§ 12.12.020. Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

"Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1251 et seq.), in its current form or as it may be amended.

"Applicable pretreatment standards" for any specified pollutant means the city's specific limitations on discharge, the state standards, or the national categorical pretreatment standards (when effective), whichever standard is most stringent in a given situation.

"Authorized representative" means:

(1)

If the industrial discharger is a corporation, 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 the manager of one or more manufacturing, production, or operation 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 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 industrial discharger is a partnership or sole proprietorship, a general partner or proprietor, respectively;

(3)

If the industrial discharger 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 his/her designee;

(4)

The individuals described in subsections (1) through (3) 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.

"Backwater valve" means a device installed in a drainage system to prevent reverse flow.

"Best management practices" 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) and treatment requirements, operating procedures and practices to control facility site runoff, spills or leaks, sludge or waste disposal or drainage from raw materials storage.

"Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty (20) degrees Centigrade, expressed in milligrams per liter.

"Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharged, wastewater from inside the walls of the building and conveys it to the building sewer connection, beginning five feet outside the exterior face of the building wall.

"Building sewer" means the pipe that connects the city's sewer line to the building drain.

"Bypass" means the intentional diversion of wastestreams from any portion of an industrial discharger's treatment facility.

"Categorical pretreatment standards or categorical standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 1317) which apply to a specific category of industrial dischargers and which appear in 40 CFR Chapter I, subchapter N, Parts 405 through 471.

"CFR" means the Code of Federal Regulations.

"City" means the city of Union Gap or its authorized deputy, agent, or representative.

"Color" means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred (100) percent transmittance is equivalent to zero optical density.

"Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

"Discharger — industrial discharger or user" means any nondomestic user who discharges a liquid-carried effluent, or wastewater, into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, or any constructed devices and appliances appurtenant thereto. The term "industrial discharger" specifically includes commercial businesses that discharge wastewater other than domestic wastewater.

"Domestic discharger or user" means any single-family or multifamily residential customer or commercial business customer discharging domestic wastewater only.

"Domestic wastewater" means water from any domestic discharger or user carrying human waste, kitchen, bath and laundry waste, and housekeeping materials in volumes and/or concentrations normally associated with residential discharges, together with such groundwater infiltration or surface waters as may be present.

"Ecology" means the Washington State Department of Ecology.

"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 Regional Water Management Division Director or other duly authorized official of said agency.

"Existing discharger" or "existing user" means any discharger which was discharging wastewater prior to the effective date of this chapter.

"Existing source" means any source of discharge of wastewater, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

"Floatable oil" means fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility.

"Food processing" means the preparation of fruits or vegetables for human or animal consumption, including, but not limited to, the preparation of fruits or vegetables for wholesale or retail sale by washing and/or other processes.

"Food processing wastewater" means wastewater that contains wastes generated by food processing and that is discharged into the food processing wastewater system. "Food processing wastewater" does not include any domestic or industrial wastewater except as set forth above.

"Food processing wastewater sewer" means the system for the collection and treatment of food processing wastewater. This definition includes any devices or systems used in the collection, storage, treatment, recycling or reclamation of food processing wastewater and any conveyances that convey food processing wastewater to the food processing wastewater treatment plant.

"Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

"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 fifteen (15) minutes.

"Indirect discharge" means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b), (c), or (d) of the Act, into a POTW. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

"Industrial discharger" means "discharger — industrial discharger or user," as defined above.

"Industrial sewer" means a drain or sewer which carries industrial wastewater only, as distinct from "process sewer," "sanitary sewer" or "storm sewer."

"Industrial wastewater" means water or liquid-carried waste from any industrial, manufacturing, trade, or business which includes some combination of process wastewater, domestic wastewater, noncontact cooling water, contaminated stormwater, or contaminated leachates, as distinct from "domestic wastewater" or "process wastewater" or "noncontact cooling water."

"Interference" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the city sewer system, or which causes a violation of any requirement of the Regional Wastewater Treatment Plant's (WWTP) National Pollution Discharge Elimination System (NPDES) permit including an increase in the magnitude or duration of a violation or any increase in the cost of treatment of sewage or in the cost of sewage biosolids utilization or beneficial reuse in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations); Section 405 of the Clean Water Act (33 U.S.C. 1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.); any state regulations contained in any state biosolids management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 U.S.C. 7401 et seq.); the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.); and the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.).

"Lower explosive limit" or "LEL" means the lowest concentration of a gas-in-air mixture at which the gas can ignite.

"May" is permissive.

"Medical waste" means isolation wastes, infectious agents, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

"Mg/L" means milligrams per liter.

"Minor industrial discharger or user (MIU)" means a nondomestic discharger that meets one or more of the following criteria:

(1)

Discharges wastewater which meets, at least, one of the following criteria:

(A)

Daily average process wastewater flows exceed five thousand (5,000) gallons per day, but not more than twenty-five thousand (25,000) gallons per day (excluding domestic wastewater, and non-contact cooling water); or

(B)

Maximum daily discharge volume which exceeds one percent of the average dry weather hydraulic or organic capacity of the POTW; or

(2)

Is otherwise deemed by the city to be categorized as an MIU.

"Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

"New discharger" or "new user" means a user that is not regulated under federal categorical pretreatment standards but that applies to the city for a new building permit or occupies an existing building and plans to commence discharge of wastewater (other than domestic wastewater) to the city's collection system after the effective date of this chapter. Any person that buys an existing facility that is discharging non-domestic wastewater will be considered an "existing discharger" or "existing user" if no significant changes are made in the manufacturing operation.

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

(1)

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

(2)

The building, structure, facility or installation totally replaces the process that generates or causes the discharge of wastewater at an "existing source"; or

(3)

The production of 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.

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 paragraphs b or c above but otherwise alters, replaces, or adds to existing process or production equipment.

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

(1)

Begun, or caused to begin as part of a continuous onsite construction program:

(A)

Any placement, assembly, or installation of facilities or equipment; or

(B)

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

(2)

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.

"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. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

"Nondomestic discharger or user" means any discharger other than a domestic discharger (i.e., an industrial discharger or user).

"Nonresidential domestic discharger or user" means any domestic dischargers other than single-family or multifamily residential discharger or users.

"North American Industry Classification System (NAICS)" means a system used by business and government to classify and measure economic activity in Canada, Mexico, and the United States. It is in the process of replacing the older standard industrial classification (SIC) code system.

"O&M" means operation and maintenance.

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

"Pass through" means a discharge or pollutant which enters and subsequently exits the POTW into waters of the U.S. 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 Regional WWTP NPDES permit (including an increase in the magnitude or duration of a violation).

"Permit," unless the context clearly dictates otherwise, means a "wastewater discharge permit" as defined in this chapter.

"Permittee" means a person, discharger or user issued a wastewater discharge permit.

"Person" means 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 or local governmental entities.

"pH" means the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen-ion concentration of 10 ^-7 . pH is a measure of a substance's corrosivity (acidity or alkalinity).

"Pollutant" means any substance discharged into a POTW or its collection system which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological integrity of the water of the state, or would or be likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to any legitimate beneficial use, or to any animal life, either terrestrial or aquatic. Pollutants include, but are not limited to, the following: dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage biosolids, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand (COD), toxicity, and odor).

"POTW" means publicly owned treatment works (sometimes termed "wastewater facilities" or "wastewater treatment system" or "wastewater treatment works" or "water pollution control facility"). POTW designates a "treatment works" as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a wastewater treatment plant. The term also means the municipal entity having responsibility for the operation and maintenance of the treatment works.

"Pretreatment" 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 a 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 specifically allowed by an applicable pretreatment standard.

"Pretreatment requirement" means any substantive or procedural requirement related to pretreatment other than a pretreatment standard.

"Pretreatment standard" means discharge standards, categorical pretreatment standards, and local limits.

"Private wastewater disposal system" means any system of piping, treatment devices, or other facilities, including a septic tank, that convey, store, treat, or dispose of sewage on the property where it originates or on adjacent or nearby property under the control of the user where the system is not connected to a public sewer.

"Process sewer" means a drain or sewer which carries process wastewater only, as distinct from "industrial sewer," "sanitary sewer" and "storm sewer."

"Process wastewater" means water or liquid-carried waste discharged from one or more industrial, manufacturing, trade, or business practices or from the development, recovery, or processing of natural resources. Process wastewater does not include domestic waste or noncontact cooling water. Process wastewater may refer to one process discharge or several commingled process discharges.

"Prohibitive discharge standard" means any regulation developed under the authority of Section 307(b) and (c) of the Act (33 U.S.C. 1317(b)(c)), the General Pretreatment Regulations (40 CFR Part 403), the state or by the city which prohibits the discharge of certain types or characteristics of wastewater. These prohibitions can be "general" or "specific" and are contained in Section 12.12.060 of this chapter.

"Public sewer" means a sewer constructed for conveyance of liquid wastes which is controlled by a public authority.

"Public works department" means such division of the city of Union Gap and includes its public works director and authorized representatives, and includes the term "Public works director" as used in this chapter.

"Public works director" means the public works director of the city, or the director's authorized representative.

"Residential discharger or user" means a single-family or multi-family residential customer that only discharges domestic wastewater to the POTW.

"Sanitary sewer" means a drain or sewer which carries sewage, as distinct from "industrial sewer," "process sewer" and "storm sewer." Sanitary sewers may carry "industrial wastewater" or "process wastewater" commingled with "domestic wastewater."

"Septage" or "septic tank waste" means, but is not limited to, septic tank pumpings, portable toilet pumpings, sump pumpings, camper and trailer pumpings.

"Severe property damage" means substantial physical damage to property, damage to the wastewater treatment or pretreatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

"Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present. (The preferred term is "wastewater.")

"Sewage works" shall have the same meaning as POTW.

"Sewer" means any pipe, conduit, ditch, or other device used to collect and transport sewage.

"Shall" is mandatory.

"Significant industrial discharger or user (SIU)" means a nondomestic user of the POTW who:

(1)

Is subject to categorical pretreatment standards; or

(2)

Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding, domestic wastewater and noncontact cooling water); or

(3)

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

(4)

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.

Upon a finding that a nondomestic user meeting the criteria of subsection (2), (3) or (4) 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 nondomestic 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.

"Slugload" means any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause a violation of this chapter, including, but not limited to, the following: interference to the POTW, or flow rate exceeding the permitted peak flow, or ten (10) percent of the capacity of the available trunk sewer, whichever is greater.

"Standard industrial classification (SIC) Code" means a classification pursuant to the "Standard Industrial Classification Manual" issued by the U.S. Office of Management and Budget.

"State" means the state of Washington.

"Storm sewer" (sometimes termed "storm drain") means a drain or sewer which carries storm and surface waters and drainage, but from which "domestic wastewater," "industrial wastewater" and "process wastewater" are intended to be excluded.

"Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt.

"Suspended solids or total suspended solids (TSS)" means total suspended solids or matter that either floats on the surface of, or is in suspension in water, sewage, or other liquids, and which is removable by laboratory filtering.

"Temporary discharge" means a discharge on a one-time or temporary basis into the city's POTW of no more than one year in duration. Significant Industrial Users are ineligible for authorization for a temporary discharge.

"Toxic pollutants" means those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307 (33 U.S.C. 1317) of the Clean Water Act.

"Treatment plant effluent" means any discharge of water from the POTW into waters of the state.

"Unpolluted water" is water of quality equal to or better than the effluent limitations in effect or water that would not cause violation of the receiving water quality standards and would not be benefited by discharge to the public sewer and POTW.

"Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Sections 12.12.060 and 12.12.070 hereof, or with the terms of pretreatment standards contained in an applicable wastewater discharge permit or authorization, 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.

"WAC" means the Washington Administrative Code.

"Wastewater" means water or liquid-carried industrial waste, process waste, or domestic waste or any modification thereof, or any other water-carried waste, including that which may be combined with any groundwater, surface water, or stormwater, that is or may be discharged to the POTW or a private wastewater disposal system. For purposes of this chapter, "wastewater" shall also include "food processing wastewater."

"Wastewater discharge permit" means an authorization or equivalent control document issued by the Washington State Department of Ecology. The permit shall contain appropriate pretreatment standards and requirements as set forth in this chapter.

"Wastewater treatment operator" means an individual who performs routine pretreatment duties, or supervision of such duties on-site at a discharger's pretreatment facilities which affect effluent quality, and who: (1) holds, at least, a valid state of Washington Wastewater Treatment Operator 1 certification, or (2) who has successfully completed a course of study which, in the opinion of the public works director, contains all subject matter reasonably related to the duties of a wastewater pretreatment operator.

"Wastewater treatment plant" or "treatment plant" means that portion of the POTW designated to provide treatment of wastewater.

"Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.

"WWTP NPDES" means the Regional Wastewater Treatment Plant's National Pollutant Discharge Elimination System permit program as administered by the EPA or State of Washington Department of Ecology (Ecology).

(Ord. 2565 § 1 (part), 2008)