is mandatory.

BBB.

"Significant industrial user (SIU)" - Except as provided in paragraph 3. below, a significant industrial user is:

1.

A user subject to categorical pretreatment standards; or

2.

A user that:

a.

Discharges an average of 25,000 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 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.

3.

Upon a finding that a user meeting the criteria in paragraph 2. above 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), or its successors, determine that such user should not be considered a significant industrial user.

CCC.

"Slugload" or "slug discharge" - Any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary 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 that could cause a violation of the prohibited discharge standards of section 13.06.030 of this chapter.

DDD.

"Stormwater" - Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

EEE.

"Suspended solids" - The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

FFF.

"Toxic pollutants" - Those substances, and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307, or its successors, of the Clean Water Act.

GGG.

"Upset" - An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this chapter due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

HHH.

"User" or "industrial user" - A source of indirect discharge. Any non-domestic source regulated under Sections 307(b), (c) or (d) of the Act. Any non-domestic source which has the potential to discharge wastewater to the POTW which could: pose a hazard to City staff or the POTW; pass through the POTW untreated or inadequately treated; interfere with operation of the POTW or the use and re-use of reclaimed water or sludge; or cause the City to violate any terms or limits of its NPDES permit.

III.

"Wastewater" - Industrial waste, or sewage or any other waste including that which may be combined with any groundwater, surface water or stormwater, that may be discharged to the POTW.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)