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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING SECTION 14.12.120 OF THE RIVERSIDE MUNICPAL
CODE TO UPDATE PROVISIONS REGARDING DISCHARGE OF
WASTES INTO THE PUBLIC SE WER AND POLLUTANTS INTO THE
STORM DRAIN SYSTEMS.
The City Council of the City of Riverside does ordain as follows:
Section 1: Section 14.12.120 of the Riverside Municipal Code is amended as follows:
“Section 14.12.120 Definitions .
Unless the context specifically indi cates otherwise, the meaning of the terms used in this chapter shall be as follows:
1. Act or "the Act" means the Federal Water Pollution Control Ac t, also known as the Clean Water Act, as amended from time to time, 33 U.S.C. Section 1251 et seq. . . .
22. Commercial Facility means a sewer user with a sales storefront which provides a service or product intended for a building used as an apartment complex, retail or grocery store, school, house of worship, campground, hotel or restaurant.
23. Commercial septic wastes means wastes containe d in septic tanks, ce sspools, seepage pits, holding tanks and private disposal systems, fro m commercial wastewater sources that are not connected to the sani tary sewer system.
24. Commercial wastewater means wastewater from apartment complexes, retail or grocery stores, schools, houses of worship, ca mpgrounds, hotels or restaurants. 253. Community Services District means the Edgemont Community Services District, Jurupa Community Services District, Rubidoux Community Services District, or any other district which contracts with the City for sewer service.
264. Compliance Flow Exceedance means a 24-hour discharge volume that exceeds the Permitted Maximum Daily Discharge volu me by greater than five percent. 275. Compliance Order means an administrative order directing a noncompliant user to achieve or restore compliance by a date specified in the orde r to correct violations of the Industrial User's wastewater discharge permit or of this Chapter.
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
286. Compliance schedule means a time schedule enforceabl e under this chapter containing increments of progress, i. e., milestones, in the form of dates. These milestones shall be for the commencement and/or co mpletion of major events leading to the constr uction and operation of additional pretreat ment facilities or the implementation of policies, procedur es or operational management techni ques required fo r the user to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the user's wastewater effluent.
297. Composite sample means a series of grab samp les of equal vol ume taken at a predetermined time or fl ow rate for a predetermined period of time, which are combined into one sample.
3028. Confined space , pursuant to California Code of Re gulations, Title 8, Section 5157, subsection b, means a space that:
A. Is large enough and so configured that a person can bodi ly enter and pe rform assigned work;
B. Has limited or restrict ed means for en try or exit (for example, ta nks vessels, si los, storage bins, hoppers, vaults, and pi ts are spaces that may have limited means of entry); and C. Is not designed for cont inuous occupancy by a person. 3129. Consent order means a time schedu le agreed upon by th e City and an Industrial User that specifies corrective actions, ca lled milestones, to be taken by the Industrial User to correct violations of the Industrial User's Wastew ater Discharge Permit or this Chapter. 320. Control authority means the City of Riverside.
331. Conventional pollutants means pollutants amenable to treatment at a municipal sewage treatment plant, such as BOD, COD, total suspended solids, pH, fecal coliform, oil and grease, total nitrogen and such a dditional pollutants the EP A defines as conventional. 342. Corrective action means a response, plan, action, or activity undertaken to correct a violation or deficiency.
353. Cooling water means all water used solely for th e purpose of coolin g a manufacturing process, equipment, or product.
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
364. Daily Average means the arithmetic average of all e ffluent samples for a pollutant collected during a calendar day.
375. Daily maximum limit means the maximum allowable disc harge limit of a pollutant during a calendar day. Where daily maximum limits are expre ssed in units of mass, the daily discharge is the total mass discharged over the course of th e day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic aver age measurement of the pollutant concentration derived from all measurements taken that day. 386. De Minimis user means any user whose industrial wast ewater discharge is less than 100 gallons per day and is not regulated by a federal categorical pretreatment standard or industrial user group permit.
397. Dental industrial user means all industrial users subject to Dental Amalgam Effluent and BMP Standards or related requir ements promulgated by the Envi ronmental Protection Agency (EPA), and any subsequent programs or requirements imposed by a State agency. 4038. Dilution means the increase in us e of process water or any other means to dilute a wastestream as a partia l or complete substitute for adequate treatmen t to achieve discharge requirements.
4139. Direct Discharge means a discharge directly to surface, channel, stream or other receiving body that leads to the Wate rs of the United States.
420. Director means the Public Works Dire ctor of the City or an authorized representative, deputy, or agent ap pointed by the Public Works Director. 431. Discharge Requirements means the specific numerical limits, prohib itions, and reporting requirements as contained in an Industrial User Permit and this Chapter. 442. Domestic septic wastes means all domestic wastes contai ned in septic ta nks, cesspools, seepage pits, holdi ng tanks and private disposal systems. 453. Domestic wastewater (also referred to as Sanitary Wastewater) means wastewater from residences, offices, instit utions or from other premises resulti ng from the use of water for personal washing, sanitary purposes or the discharge of human excrement and related matter. 464. Effluent means treated wastewater flowing from tr eatment facilities, a POTW, or a user's
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
pretreatment equipment.
475. Emergency means facts or circumstances that Ci ty reasonably determines create an imminent threat of harm to public health or safety, the environment or the POTW. 486. Enforcement Policy means the current methods as ou tlined in the City 's Enforcement Response Plan and utilized by the City to gain compliance from Industrial Users for violations of wastewater discharge permit conditions or this Chapter. 497. Environmental Protection Agency or EPA means the U.S. Envi ronmental Pr otection Agency or, where appropriate, the Regional Wate r Management Division Director, the Regional Administrator, or othe r duly authorized offici al of said agency. 5048. Existing source means any source of discharge that is not a "New Source." 5149. Federal Categorical Pretreatment Standard means the National Pretreatment Standards, established by the EPA, specifyi ng quantities or concentrations of pollutants or pollutant properties which may be discharg ed or introduced into the POTW by existing or new industrial users in specific industrial cate gories established as separate regulations under the appropriate subpart of 40 CFR Chapter I, Subchapter N.
520. Fats, Oils and Greases or FOG means the hydrophobic, viscous, agglomerative byproduct of food preparation that can bu ild up in sewer line s and restrict flow, causing blockages. 531. General Prohibitions means the prohibition against introduction into a POTW of any pollutant(s) which cause Pa ss Through or Interference, as define d in 40 CFR 403.5, applicable to all users.
542. Good faith means the user's honest intention to remedy noncomplianc e together with actions that support the intention without the use of enforcement actions by the City. Examples of these intentions are improv ed housekeeping practices or the inst allation of pretreatment equipment to reduce or eliminate pollutants.
553. Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.
564. Gravity separation interceptor means an approved wastewater detention device, equipment or appurtenance and is de signed to remove floatable and settleable material by means of gravity
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
and the solubility of the waste in water from indu strial wastewater prior to discharge to the POTW and may include but not be limited to grease inte rceptors, hydromechanical grease interceptors, grease traps, and sand/oil interceptors, or clarifiers. 575. Hazardous substance means any substance capable of cr eating imminent endangerment to health or the environment.
586. Heating water means all water used solely for the heating of a manufacturing process, equipment, or product.
597. Indirect discharge or discharge means the introductio n of pollutants in to the POTW from any nondomestic source.
6058. Industrial user means all persons, ent ities, public or private, industrial, commercial, governmental, or instituti onal which disc harge or cause to be discharged, indu strial wastewater and waterborne waste into the POTW, or stores wa ste or wastewater on site for treatment and/or subsequent disposal, and includes mobile wa sh businesses and liquid waste haulers. 6159. Industrial user permit means a permit, issued by the Pub lic Works Director , regulating the terms and conditions under which an in dustrial user may di scharge any non-dome stic wastewater to the POTW.
620. Industrial wastewater means all non-domestic and non-commercial wastewater from any producing, manuf acturing, processing, institutional, g overnmental, commer cial, restaurant, service, automotive, agricultural or other operation. In dustrial wastewater may also include cooling tower and boiler blowdow n water, contaminated stormw ater, potable wa ter treatment wastewater and chemical toilet wastew ater as determined by the Director. Any wastewater that is hauled by truck, rail or other means, and discharg ed into the sewerage system, shall be considered industrial wastewater, regardle ss of the original source. 631. Infectious waste means all disease-containing wastes that normally cause, or significantly contribute to the ca use of increased morbidity or mortality of human beings. 642. Instantaneous limit means the maximum concentration of a pollutant, including flow volume, allowed to be di scharged at any time, dete rmined from the analysis of any discrete or composited sample collected, independent of th e industrial flow rate and the duration of the
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
sampling event
653. Interference means any discharge from a user wh ich, alone or in co njunction with a discharge or discharges from other sources bot h: inhibits or disrupts the POTW, treatment processes or operations, or sludge processes, use or disposal; a nd which is a cause of a violation of any requirement of the City's NPDES permit (inclu ding an increase in th e magnitude or duration of violation) or of the pr evention of biosolids use or disposal in compliance with Section 405 of the Clean Water Act, the Solid Waste Disposal Ac t (SWDA) (including Ti tle II, more commonly known as the Resource C onservation and Recovery Act (RCRA)) , and state regula tions contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Contro l Act, the Marine Protection Rese arch and Sanctuaries Act, and any amendments to these Acts or regulations.
664. Ion exchange water softener means a water conditioning appa ratus that is designed to remove hardness or other impurities from a user 's potable water supply through chemical, not physical means.
675. Liquid waste hauler means any person engaged in the tr uck hauling of liquid wastes from septic tanks, seepage pits , cesspools, other pr ivate disposal systems, FOG wastes, food wastes or blended organic wastes, or other wastes as determined by the Director. 686. Local limits means general and specific prohibitions, best management practices or pollutant discharge limitations or pollutant paramete rs which are develo ped by the City in accordance with 40 CFR 403.5(c) and as adopted by the City Council. 697. Lower explosive limit (LEL) means the minimum concentrati on of combustibl e gas or vapor in the air that will ignite if an ignition source is present. 7068. Mass emission rate means the rate of pollu tant discharge in pounds per day to the POTW. 7169. May means permissive.
720. mg/L means milligrams per liter.
731. Milestone means a time-based increment of progre ss in a compliance schedule, not to exceed nine months. Milest ones may be set for cons truction, operations, repa irs, the creation of policies and procedures, or other aspe cts of pretreatment and discharge.
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
742. Mobile wash business means nonresidential user of mobile pressure washing equipment to wash or rinse motor vehicles, machinery, buildings, windows, paved areas, sidewalks, parking lots, and outdoor eating areas, etc.
753. Medical waste means isolation wastes, infectious ag ents, human blood a nd blood products, pathological wastes, shar ps, body parts, contamin ated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
764. Monitoring/Production Information Order (MPIO) means an Administrative Order requiring an industri al user to determine the concentration or mass emission of pollutants in its industrial wastewater discharg e when two consecutive violatio ns for the same pollutant are detected. The industrial user shall sample those pollutants for each da y in a 14 consecutive calendar day period that industrial wastewater is discharged to the POTW and shall provide that data and wastewater discharge flow data for that period. 775. Monthly average means the average of daily measur ements over a calendar month as calculated by adding all the dail y measurements taken during the ca lendar month and dividing that sum by the sum of the number of daily me asurements taken in the calendar month. 786. Monthly average Limit means the highest allowable aver age of "daily di scharges" over a calendar month, calculated as th e sum of all "daily discharges" me asured during a calendar month divided by the number of "daily discharges" measured during that month. 797. Municipal Separate Stor m Sewer System (MS4) means a conveyance or system of conveyances (including roads with drainage syst ems, municipal streets, catch basins, curbs, gutters, ditches, natural drainage features or channels, modified natural channels, man-made channels, or storm drains): (i) Owned or operated by a State, city town, borough, county, parish, district, association, or other public body (created by or pursuant to Stat e law) having jurisdiction over disposal of sewage, industrial wastes, storm wa ter, or other wastes, in cluding special districts under State law such as a sewer district, flood contro l district or drainage di strict, or s imilar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under section 208 of the CWA that discharg es to Waters of the U.S.; (ii) Designated or used for collecting of conveying st orm water; (iii) Which is not a combined sewer;
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
(iv) Which is no t part of the POTW as defined at 40 CFR 122.2. 8078. New source means
A. Any building, structure, faci lity, or installation from which there is or may be a discharge of pollutants, the constr uction of which commenced after the publication of proposed pretreatment standards under Sectio n 307 (c) of the Federal Cl ean Water Act, wh ich will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
i. The building, structur e, facility or installa tion is constr ucted at a site at which no other source is located; or
ii. The building, struct ure, facility or inst allation totally repl aces the process or production equipment that causes the discharge of pollutants at an existing source; or iii. The production or wast ewater generating processes of the building, structure, facility or installation ar e substantially independent of an existing source at the same site. In determining whether these are substantially independ ent, factors such as the extent to which the new facility is integrated with the existing plant, and the ex tent to which the new facility is engaged in the same general type of activity as the existing sour ce may be considered.
B. 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, st ructure, facility, or installation meeting the criteria of subsection A ab ove but otherwise alters, replaces, or adds to existing process or production equipment.
C. Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
i. Begun, or caused to begi n, as part of a continuous onsite construction program (a) Any placement, assembl y, or installation of fa cilities or equipment; or (b) Significant site prepar ation work including clearin g, excavation, or removal of existing buildings, structures, or fac ilities which is ne cessary for the placement, assembly, or installation of new source facilities or equipment. ii. Entered into a binding co ntractual obligation for th e purchase of facilities or equipment which are intended to be used in it s operation within a re asonable time. Options
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and de sign studies do not cons titute a contractual obligation under th is paragraph.
8179. Noncontact co oling water means water used for cooling th at does not come into direct contact with any raw material, intermediate pr oduct, waste product, or finished product. 820. Non-Discharging Categorical Industrial User (NDCIU) or sometimes termed Dry Categorical User means Categorical Industri al Users which generate ca tegorical wastewater, but do not have discharges to the City's collection system that are regulated by the National Categorial Pretreatment Standards contained in 40 CFR Pa rts 405-471 and amendmen ts thereto. These users shall not be considered Significant Indu strial Users as defi ned by 40 CFR Part 403. 831. NPDES permit means the then effective National Po llutant Discharge El imination System Permit issued by the Ca lifornia Regional Water Quality Control Board establishing the Waste Discharge and Producer/Us er Reclamation Requirements for th e Riverside Regional Water Quality Control Plant or storm water re quirements for the City's "Municipal Separate Storm Sewer System" (referred to as the "MS4" Permit).
842. NSIU means a non-significant industrial user that does not require a Class I-VI Industrial User Permit or other contro l instrument and is not considered a restaurant. 853. Non-significant catego rical industrial user means a user subject to categorical pretreatment standards under 40 CFR Part 403.6 a nd 40 CFR Chapter I, subchapter N and that never discharges more than 100 gallons per day of total categorical wa stewater (excluding sa nitary, non-contact cooling and boiler blowdown wastewater) as measured from each individual categorical source at the facility, and has: 1) consis tently complied with all applicable catego rical Pretreatment Standards and Requirements; 2) has submitted a certification statement required by 40 CFR Part 403.12(q) together with any additional in formation necessar y to support the certification statement; and 3) has never discharged any untreated concentrated wastewater. 864. Non-Storm Water Di scharges (NSWDs) means discharges that do not originate from precipitation even ts, including, but not limited to, discharges of proc ess water, air conditioner condensate, non-contact cooling wa ter, vehicle wash water, san itary wastes, co ncrete washout
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
water, paint wash water, irrigation water, or pipe testing water. 875. Off-Spec Product means a product that is contamin ated or otherwise fails to meet applicable specifications per the manufacturer.
886. Oil and grease means any of the following in part or in combination:
A. Petroleum derived products , e.g., oils, fu els, lubricants, solvents, cutting oils; B. Vegetable derived products, e.g., oils, shortenings, water soluble cutting oils; or C. Animal derived pr oducts, e.g., fats, gr eases, oils, lard 897. Pass through means any discharg e which exits the POTW into waters of the United States in quantities or concentrations wh ich, alone or in conjunction with a discharge or discharges from other sources, causes a violati on of any requirement of the NPDES Permit, including an increase in the magnitude or dura tion of a violation.
9088. Permit-required confined space , pursuant to California Code of Regulation s, Title 8, Section 5157, subsection b, mean s a confined space th at has one or more of the following characteristics:
A. Contains or has th e potential to contain a hazardous atmosphere; B. Contains a material that has the potential for engulfing an entrant; C. Has an internal configuration such that an entrant could be trapped or and tapers to a smaller cross-section; or
D. Contains any other recognized se rious safety or health hazard. 9189. Person means any individu al, firm, company, association, society, general or limited partnership, limited liabili ty company, trust, corp oration, governmental agency or group, and includes the plural as well as the singular.
920. pH means a measure of the acidity or alkalinity of a solution, expresse d in standard units. 931. Pollutant means anything which caus es the deterioration of water quality such that it impairs subsequent and/ or competing uses of the water. Also means conven tional pollutants, domestic wastewater, hazardous subs tances, infectious waste, slug discharges, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, medical waste, plasti c waste, heat, rock, sand, dirt, dust, wood
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3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
product, cleaning chemicals of any kind and industrial, municipa l, and agricultural waste and wastewaters. Pollutants may also include, but ar e not limited to, paints, oi l and other automotive fluids, soil, sand, se diment, dirt, rubbish, trash, garbage, debris , refuse, waste, fe cal coliform, fecal streptococcus, enterococcus, other biological mate rials, radiological materials, suspended solids, heavy metals, hazardous waste, chemicals, fresh concrete, yard waste fr om commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, nauseous or offensive matter of any kind. 942. Pollutant exceedance fee means a fee in addition to th e sewer service charge, which is charged on those users whose wastewater discharg e pollutants exceed perm itted pollutant levels for COD, TSS or maximum daily discharge volume.
953. Plastic Materials means virgin and recycled plasti c resin pellets, powders, flakes, powdered additives, regrind, dust, and other simila r types of prepr oduction plastics with potential to discharge or migrate off-site.
964. Pretreatment means the reduction of the amount of pol lutants, the eliminat ion of pollutants, or the alteration of the nature of pollutant prop erties in wastewater pr ior to, or in lieu of, discharging or ot herwise introducing su ch pollutants into th e POTW. This reduc tion or alteration can be obtained by physical, chemical, or biologi cal processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless al lowed by an applicable pretreatment standard.
975. Pretreatment standards or standards means prohibited discharg e standards, categorical pretreatment standards, and local limits.
986. Prohibited discharge standards or prohibited discharges means absolute prohibitions against the discharg e of certain substa nces; these prohibit ions appear in Se ction 2.1 of [the ordinance from which this section derives].
997. Pretreatment waste means waste byproducts, such as sludge or particulates, removed by pretreatment.
10098. Publicly Owned Treatment Works or POTW means a wastewater trea tment plant, e.g., the Riverside Regional Water Quality Control Plant (RWQCP). This de finition includes the collection
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3750 UNIVERSITY AVE., STE. 250
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system, within the City and the Community Service Distri cts, which is the se wers, pipes and other conveyances of wastewater to a treatment plant, except for priv ate sewer lateral connections. It also includes any devices and system s used in the storage, treatmen t, recycling and reclamation of municipal sewage or industrial wastes.
10199. Qualified pr ofessional means a person qualifie d by education, traini ng, or experience to evaluate and assess pollutant discharg es and violations of this chapter. 1020. Quarterly Average means the average of discrete me asurements taken over a calendar Quarter as calculated by using all daily measurements and flows as applicable. 1031. Quarterly Average Limit means the highest allowable qu arterly average discharge of a specified pollutant, calculated from all da ily measurements and flows as applicable. 1042. RCRA means the Resource Conservation and R ecovery Act and it s Regulations as contained in 40 CFR Pa rt 260-266 and 270.
1053. Regional Water Quality Control Plant (RWQCP) means the City owned treatment works located at 5950 Acorn Str eet, Riverside CA 92504.
1064. Restaurant or Food Service Establishment (FSE) means all retail es tablishments selling prepared foods and/or drinks for consumption on or off the premises; incl uding lunch counters and refreshment stands. Retail establishments, lunch counters, and drinking places selling prepared food and/or drink as a subordinate service incident al to their primary operations, and institutional facilities (e.g., schools, hospitals, jails, prisons, and juvenile halls), whic h serve food on the premises shall also be considered restaurants.
1075. Sanitary Sewer Overflow or SSO means a release of untreate d sewage from the sanitary sewer into the envi ronment prior to reaching se wage treatment facilities. 1086. Shall means mandatory.
1097. Self-monitoring means wastewater samp les taken by a user or the user's contracted laboratory, consul tant, engineer, or similar entity.
11008. Septic tank waste means any sewage from holding tanks su ch as vessels, chemical toilets, campers, trailers and septic tanks.
11109. Sewage means human excrement and gray water (household showers, dishwashing
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operations, etc.).
1120. Sewer lateral line means the wastewater collection pipe extending from the premises where the wastewater is generate d to the premises' proper ty line or easement b oundary for resi dences, or from the premises to the connection to the city main line for commercial or industrial facilities. 1131. Significant industri al user (SIU) , except as provided in paragraphs C and D below, as per 40 CFR 403.8(f)(1)(iii)(B)(6) means one or more of the following:
A. An industrial user subject to categorical pr etreatment standards.
B. An industrial user that
(i) Discharges an average of at least 25,000 gallons per day (gpd) or more of process wastewater to the POTW (exc luding sanitary, noncontact co oling and boiler blowdown wastewater);
(ii) Contributes a process wastestream whic h makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant.
C. Is designated as such by the City on the basis that it ha s a reasonable pote ntial for adversely affecting the POTW's operation or for violatin g any pretreatment standard or requirement.
D. The City may determine that an industrial user subject to ca tegorical pretreatment standards is a non-significant categorical industrial user ra ther than a significant industrial user on a finding that the industrial user never di scharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitar y, non-contact cooling and boile r blowdown wastewater, unless specifically included in the pretreatment standard) and th e following cond itions are met:
(i) The industrial user , prior to the City's finding, has consistent ly complied with all applicable categorical pretreatme nt standards and requirements; (ii) The industrial user a nnually submits the certifica tion statement required in Section
6.14 B [see 40 CFR 403.12(q)], togeth er with any additional information necessary to support the certification statement; and
(iii) The industrial user never discharges any untreated concen trated wastewater.
E. Upon a finding that a user meeting the criteria in subsecti on D. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any
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pretreatment standard or requirement, the City may at any time, on its own in itiative or in response to a petition received from an industrial user, and in acco rdance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. 1142. Significant noncompliance (SNC) means any violation meeting one or more of the following criteria:
A. Chronic violations of wastewater discharge li mits, defined as those in which 66 percent or more of all of the measurements for the same pollutant parameter during a six consecutive month period exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits;
B. Technical Review Criteria (TRC) violatio ns, which are defined as those in which 33 percent or more of all of the measur ements taken during a consecutive six-month period equal or exceed the product of the numeri c pretreatment standard, local limit, or requirement, including instantaneous limits, multi plied by the applicable TRC (TRC=1.4 for BOD, COD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a numeric pretreatment standard or requirement (including narrative standards and best management practices) determined by the City to cause, in whole or in part:
POTW damage, interference, or pa ss through; danger to POTW pe rsonnel; or the public health, safety and welfare;
D. Any discharge of a pollutant posing imminent danger to human health or welfare, or to the environment, or resulting in the City's exercise of its emergency authority to stop or prevent such a discharge;
E. Failure to meet, within 90 days after the sc heduled date, a compliance schedule Milestone; F. Failure to provide, within 30 days of the scheduled da te, any required reports such as baseline monitoring report s, compliance reports, a nd self-monitoring reports; G. Failure to pay, within 30 days of written no tification, all applic ation, permit, or enforcement fees;
H. Failure to accurately re port non-compliance; or
I. Any other violation(s), whic h may include failure to implem ent required be st management
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practices, which the C ity believes will adversely affect the City's pretreatment program. 1153. Single pass cooling water means water that is us ed solely for the purpose of cooling and is used only once before being discharged.
1164. Single pass heating water means water that is us ed solely for the purp ose of heating and is used only once before being discharged.
1175. Slug load or slug discharge means any discharge of wastewat er of a non-routine, episodic nature including, bu t not limited to, an accident al spill, or a non-customary batch discharge which could damage, interfere with, or pass through the POTW or otherwise violat e this chapter, local limits, permit conditions, or other regulations. Slug load means any discha rge at a flow rate or concentration, which could cause a violation of th e prohibited discharge st andards or local limits as described in this ordinance or a permit.
1186. Spill-Containment means a protection system installed by an Industrial Us er to prevent the comingling of incompatible materials and/or accidental disc harge of prohibited and/or incompatible pollutants to the collection system or storm drain. 1197. Storm drain or Stormwater Conveyance System means a storm water drain system or a system of open channels, line d and unlined channels , surface channels, im pound basins, ground water recharge basins, st orm water holding po nds, underground pipes, curb and gutter, inlets and outlets, cross gutters, storm wate r pump and lift stations , parking lots, paved areas, streets, and natural water courses used to coll ect and direct storm water to a receiving body of water or aquifer recharge basins.
12018. Storm water means water flowing or discharged as a r e s u l t o f r a in, snow, or other precipitation.
12119. Temporary user means any user granted temporary permission under a Class V Industrial User Permit to discharge u npolluted water or wastewater to the sewer system. 1220. Timeline means the date of comple tion for a compliance sc hedule, compliance plan, corrective action, submissi on of report, or other re sponse required due to a detected violation or deficiency. This an also be called a benchmark or milestone. 1231. Total suspended solids or suspended solids means the total suspended matter that floats on
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the surface or is suspended in water, wastewater, or other liquid, and that is removable re tained by laboratory filterin g and dried at 1 03—105 degrees C.
1242. Total toxic organics (TTO) means the sum of all quantifiable values greater than 0.01 mg/L of the regulated to xic organic compounds whic h are found in the user's industrial wastewater discharge.
1253. Unpolluted water means cooling and heating water, sing le pass cooling a nd heating water, air conditioning co ndensate, ice melt, co ndensate, landscape ir rigation, crop irriga tion, rain water, and other water not containing any pollutant, or water whose discharg e would not otherwise violate any receiving water quality standards.
1264. Upset means an exceptional incident which causes temporary and unintentional non- compliance with the di scharge limitations or prohibitions a pplicable to a us er or the POTW. 1275. User or industrial user means any pers on, public or private, re sidential, industrial, commercial, governmental, or institutional wh ich discharges or cause s to be discharged wastewater or waterbor ne waste to the POTW.
1286. Waste means any discarded solid, semi-s olid, liquid, or gaseous material. 1297. Wastewater means liquid and water-carried industri al wastes and sewage from residential dwellings, commer cial buildings, industrial and manufacturing fa cilities, and ins titutions, whether treated or untreated, which are contri buted to the POTW or storm drain. 13028. Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatm ent of municipal sewage and industrial waste. 13129. Waters of the State means any surface wate r or groundwater, incl uding saline waters, within the boundaries of the State of California.
Section 2: The City Counc il has reviewed the matter and, based upon the facts and information contained in the staff reports, admi nistrative record, and wr itten and oral testimony, hereby finds that this ordina nce is not subject to CEQA pur suant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not re sult in a direct or reasonably foreseeable indirect physical change in the environment nor have a si gnificant impact on the envi ronment, and is not a project as defined
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in Section 15378.
Section 3: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall b ecome effective on the 30th da y after the date of its adoption.
ADOPTED by the City Council this _________ day of _____________, 2024.
___________________________
Mayor of the City of Riverside
Attest:
_____________________________
City Clerk of the City of Riverside
I, Colleen J. Nicol, City Clerk of the City of Riverside, California , hereby certify that the foregoing ordinance was duly and regularly introduced at a mee ting of the City Council on the _______ day of _______________, 2024, and that thereafter the said ordinance was duly and regularly adopted at a mee ting of the City Council on the _________day of _____________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024.
_________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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CA: 23-1872 TAT 12/20/23