§ 33-101. Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

ADEQ: Arizona Department of Environmental Quality.

Approved laboratory procedures: The measurements, tests and analyses of the characteristics of water and wastes in accordance with analytical procedures as established in title 40, Code of Federal Regulations, part 136 as revised, that are performed by an environmental laboratory licensed by the state pursuant to A.R.S. § 36-495, et seq.

Average quality: The arithmetic average (weighted by flow value) of all the daily determinations of a concentration, made during a calendar month.

AZPDES: The Arizona Pollutant Discharge Elimination System, which is the State program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment and bio-solids requirements under A.R.S. Title 49, Chapter 2, Article 3.1 and 18, A.A.C. 9. Articles 9 and 10.

Best management practices (BMP): Measures or practices used to reduce the amount of pollution entering the sanitary sewer system, surface water, air, land or ground waters.

Biochemical oxygen demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade, expressed in milligrams per liter.

Branch sewer: A term for a sewer which receives sewage from lateral sewers from a relatively small area.

Building connection or sewer tap: The connection to the public sewer and the extension therefrom of the sewer to the property line in an alley or street, or to the easement line in an easement, whichever is applicable, depending on the location of the public sewer.

Building official: The Director of the Development Services Department or any successor City department with responsibility for building safety, or his /her designee.

Building sewer or house sewer: The extension from the building drain to the building sewer connection or other place of disposal.

Categorical standards: Those standards promulgated by the U.S. Environmental Protection Agency (EPA) under the authority of Section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to a specific category of industrial user and which are published in 40 CFR chapter I, subchapter N (parts 405-471).

Chemical oxygen demand (COD): The quantity of oxygen consumed from a chemical oxidation of inorganic and organic matter present in water or wastewater, expressed in milligrams per liter.

Commercial user: Any nonresidential user which provides a service connected with commerce and which is not classified as an industrial user. The City maintains a list of the types of businesses that are commercial users and has the authority to classify specific users.

Composite sample: A combination of individual samples obtained at regular intervals over a specified time period. The volume of each individual sample shall be either proportional to the flow rate during the sample period (flow composite) or constant and collected at equal time intervals during the composite period (time composite).

Composite sample quality: The concentration of some parameter tested in a "composite sample."

Cooling water: The clean wastewater discharged from any heat transfer system; including but not limited to, condensation, air conditioning, cooling or refrigeration, water.

Daily average limitation: The maximum allowable concentration in a discharge as measured in a representative sample during a sampling day. In determining compliance with the daily average limitation, City samples shall not be combined with non- City samples.

Developer: Any person engaged in the organizing and financing of a wastewater collection system within an area contributing to a branch, main, or a trunk sewer of the City sewage works. Developer may also include a sub-divider or a legally-constituted improvement district.

Discharge: The disposal of any sewage, pollutant(s), water or any liquid from any sewer user into the sewage works.

Domestic user: Any user who discharges only domestic wastewater.

Domestic waste: A typical, residential-type waste which requires no pretreatment under the provisions of this Article before discharging into the sanitary sewer system, excluding all commercial, manufacturing and industrial wastes.

EPA: The United States Environmental Protection Agency.

Establishment or plant: Any establishment or plant producing liquid waste, with or without suspended solids, required to be discharged into the City sewer system.

Free access: The ability of City personnel to enter user facilities under safe and nonhazardous conditions with a minimum of delay to inspect any and all parts of the user's facility.

Food/Waste: Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.

Generator: A person who generates wastewater.

Grab sample: An individual sample of effluent collected in less than fifteen (15) minutes without regard for flow or time of day.

Grab sample quality: The concentration of some parameter tested in a "grab sample."

Industrial discharge: Any introduction into the POTW of a nondomestic pollutant which:

(1)

Is produced by a source which would be subject to any categorical standards or pretreatment requirements if such source were to be discharged to the POTW; and

(2)

Contains any substance or pollutant for which a discharge limitation or prohibition has been established by any categorical standard or pretreatment requirement.

Industrial user: A person who discharges process wastewater and does not meet the definition of "significant industrial user."

Industrial user permit or permit: The permit granted by the City which each industrial user must first obtain prior to causing or allowing any industrial discharge to the POTW.

Industrial waste: Any liquid, free-flowing waste, including cooling water, resulting from any industrial or manufacturing process or from the development, recovery or processing of natural resources, with or without suspended solids excluding uncontaminated water.

Inflow: Water other than wastewater that enters a sewer system (including sewer service connections) from sources such as roof leaders, cellar drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basis, cooling towers, storm waters, surface runoff, street wash waters or drainage.

Instantaneous limitation: The maximum allowable concentration in the discharge at any time as measured in a grab sample. In determining compliance with the instantaneous limitation, City samples will not be combined with non-City samples.

Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes, or operations, or its sludge processes, use or disposal. An interference may cause a violation of any requirement of any environmentally related permit issued by a governmental entity (including an increase in the magnitude or duration of a violation) or may prevent sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

Lateral sewer: A sewer which discharges into a branch or other sewer and has no other common sewer tributary to it.

Main sewer: A sewer which receives sewage from two (2) or more branch sewers as tributaries.

Maintenance: Keeping the treatment works in a state of repair, including expenditures necessary to maintain the capacity (capability) for which the works were designed and constructed.

National pretreatment standard: Any regulation containing pollutant discharge limitations promulgated by EPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317, et seq.) which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.

Natural outlet: Any outlet into a watercourse, ditch, or other body of surface or ground water.

New source: 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) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that Section, as stated in detail in 40 CFR 403.3(K).

North American Industry Classification System (NAICS): A coded classification of industries utilizing a six (6) digit coding system based upon economic activity developed by the U.S. Department of Commerce and designed to replace the SIC System of classification and published in the North American Industry Classification System Manual in 1997.

Notice: A written instrument served by the City, as follows:

(1)

By use of ordinary mail to the last known address of a person to whom it is required to be given; or

(2)

By personal service upon a person or his lawful representative; or

(3)

By filing or recording with a clerk of the Maricopa County Superior Court or County Recorder.

NPDES permit: A national pollution discharge elimination system permit, issued to the City by the EPA, which imposes federal standards governing the quality of the treated effluent discharged from the POTW.

Oil and grease: The measure of oil and crease content of a sample as determined by EPA Method 413.1, or other equivalent test method approved by the City.

Oil and grease (TPH): The measure of the petroleum and mineral oil content of a sample as determined by EPA Method 418.1, or other equivalent test method approved by the City.

Pass through: 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, violates any requirement of the POTW NPDES permit (including an increase in the magnitude or duration of a violation) or which causes or contributes to a violation of an applicable numeric or narrative water quality standard.

Permit: A written control mechanism that the City issues to particular users or classes of users under the authority of Chapter 33 of the City Code.

Permittee or permit holder: Any person, or entity that owns, operates, processes or controls an establishment or plant being operated under a valid permit to discharge wastewater into the City sewage works.

Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, municipality, Indian tribe, political subdivisions of the state or federal governmental agency or any other legal entity, including their legal representatives, agents or assigns.

pH: The logarithm of reciprocal of the weight of hydrogen ions in grams per liter of solution.

Pollutant: Any dredged soil, solid waste, incinerator residue, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock sand, cellar dirt, and industrial, municipal and agricultural wastes.

Pollution: Any man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.

Pollution prevention: Source reduction and other practices that reduce or eliminate the creation of pollutant through:

(1)

Increased efficiency in the use of raw materials, energy, water, or other resource, or

(2)

Protection of natural resources by conservation.

POTW: Publicly owned treatment works and connecting sewer collection system which are owned and/or operated, in whole or part, by the City and which provide the City with waste water collection and disposal services.

POTW residuals: All POTW effluent and/or solids, including sludge, scum, screenings and grit, which are the by-product of wastewater treatment operations and which must be discharged to the environment for ultimate disposal and/or reuse.

Pretreatment: The physical, chemical, biological or other treatment of any industrial discharge prior to its introduction into the POTW, for the purposes of:

(1)

Reducing the amount or concentration of any pollutant; or

(2)

Eliminating the discharge of any pollutant; or

(3)

Altering the nature of any pollutant characteristic to a less harmful state.

Pretreatment requirements: All of the duties or responsibilities imposed upon POTW users by this Article.

Producer: Any person who owns, operates, possesses or controls an establishment or plant, whether or not a permittee.

Properly shredded garbage: Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-fourth of an inch in any dimension.

Public sewer: A lateral, branch, main or trunk sewer controlled and maintained by the City.

Recycling: A material that is used, reused, or reclaimed. A material is used if it is either: (1) employed as an ingredient (including its use as an intermediate) to make a product; however a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal containing secondary materials)), or (2) employed in a particular function as an effective substitute for a commercial product. A material is reclaimed if it is processed to recover a useful product or if it is regenerated. Examples include the recovery of lead values from spent batteries and the regeneration of spent solvents.

Replacement: Those expenditures made for obtaining and installing equipment accessories and/or appurtenances during the useful life of the treatment works which are necessary to maintain the capacity and performance of the treatment works for which they were designed and constructed.

Representative sample: A composite sample obtained by flow proportional sampling techniques where feasible. When the City determines that flow proportional composite sampling is not feasible, the City may allow or conduct composite sampling by time proportional techniques or by compositing of one (1) or more grab samples.

Residential dwelling unit: One (1) or more rooms in a dwelling or a portion of a dwelling designed for occupancy by one (1) family for living purposes and having its own cooking and sanitary facilities.

Sanitary sewer: A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

Sewage: A combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

Sewage treatment plant: Any arrangement of devices and structures used for treating sewage.

Sewage works: All facilities for collecting, pumping, treating, and disposing of sewage. As used in this Article, the terms sewer system or sewerage works shall have the same meaning and definitions as sewage works.

Sewer: A pipe of conduit for carrying sewage.

Sewer tap: See "building connection."

Significant industrial user: This term includes:

(1)

All users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N (parts 405-471).

(2)

Any other user that:

a.

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

b.

Contributes a process waste stream which makes up five (5) 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.

Significant noncompliance: An industrial user is in a state of significant noncompliance (SNC) when violations meet one or more of the following criteria:

(1)

Chronic violations of wastewater discharge limits, defined as those in which sixty-six (66) percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter, including instantaneous limitations;

(2)

Technical review criteria (TRC) violations, defined as those in which thirty-three (33) percent or more of all of the measurements for the same pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit, including instantaneous limitations, multiplied by the applicable TRC (TRC equals one and four-tenths (1.4) for BOD, TSS, fats, oil, and grease, and one and two-tenths (1.2) for all other pollutants except pH);

(3)

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

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under this chapter to halt or prevent such a discharge;

(5)

Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

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

Slug load: Any pollutant discharged to the POTW in such volume or strength as to cause interference. In particular, any pollutant concentration, quantity or flow rate which, during any period of fifteen (15) minutes or more is greater than five (5) times the average twenty-four-hour concentration, quantity or flow rate for such pollutant during normal operations.

Source reduction: Any practice which:

(1)

Reduces the amount of any pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment or disposal; and

(2)

Reduces the hazards to public health and the environment associated with the release of such substances, pollutant or contaminants.

Standard industrial classification (SIC): A coded classification of industries based upon economic activity developed by the U.S. Department of Commerce as published in the Standard Industrial Classification Manual, 1972, Office of Management and Budget.

Standard methods: The procedure as described in the most current edition of Standard Methods for the Examination of Water and Wastewater published by the American Health Association, or the most current edition of Manual of Methods for Chemical Analysis of Water and Wastes published by the U.S. EPA.

Storm sewer or storm drain: A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

Suspended solids (SS): Solids measures in milligrams per liter that either float on the surface of or are in suspension in water, wastewater or other liquids and which are largely removable by a laboratory filtration device, as defined Standard Methods.

System design capacity: The design capacity for normal domestic waste water as established by accepted engineering standards.

Total organic carbon (TOC): The total of all organic compounds expressed in milligrams per liter as determined by the combustion-infrared method prescribed by approved laboratory procedures.

Treatment parameter: A fundamental characteristic of sewage around which treatment is designed, such as, but not limited to, flow, BOD, and suspended solids.

Trunk sewer: A sewer which receives sewage from many tributary main sewers and serves as an outlet for a large territory.

Upset: An exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities, or improper operation and maintenance or lack thereof.

User: Any person, lot, parcel of land, building, premises, municipal corporation or other political subdivision that discharges, causes or permits the discharge of wastewater into the sewage system.

User Class: A grouping of users with similar wastewater flow and strength of sewage discharge. User classes include, but not limited to single-family, multi-family and commercial.

Waste minimization: An activity which eliminates or reduces the amount of any pollutant from entering the waste stream or the environment. Such activity may include a change in raw materials, operational improvement, process improvement, product reformulation, reuse or reclamation.

Wastewater: Any liquid or water-carried pollutant, including an industrial discharge, which is introduced into the POTW from any person, dwelling, commercial building, industrial facility or institution.

Watercourse: A channel in which a flow of water occurs either continuously or intermittently.

Zero process discharge user: A user that only discharges domestic wastes or have no discharge, but generates significant quantities of hazardous substances, pollutants or contaminants or high concentrations of hazardous substances, pollutants or contaminants in its waste stream which, if discharged, would be regulated by this chapter. Such facilities may be regulated by requiring them to have zero discharge of process wastes, thus allowing only domestic wastes to be discharged.

(Ord. No. 3003, § 1(Exh. A), 9-27-16)