§ 49-91. 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:

Act or the Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § § 1251, et seq.

Approval authority means the Arizona Department of Environmental Quality or Regional Administrator for Region IX of the U.S. EPA.

Approved laboratory procedures means the measurements, tests and analyses of the characteristics of water and sewage 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 licensee by the state pursuant to A.R.S. § § 36-495, et seq. Alternative procedures may be approved by the division director of Water Resources or designee in accordance with applicable federal regulations.

Authorized representative of an industrial user means:

(a)

If the user is a corporation:

(1)

The president, secretary, treasurer, or 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

(2)

The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(b)

If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(c)

If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee.

(d)

The individuals described in subsections (a) through (c) above may designate another authorized representative if the authorization is made in writing, the authorization specifies the individual or a position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company or facility, and the written authorization is submitted to the City.

Available means a public sewer line is located within six hundred sixty (660) feet of a property's boundary line, has sufficient capacity for the requested connection, an extension of the line can be engineered to meet the City's standards, and the physical circumstances of the right-of-way and the surrounding property will reasonably permit the extension. What is "reasonable" shall be determined in the sole judgment of the City.

Best Management Practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 49-161 and 40 CFR § 403.5 (a)(1) and (b). BMPs are pretreatment requirements and include, but are not limited to, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of, certain established categorical pretreatment standards and effluent limits.

Biochemical oxygen demand (BOD) means 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 as a concentration (e.g., milligrams per liter (mg/l)).

Building sewer means a private conveyance for transporting wastewater from a person's premises to a private sewer or to the POTW. The building sewer includes the sewer tap.

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

CFR means the Code of Federal Regulations.

Categorical industrial user means an industrial user subject to a categorical pretreatment standard or categorical standard.

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limitations and promulgated by the EPA under the authority of Section 307(b) and (c) of the Act which apply to a specific category of users and which are published in 40 CFR chapter I, subchapter N Parts 405-471.

Chemical oxygen demand (COD) means a measure of the oxygen required to oxidize all compounds, both organic and inorganic in water, expressed in terms of weight and concentration (mg/l).

City means the City of Scottsdale, Arizona.

Composite sample means 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) as defined in a permit.

Code means the Scottsdale Revised Code.

Concentration means strength of the wastewater as measured by BOD or COD in units of mg/l.

Cooling water means any discharge from any heat transfer system such as condensation, air conditioning, cooling or refrigeration into the sewer system.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that calendar day.

Developer shall include within its meaning the owner/builder and shall be deemed to be the individual, firm, corporation, partnership, association, syndication, trust or other legal entity which is responsible for creating a demand on the City water or sewer facilities.

Dilution means the addition of some quantity of liquid (water) that results in a decrease in the original concentration.

Division means the City of Scottsdale Water Resources Division.

Division director means the division director of Water Resources or designee.

Domestic wastewater or sanitary wastewater means liquid wastes containing sewage and similar matter from the sanitary facilities of residences, commercial buildings, and industrial facilities.

Domestic user means any user who discharges only domestic sewage.

Effluent limitation means a limitation imposed on discharges to the POTW.

Enforcement response plan (ERP) means a plan developed by the City to enforce the pretreatment regulations contained in the Scottsdale Revised Code.

Environmental Protection Agency or EPA means the United States Environmental Protection Agency or a duly authorized official of said agency.

Executive Director means the Water Resources executive director or designee.

Existing source means an industrial user which: 1) is in operation at the time of promulgation of categorical pretreatment standards; or 2) any source of discharge that is not a new source.

Facility means any land, building, installation, structure, equipment, device, conveyance, area, or source from which there is or, with reasonable probability, may be a discharge.

Fats, oils, and grease (FOG) means any hydrocarbons, fatty acids, soaps, fats, waxes, oils, and any other material that is extracted by hexane solvent, as specified in 40 CFR Part 136.

Food service establishment means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises. This also includes restaurants, bars, cocktail lounges, the dining room of hotels, and all caterers.

Frontage means the entire length of that portion of a parcel of property that abuts a street, easement, or public right-of-way.

Garbage means solid waste from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.

Grab sample means an individual sample that is collected from a wastestream without regard to the flow and over a period of time not to exceed fifteen (15) minutes.

Hazardous waste means any discarded material listed as hazardous pursuant to 40 CFR Part 261 or having such characteristics.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any non-domestic source.

Industrial means of or pertaining to industry, manufacturing, commerce, trade, or business, as distinguished from domestic or residential.

Industrial user or user means a source of indirect discharge.

Industrial waste means the liquid waste from an industrial manufacturing process, trade, or business as distinguished from domestic wastewater.

Inflow means water other than sewage that enters the POTW (including sewer service connections) from sources such as roof leaders, cellar drains, foundation drains, swimming pools, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters, or drainage.

Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time and determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interceptor means a device used to separate oil, grease, and sand or any flammable wastes from sewage.

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

(a)

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

(b)

Therefore is a cause of 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 of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions, regulations, or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act; the Solid Waste Disposal Act (SWDA) (including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA)); 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.

Intergovernmental Agreement (IGA) means the SubRegional Operating Group (SROG) Joint Exercise of Powers Agreement (JEPA) No. 22699 or the latest amendment thereto relating to implementation and enforcement of the industrial pretreatment program under a NPDES permit issued to the City of Phoenix. The IGA is among the City of Phoenix and the Cities of Scottsdale, Tempe, Mesa and Glendale.

Lateral sewer means a sewer which has no common sewer tributary and which discharges into a main sewer.

Local limit means a specific discharge limitation developed and enforced by the City as pretreatment standards upon industrial users to implement the general and specific discharge prohibitions listed in 40 CFR § 403.5(a)(1) and (b).

Main sewer means a sewer which receives sewage from one (1) or more sewers as tributaries.

Medical waste means any solid waste as defined in 49 A.R.S. § 701, including isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Mixed use development means a real estate project with planned integration of some combination of retail office, residential, hotel, recreation, industrial or other functions. The different classes of mixed use are summarized at section 49-141(g).

Monitoring manhole means a manhole used to monitor sewage flows or quality.

Monthly average means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

Multi-Family Residential means more than one (1) dwelling unit is serviced by a single sewer tap and is connected to the sewer system.

Natural outlet means any outlet into a watercourse, ditch, or other body of surface or ground water.

New source means 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 Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section and as further set forth in 40 CFR § 403.3(m).

Non compliant means failing to satisfy the requirements of this article.

Noncontact cooling water means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Nonhazardous liquid waste (NHLW) means waste hauled from residential septic systems, restaurant grease traps/interceptor or chemical toilets.

Non-significant industrial user means any person or entity which does not meet the definition of a significant industrial user, but is otherwise required by the City through permit, order, or notice to comply with specific provisions of this article.

Notice means a written instrument served by the City, as follows, with time commencing from date of mailing, servicing, filing or recording:

(1)

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

(2)

by personal service upon the person or his lawful representative; or

(3)

by filing or recording with a clerk of the superior court or county recorder.

NPDES permit means a national pollutant discharge elimination system permit issued by the EPA, or an Arizona pollutant discharge elimination system (AZPDES) permit issued by the state of Arizona, which imposes standards governing the quality of treated effluent discharged from a POTW into a navigable water of the United States. NPDES permit also means the National Pollutant Discharge Elimination System Permit #AZ0020524 issued to the City of Phoenix.

Oil and grease means a measure of the total oil and grease content of a sample as determined by approved EPA methods or any other equivalent method as approved by the Water Resources executive director or designee.

Oil and grease (TPH) means a measure of the petroleum and mineral oil in total petroleum hydrocarbons of a sample as determined by approved EPA methods or other equivalent test method as approved by the division director of Water Resources or designee.

Outside user means any user outside the corporate limits of the City.

Owner or builder means a person who owns or leases real property within the City acting as a contractor in constructing any improvement upon the real property, which real property as improved, is held by such person for his use or for rental, lease, or sale purposes.

Pass through means a discharge which exits the POTW 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 any applicable NPDES permit, including an increase in the magnitude or duration of a violation.

Penalty policy means the policy established by the City's Water Resources Division to determine and calculate penalties for violations of the pretreatment requirements established in this article.

Permit means any required written authorization.

Person means any individual, partnership, firm, company, corporation, association, limited liability company, joint stock company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents or assigns. This definition includes all federal, state, and local governmental entities.

pH means a measure of the acidity or alkalinity of a solution, expressed in standard units.

Plant means any facility or process producing liquid wastes and which may be a source of discharge into the City's sewer system.

Pollutant means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive material, heat, wrecked or discarded equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, municipal or agricultural wastes and includes certain characteristics of wastewater (including, but not limited to, pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical, chemical, or biological processes, process changes, or other means, except that dilution shall not constitute treatment or pretreatment unless allowed by an applicable pretreatment standard.

Pretreatment requirement means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard imposed on an industrial user, and shall include BMPs related to pretreatment imposed on a user as may have been established pursuant to the laws or regulations of the United States, the State of Arizona, or the City, and conditions of a wastewater discharge permit.

Pretreatment standard means prohibited discharge standards, categorical pretreatment standards, and local limits established pursuant to the laws or regulations of the United States, the State of Arizona, or the City.

Private septic tank system means a septic tank or other system that is maintained by the property owner.

Private sewer means any wastewater collection system other than the POTW.

Prohibited discharge standards mean absolute prohibitions against the discharge of certain substances as set forth in section 49-161.

Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

Public sewer means a lateral, main or trunk sewer controlled and maintained by the City.

Publicly Owned Treatment Works (POTW) means a treatment works as defined by Section 212 of the Act which is owned by the City or another municipality and includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

Public utility easement means land, which by conveyance of easement is dedicated to the public for the City's ownership and maintenance of a utility line and associated appurtenances.

Replacement costs means those expenditures made for obtaining and installing equipment, accessories and/or appurtenances during the service 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 means a composite sample obtained by flow proportional sampling techniques. If the Water Resources Division determines that flow proportional sampling is not feasible, the sampling by time proportional composite or composites of grab samples will be allowed according to EPA requirements.

Revenue means, in general, additions to cash or other current assets that do not increase any liability of reserve, nor represent the recovery of an expenditure.

Right-of-way means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.

Sample day means any twenty-four (24) consecutive hours during which the sampled discharge is representative of the user's discharge.

Sewage means human excrement and similar matter from toilets and gray water.

Sewer means a wastewater conveyance or conduit system which carries sewage and/or non-domestic wastewater and to which stormwater, surface water, and ground water are not intentionally admitted.

Sewer tap means a wye or tee connected to a sewer.

Sewerable area means that property, or portion thereof, which may feasibly be drained by gravity by normal sewer construction, as determined by agreement between the City and the developer.

Shall is to be construed as mandatory.

Significant industrial user (SIU) means:

(a)

All users subject to categorical pretreatment standards.

(b)

All users that:

(1)

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

(2)

Contribute a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW; or

(3)

Are designated as such by the division on the basis that they have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(c)

The City may determine that an industrial user subject to categorical pretreatment standards is a non-significant industrial user rather than a significant industrial user on a finding that the industrial user never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

(1)

The industrial user, prior the City's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

(2)

The industrial user annually submits the certification requirement required in 40 CFR § 403.12(q), together with any additional information necessary to support the certification statement; and

(3)

The industrial user never discharges any untreated concentrated wastewater.

(d)

Upon a finding that a user meeting the criteria in subsection (b) of this section 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 an industrial 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.

Significant Non-Compliance (SNC) means a significant industrial user in violation of one or more of the following criteria or any other industrial user in violation of subparagraphs (c), (d), or (h):

(a)

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR § 403.3(l);

(b)

Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of 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(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

(c)

Any other violation of a pretreatment standard or requirement as defined by 40 CFR § 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW 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);

(d)

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

(e)

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

(f)

Failure to provide, within forty-five (45) 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;

(g)

Failure to accurately report noncompliance;

(h)

Any other violation or group of violations, which may include a violation of BMPs, which the division determines will adversely affect the operation or implementation of the local pretreatment program.

Single Family Residential means one (1) dwelling unit is serviced by a single sewer tap in which only a single family typically resides and is connected to the sewer system.

Slug load or slug discharge means any discharge at a flow rate or concentration which could become a violation of the prohibited discharge standards in this article. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate this article, local limits, the Intergovernmental Agreement, or a POTW's permit conditions.

Standard Industrial Classification (SIC) means a classification pursuant to the "Standard Industrial Classification Manual" issued by the Executive Office of the President-Office of Management and Budget, as it may be revised from time to time.

Storm drain means a pipe conduit which carries storm and surface water and drainage, but excludes sewage and industrial wastes.

Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.

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

Total suspended solids (TSS) means the total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid and that is removable by filtration.

Town of Paradise Valley means the incorporated Town of Paradise Valley, Maricopa County, Arizona.

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

Wastewater means treated or untreated liquid or water-carried non-domestic industrial wastes and/or sewage from residential dwellings or commercial, industrial or manufacturing facilities.

Wastewater discharge permit means the control mechanism issued to an industrial user and as provided for in sections 49-165 and 49-166.

Wastewater treatment plant or treatment works means that portion of the POTW which is designed to provide treatment of sewage and wastewater.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. No. 2623, § 2, 12-20-93; Ord. No. 3586, § 1, 9-21-04, eff. 1-1-05; Res. No. 7368, § 1, 10-2-07; Ord. No. 3755, § 1, 10-2-07; Ord. No. 4011, § 1(Res. No. 9017, Exh. A), 5-15-12, eff. 7-1-12; Ord. No. 4077, § 1(Res. No. 9374, Exh. A, § 1), 5-14-13; Ord. No. 4147, § 1(Res. No. 9706, § 1), 5-13-14; Ord. No. 4134, § 1(Res. No. 9629, Exh. A, § 1), 6-17-14; Ord. No. 4194, § 1(Res. No. 10054, § 1, Exh. A), 5-12-15; Ord. No. 4308, § 1(Res. No. 10799, § 1(Exh. A)), 5-23-17, eff. 7-1-17)

Editor's note

Sections 3 and 4 of Ord. No. 4134 state: the provisions contained in § § 49-91, 49-99, 49-161—49-167, and 49-181—49-185 repealed by this ordinance will continue in full force and effect until August 1, 2014, but as of August 1, 2014, those provisions shall be considered repealed. However:
(a) all violations of the repealed provisions which occur before their repeal may be fully prosecuted;
(b) all permits issued under the repealed provisions shall remain valid for their stated term unless sooner terminated or amended pursuant to new sections 49-165 through 49-169 as adopted by this ordinance. The discharge prohibitions and limitations contained in new sections 49-161 through 49-163 will apply to all existing permits and users as of August 1, 2014. Except as provided above, the effective date of the ordinance is July 17, 2014.