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A. Unless the context otherwise indicates, the following words and phrases shall, for the purposes of this code, have the meanings respectively ascribed to them by this section:

“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“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 representative of industrial user” means one of the following:

1. A principal executive officer of at least the level of vice president, if the industrial user is a corporation;

2. A general partner or proprietor of the industrial user is a partnership or proprietorship respectively; or

3. A duly authorized representative of the individual designated in this subsection, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.

“Best management practices” (BMP) means pollution control practices designed to reduce the pollutants contained in discharges.

“Biochemical oxygen demand” (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in terms of weight and concentration (milligrams per liter).

“Board” means the Board of Directors of the Santa Cruz County Sanitation District.

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

“Building Drain” means that part of the lowest horizontal piping of a wastewater drainage system which receives the discharge from soil and waste pipes inside the walls of the building and conveys it to the Building Sewer beginning two feet outside the building wall. (Ord. 141 §1, 2019)

“Building Sewer” (Private Sewer Lateral) means that part of wastewater piping of a wastewater drainage system that extends from the end of the Building Drain and that receives the discharge of the Building Drain and conveys it to a public Sewer Main; includes: clean outs, overflow valves, backflow valves, wye branches, connection to Sewer Main, forced sewer piping, gravity sewer piping , and appurtenances. (Ord. 141 §1, 2019)

“Categorical industry” means those industrial dischargers subject to final regulations promulgated and adopted by the EPA as referenced in the categorical standards (40 CFR Chapter 1, Subchapter N, Parts 405 – 471).

“City” means the City of Santa Cruz.

“Commercial user” means any commercial business not in an industrial classification.

“Compatible pollutant” means BOD, suspended solids, pH, grease and oil, fecal coliform bacteria, and such additional pollutants as are now, or may be in the future, specified and controlled in County/City’s NPDES permit or by the EPA or SWQCB for its wastewater treatment works where the works have been designed and used to reduce or remove such pollutants.

“Composite sample” means a twenty-four-hour, flow-proportional composite sample. Sampling may be done manually or automatically, and discretely or continuously. For discrete sampling, at least eight aliquots shall be composited. Discrete sampling may be flow-proportioned either by varying the time interval between each aliquot or the volume of each aliquot. Where flow-proportional composite sampling is not feasible, the District may waive the flow-proportional requirement providing that a minimum of eight time proportional samples are taken.

“Connector” means any owner of any premises connected to the sewer system.

“Contractor” means any person, firm, corporation, partnership, or association duly licensed by the State of California to perform the type of work to be done on sewage facilities.

“Conventional pollutant” means those pollutants which are usually found in domestic, commercial or industrial wastes such as suspended solids, biochemical oxygen demand (BOD), pathogenic (disease-causing) organisms, adverse pH levels, and oil and grease.

“Cooling water” means 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” means the County of Santa Cruz, California.

“Director” means the Director of Public Works of the County of Santa Cruz or his or her representative.

“District” means the Santa Cruz County Sanitation District.

“District Engineer” means the Director of the Department of Public Works of the County or any person designated by the Board.

“Domestic waste” means liquid wastes (1) from noncommercial preparation, cooking and handling of food, or (2) containing human excrement and similar matter from the sanitary conveyances of dwellings, commercial buildings, industrial facilities, and institutions.

“Dry weather diversion” means the diversion of non-storm water runoff into the sanitary sewer during the dry season (approximately May to October).

“Duly authorized representative” means an individual or position having responsibility for the overall operation of the facility.

“Garbage” means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food.

“Grab sample” means an individual sample collected over a period of time, not exceeding fifteen minutes.

“Groundwater pump and treat sites” means those sites that are extracting groundwater to the surface where contaminants are removed, or the water is treated, and then pumping the clean groundwater into the sanitary sewer.

“Hazardous waste” means either of the following:

1. A waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may either:

a. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

2. A waste which meets any of the criteria for the identification of a hazardous waste adopted by the District pursuant to Section 25141.

a. “Hazardous waste” includes, but is not limited to, RCRA hazardous waste.

b. Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste.

“House sewer” means that portion of the building sewer within private property.

“Incompatible pollutant” means any pollutant which is not a “compatible pollutant” as defined in this section or designated by the District.

“Indirect discharge” means introduction of pollutants into a POTW from any nondomestic source regulated under Section 307 (b), (c), or (d) of the Act.

“Industrial user” means a source of indirect discharge.

“Industrial wastewater” means wastewater from any producing, manufacturing or processing operation of whatever nature, including institutional, agricultural, and commercial operations where the water is used for removal of waste other than from human habitation of premises connected to the publicly owned wastewater treatment system and including, without limitation: medical offices; dental offices; hospitals; schools; research, education and commercial laboratories; warehouses; shopping centers; car washes; print stores; residential, commercial and public uses of pesticides and fertilizers; gas stations; restaurants; and septage collection and disposal. Industrial wastewater may also mean from any source including industrial plant or facility which introduces conventional (including oxygen demanding wastes) and nonconventional pollutants. These pollutants include hazardous substances as designated in 40 CFR 116 and 40 CFR Part 401.

“Installer” means any person who installs Sewer Mains within the District for connection to the District sewer system. (Ord. 141 §1, 2019)

“Interceptor” means a device designed and installed so as to separate and retain prohibited, deleterious, hazardous, or undesirable matter from wastewater and to permit the wastewater to discharge to the POTW. “Interceptor” includes but is not limited to grease interceptors, grease traps, sand interceptors, and clarifiers.

“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

1. Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

2. Therefore, is a cause of a violation of any requirement of POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder:

a. Section 405 of the Clean Water Act;

b. The Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA)) and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA;

c. The California Domestic Water Quality and Monitoring Regulations (Title 22 of the California Administrative Code);

d. The Clean Air Act;

e. The Toxic Substances Control Act;

f. The Marine Protection, Research and Sanctuaries Act.

“Lateral sewer” means that portion of the building sewer within County right-of-way or easement.

“Lower explosive limit (LEL)” of a compound means the minimum concentration of the compound as a gas or vapor, measured as a percent in air, which will explode or burn.

“Main sewer” means a public sewer designed to accommodate more than one building sewer.

“Mass emission rate” means 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.

“National Pollutant Discharge Elimination System (NPDES)” means the program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable waters, the contiguous zone, and the oceans pursuant to Section 402 of the Act.

“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 which will be applicable to such source if such standards are thereafter promulgated, 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 of this definition 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 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 definition.

“Non-storm water runoff” means any discharge to the storm drain system that is not composed entirely of storm water.

“Nuisance” means damage to the community resulting from any discharge in violation of the provisions of this chapter or an order of the District Board.

“Oil and grease” is any material recovered as a substance soluble in trichlorotrifluoroethane.

“Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” means any individual, partnership, co-partnership, firm, company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.

“pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.

“Premises” means any lot, parcel of land, building, or establishment.

“Pretreatment” means application of physical, chemical and 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 publicly owned wastewater treatment system.

“Pretreatment standards” means all applicable Federal rules and regulations implementing Section 3-07 of the Clean Water Act including, but not limited to, 40 CFR Chapter I, Parts 405 through 4741, as well as any State or Local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.

“Private Sanitary Sewer Collection System” means a sewer collection system serving any commercial business, any sewer collection system serving four or more units including but not limited to: apartment complexes, mobile home parks, condominiums, cooperative apartment buildings, as well as any sewer collection system with a privately owned and maintained sewer lift station. (Ord. 141 §1, 2019; Ord. 123 §1 & 2, 2010)

“Private Sewer” means a sanitary sewer privately owned and not maintained by the public authority/District. (Ord. 141 §1, 2019)

“Private Sewer Lateral” means Building Sewer. (Ord. 141 §1, 2019; Ord. 123 §3, 2010)

“Public Sewer” means a sanitary sewer which is maintained by the District. (Ord. 141 §1, 2019)

“Publicly owned treatment works (POTW)” means a treatment works as defined by Section 212 of the Act, which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to the facility providing treatment.

“Sanitary Sewer” means a sewer which carries sanitary sewage and/or industrial wastewater and to which storm, surface and ground waters are not intentionally admitted.

“Sewage, domestic” means a combination of liquids or water carrying human waste from residential, business or industrial buildings.

“Sewer” means a conduit for carrying off sewage.

“Sewer Main” means a Public Sewer designed to accommodate more than one Building Sewer. (Ord. 141 §1, 2019)

“Significant Industrial Discharger” means any industrial user of the City’s wastewater treatment system who meets one or more of the following (Ord. 141 §1, 2019):

1. Has a discharge flow of twenty-five thousand gallons or more per average work day;

2. Has a flow greater than five percent of the flow in the City’s wastewater treatment system;

3. Has in its waste, toxic pollutants as defined pursuant to Section 307 of the Act;

4. Is found by the City, County, SWQCB, or the US EPA to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system;

5. A waste stream discharge which makes up five percent or more of the average dry weather hydraulic or organic (BOD, TSS, etc.) capacity of the wastewater treatment system.

“Significant noncompliance” means user violations which meet one or more of the following criteria:

1. Violations of wastewater discharge limits:

a. Chronic Violations. Sixty-six percent or more of all the measurements taken for the same pollutant parameter exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of concentration over the most stringent limit) a numeric pretreatment standard or requirement, including instantaneous limits.

b. Technical Review Criteria (TRC) Violations. Thirty-three percent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC.

i. Group I TRC for conventional pollutants (BOD, TSS, fats, oil, and grease) TRC = 1.4

ii. Group II TRC for all other pollutants except pH TRC = 1.2

2. Violations of compliance schedule milestones for starting construction, completing construction and attaining final compliance by ninety days or more after the schedule date.

3. Failure to provide reports for compliance schedules, self-monitoring data or categorical standards (baseline monitoring reports, ninety-day compliance reports and periodic reports) within forty-five days of the due date.

4. Failure to accurately report noncompliance.

5. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the District determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the POTW personnel or the general public.

6. Any discharge of pollutants that have caused imminent endangerment to human health, welfare or to the environment or has resulted in the District’s exercise of its emergency authority to halt or prevent such a discharge.

7. Any other violation or group of violations, which may include a violation of best management practices which the District determines will adversely affect the operation or implementation of the local pretreatment program.

“Slug loading” means either:

1. Any discharge of pollutants at a volume or concentration that causes upset of or interference with the POTW or causes the pass through of pollutants to receiving waters; or

2. Any discharge of a pollutant(s), measured by a grab sample, at a concentration exceeding five times the composite or grab sample discharge limit; or

3. Any discharge of wastewater outside the pH range of five through ten for either a continuous duration of greater than or equal to fifteen minutes or for a sum-total of thirty minutes within one day.

“Storm drain” or “storm drain system” means collectively any street, gutter, conduit, natural or artificial drain, channel, and watercourse, or other facility that is owned, operated, maintained, or controlled by the County and used for the purpose of collecting, storing, transporting, or disposing of runoff.

“Storm water” means rainwater, surface water, groundwater, roof runoff, and subsurface drainage.

“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.

“Unit” or “dwelling unit” means a separate living quarters for one or more persons having separate kitchen facilities and/or toilet facilities.

“Unpolluted water” means water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.

“User” means any person who discharges, causes or permits the discharge of wastewater into the District’s sewer system.

“User classification” means a classification of user based on the latest edition of the Standard Industrial Classification (S.I.C.) Manual prepared by the Office of Management and Budget.

“Wastewater” means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the District’s sewer system.

“Wastewater treatment plant” means POTW.

“Wastewater treatment system” means any devices, facilities, structures, equipment, or works owned or used by the District or the City of Santa Cruz for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements used 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 a part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

“Water quality requirements” means requirements for the District or City’s wastewater treatment system effluent established by the NPDES permit, or by State or Federal regulatory agencies for the protection of receiving waste quality. Water quality requirements include effluent limitations and waste discharge standards, limitations or prohibitions which may be established or adopted from time to time by State and Federal laws or regulatory agencies.

“Work” means any work directly involved with the sewers.

B. Additional Definitions. For the purpose of this chapter, additional terms shall have the meaning indicated in the latest edition of the “California Plumbing Code” adopted by the California Building Standards Commission, copies of which are on file with the District Engineer. (Ord. 141 §1, 2019)

C. Terms not otherwise defined herein shall be as adopted in the latest publication of 40 CFT 403 or the latest edition of “Standard methods for the Examination of Water and Wastewater,” published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation or the California Plumbing Code. (Ord. 141, 2019; Ord. 139 §2, 2019; Ord. 137 §2, 2017; Ord. 116 §1, 2006; Ord. 111 §1; Ord. 103 §1, 2002; Ord. 98 §5, 1999; Ord. 85 §1, 1995; Ord. 72 §1, 1991; Ord. 64 §1; Ord. 37 §1, 1983; Ord. 15 §1, 1975; Ord. 3 §§2.1-2.52, 1973)