§ 12.16.010. Definitions.

The following terms have the meanings ascribed to them in this chapter:

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

Administrative hearing officer means the person designated by the city to hear matters pursuant to section 12.16.395 and article III.

Apartment house shall mean the same as "multiple-family residential units."

Approval authority means the state director in an NPDES state with an approved state pretreatment program or the regional administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.

Authorized representative of the industrial user means:

(a)

If the industrial user is a corporation:

(1)

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

(2)

The manager of one or more manufacturing, production, or operating 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 major 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 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 government facility: A city or district or highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or their designee.

(d)

The individuals described in paragraphs (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, and the written authorization is submitted to the director.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in section 12.16.530 of this chapter. BMPs may also include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMPs shall be considered local limits and pretreatment standards for the purposes of this article, Section 307(d) of the Act and 40 CFR Section 403.5(c)(4).

BOD or biochemical oxygen demand means the measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five days at 20 degrees Celsius and expressed in terms of milligrams per liter (mg/L).

Bypasses are prohibited except as allowed under 40 CFR Section 403.17.

Casino means a place where games of chance or gambling devices are made available for play by the public and is associated with a hotel or is a separate establishment. Businesses with less than 20 slot machines are not to be classified as a casino.

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

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of industrial users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

City means the City of Reno, Nevada.

COD or chemical oxygen demand means the measure of the amount of oxygen required to oxidize organic and oxidizable inorganic compounds that is susceptible to oxidation by a strong chemical oxidant under laboratory procedures and expressed in milligrams per liter (mg/L).

Composite sample means a representative flow-proportioned sample generally collected within a 24-hour period and combined according to flow. Time-proportional sampling may be approved or used by the city where time-proportional samples are believed representative of the discharge.

Connection fees mean the payment made for the permission to make a direct or indirect connection to the sewer system.

Daily maximum discharge limit means the maximum allowable concentration of a pollutant(s) that may be discharged during a 24-hour period or as specified in an industrial user wastewater discharge permit. Where daily maximum limitations are expressed in units of mass, the discharge is the total mass discharged over the sampling period.

Director means the public works director or his duly authorized representative.

Discharge means the addition of any substance to the sewer system.

Discharger means any person that discharges or causes a discharge to a public sewer.

Domestic sewage means domestic (sanitary) wastes and wastewater from residential sources including, but not limited to, wastewater from kitchen, bath, and laundry facilities; or wastewater from the personal sanitary conveniences (toilets, showers, bathtubs, fountains, noncommercial sinks and similar structures) of commercial, industrial or institutional buildings, provided that the wastewater exhibits characteristics that are similar to those of wastewater from normal residential activities.

Dwelling units means a building or portion thereof designed and/or used to house not more than one family, including necessary employees of each such family.

Easement means an acquired legal right held by the city for the specific use of land owned by others.

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 administrator or other duly authorized official of said agency.

Existing source means a source of discharge by an industrial user, the construction of which commenced prior to the publication of the proposed categorical pretreatment standard which is subsequently promulgated in accordance with Section 307 of the Clean Water Act, or as otherwise specified in the applicable categorical pretreatment standard.

Fats, oil and grease or FOG means the non-petroleum organic polar compounds derived from animal or plant sources such as fats, non-hydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical procedures established in 40 CFR Part 136.

Fixture means a device which drains or "discharges" to the sewage collection system and includes but is not limited to, bathtub, sinks, drinking fountain, dishwasher, lavatory, water closet, showers, etc.

Geothermal water is water heated naturally by the earth and all dissolved or entrained minerals contained therein.

Grab sample means a sample which is taken from a waste stream on a one-time basis with no regard to the flow and over a period of time not to exceed 15 minutes.

Hazardous waste means any waste designated as hazardous under the provisions of 40 CFR Part 261.

Hotel means a building occupied or intended to be occupied for compensation, as the temporary residence for transient guests, primarily persons who have residence elsewhere, with interior hall and lobby, and with access to each room from such interior hall or lobby.

Indirect discharge or discharge mean the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act (including holding tank waste discharged into the system).

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

Industrial (non-domestic) wastes means the liquid or solid wastes from industrial manufacturing processes, trade or business activities producing non-domestic or non-residential sewage as distinct from domestic sewage.

Industrial user means a commercial, industrial, or governmental entity that has a sewer connection to the POTW or that generates wastewater discharged to the POTW through waste hauling.

Infiltration means the water which enters the sewer lines from the ground, usually through pipe and manhole joints.

Inflow means the water discharged into the wastewater system from such sources as but not limited to roof leaders, cellar, yard, and area drains; foundation drains; drains from springs, manhole covers; cross-connections from storm sewers and combined sewers, surface runoff; etc.

Instantaneous limit means the maximum or minimum concentration or measurement of a pollutant property allowed to be discharged at any time for any length of time. For pollutants, compliance is typically determined by use of a grab sample.

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

(a)

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

(b)

Is a cause of violation of any requirement of the city's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, or any 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 Resources Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solids Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Local limits mean any regulation containing pollution discharge limits promulgated by the city in accordance with 40 CFR Section 403.5(c) and (d), which are deemed to be pretreatment standards and contained in subsection 12.16.565(c) of this chapter.

Mobile home means a structure, intended for use as a single-family dwelling, eight feet or greater in width and 28 feet or greater in length, designed to be moveable but not self-motive.

Mobile home estate means a lot or parcel of land upon which there can be placed a single mobile home for occupancy as a single-family dwelling.

Mobile home park means a parcel or tract of land having as its principal use the rental, leasing, or occupancy of space by two or more mobile homes on a permanent or semipermanent basis, including accessory buildings, or uses customarily incidental thereto.

Motel means a building occupied or intended to be occupied, for compensation, as the temporary residence for transient guests, primarily persons who have residence elsewhere, with access to each room or unit from an outside porch or landing and with accessible parking spaces on or near the premises under the same ownership.

Multiple-family residential unit means a building designed and/or used to house two or more families, living independently of each other, including necessary employees of each such family and includes units which may have shared kitchen facilities.

National Pollution Discharge Elimination System or NPDES Permit means the State of Nevada program for issuing, conditioning, and denying permits for the discharge from point sources into waters of the state pursuant to NAC 445A Sections 228-263 and Section 402 of the Act.

New source means:

(a)

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which is 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 or production equipment that causes the discharge of pollutants at an existing source; or

(3)

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(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, structure, facility or installation meeting the criteria of paragraphs (a)(2) or (a)(3) of this definition 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:

(1)

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

(i)

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

(ii)

Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(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 paragraph.

Normal domestic strength wastewater means wastewater, when analyzed in accordance with procedures established by the EPA pursuant to 40 CFR Part 136, as amended, contains no more than 174 mg/L of BOD ₅ and/or more than 150 mg/L of TSS. Surcharge rates are shown in section 12.16.200.

Officer and environmental control officer means a person authorized by the "director" to inspect wastewater generation, conveyance, processing and disposal facilities.

Pass-through means a discharge which exits the POTW to waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of a POTW's NPDES permit including an increase in the magnitude or duration of a violation.

Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, society, group, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

pH means the negative logarithm (base 10) of the concentration of hydrogen ions per liter and reported as standard units (S.U.).

Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

Premises means a parcel of real estate or portion thereof including any improvements thereon which is determined by the city to be a single user for purposes of receiving, using and paying for service.

Pretreatment or treatment 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 can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR Section 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR Section 403.6(e).

Pretreatment requirements means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

Pretreatment standard or standard mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. The term includes prohibitive discharge limits, local limits, and best management practices that are or may be established by the city. In cases of differing standards or regulations, the more stringent shall apply.

Publicly owned treatment works or POTW means a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by a state or municipality. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances which convey wastewater to the POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

Recreational vehicle park means a parcel or tract of land, having as its principal use the transient rental or occupancy of space by two or more recreational vehicles, including accessory buildings, structures or uses customarily incidental thereto.

Rooming house or dormitory means a room or rooms that are used for sleeping with a bathroom or common bathroom accommodations and may or may not have shared kitchen facilities and may or may not have a managerial apartment. This section is not to be defined as a "single-family dwelling" nor as a "multiple-family residential unit."

Shall is mandatory; may is permissive.

Significant industrial user or SIU . Except as provided in subsection 12.16.610(a), a significant industrial user is:

(a)

An industrial user subject to categorical pretreatment standards; or

(b)

An industrial user that:

(1)

Discharges an average of 25,000 gallons per day (25,000 gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);

(2)

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

(3)

Is designated as such by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

Single-family dwelling means a building designed and/or used to house not more than one family, including necessary employees of such family.

Slug load or slug discharge means any discharge at a flow rate or concentration, which could cause a violation of the specific prohibitions in section 12.16.530. 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, or a discharge which exceeds the hydraulic or design of a industrial users treatment system or any part of the treatment unit including a discharge which has a reasonable potential to cause interference or pass through or in any other way violate an applicable pretreatment standard or requirement or a wastewater discharge permit issued by the city.

Standard industrial classification or SIC is a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, as amended.

Storm drain or storm sewer means every pipe, culvert, flume, ditch, gutter, storm sewer, cistern, tank, drain, lake, pond, stream, ravine, gully or other facility or natural feature, that contains, holds, transports, diverts, channels, impounds, or drains water, into which any naturally occurring stormwater runoff within the city may seep, percolate or flow; and every street, sidewalk, alley, gutter, roof, parking lot, yard, field, driveway, patio and other surface within the city across which any naturally occurring stormwater runoff may seep, percolate or flow.

Surcharge means a charge to an industrial/commercial discharger whose discharge waste strength is in excess of local domestic wastewater.

Total dissolved solids (TDS) are the "residue-on-evaporation" of the filterable solids in water or wastewater, otherwise known as that portion of solids that passes through a glass fiber filter and dried at 180 degrees Celsius (180°C) using a method approved in 40 CFR Part 136.

Total suspended solids means the total suspended matter, expressed in milligrams per liter, that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136, as amended.

Total inorganic nitrogen includes nitrites, nitrates and ammonia. The total inorganic nitrogen is expressed as N and is determined by methods approved in 40 CFR Part 136.

Total phosphate includes orthophosphates, polyphosphates, and organic phosphate. The total phosphate is expressed as P and is determined by methods approved in 40 CFR Part 136.

Toxic pollutant means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under Section 307(a) of the Act or as otherwise listed in 40 CFR Part 122, Appendix D.

Upsets are prohibited except as allowed by under 40 CFR 403.16.

User means a "discharger" as defined herein.

User charge means the sewer service charge to users of the "wastewater facilities".

Vacancy means the property is habitable but not occupied.

Waste includes sewage and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of disposal.

Wastewater means wastes and water, whether treated or untreated, discharged to the city's "wastewater facilities."

Wastewater discharge permit is a permit issued to an industrial user by the city that regulates the discharge of pollutants and flow to the POTW and applies pretreatment standards and requirements, as appropriate, as set forth in article III of this chapter.

Wastewater facilities includes "wastewater" collection interceptor sewers, wastewater treatment works (Reno-Sparks JWPCP and Reno-Stead treatment plant), pumping plants, and outfall sewers. Also see "Publicly-owned treatment works."

(Ord. No. 2899, § 1, (7.20.010), 8-25-80; Ord. No. 2993, § 1, 6-28-82; Ord. No. 3494, § 1, 5-11-87; Ord. No. 3924, § 1, 2-27-90; Ord. No. 4038, § 1, 12-11-90; Ord. No. 4535, § 1, 7-11-95; Ord. No. 4543, § 1, 8-8-95; Ord. No. 4915, § 1, 9-22-98; Ord. No. 6197, § 1, 8-24-11; Ord. No. 6305, § 1, 8-28-13; Ord. No. 6356, § 1, 12-10-14; Ord. No. 6438, § 2, 9-27-17)

Cross reference

Definitions generally, § 1.01.020.