Skip to main content
Loading…
This section is included in your selections.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

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

“AKART” means all known, available, and reasonable methods of prevention, control, and treatment. AKART shall represent the most current methodology that may reasonably be required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. The term “best management practices” is considered a subset of the AKART requirement.

“Approval authority” means the Washington State Department of Ecology, Water Quality Program Manager.

“Authorized or duly authorized representative of the user” means:

1. If the user is a corporation:

a. 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

b. 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 control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

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

3. 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 their designee.

4. The individuals described in subsections 1 through 3 of this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the director.

“Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in VMC 14.10.050(A) and (B) and 40 CFR Part 403.5(a)(1) and (b). BMPs may also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/L).

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

“Categorical industrial user” or “CIU” 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 limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 471.

“City” means the city of Vancouver, the city council of Vancouver, or the director of public works, as appropriate.

“Composite sample” means a representative composite of samples of a waste stream taken throughout the period of a calendar day or equivalent representative 24-hour period when discharges are produced by a regulated activity. Composite samplers must interface with a flow metering device to produce a representative “flow proportionate” composite sample unless the director has determined that flow proportionate samples are not required or the analyte is not amenable to composite sampling (pH, temperature, oil, etc.).

“Control authority” means the city of Vancouver.

“Control document” means a wastewater discharge permit or any other formal written wastewater discharge authorization or prohibition issued by the director.

“Daily limit” or “daily maximum limit” means the maximum allowable discharge of a pollutant over a calendar day or equivalent representative 24-hour period. Where daily limits are expressed in units of mass, the daily discharge is calculated by multiplying the daily average concentration and total flow volumes in the same 24-hour period by a conversion factor to get the desired units. Where daily limits are expressed in terms of a concentration, the daily discharge is the composite sample value, or flow weighted average if more than one discrete sample was collected. Where flow weighting is infeasible, the daily average is the arithmetic average of all samples if analyzed separately, or the sample value if samples are composited prior to analysis.

“Director” means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the director.

“Discharge” is the same as indirect discharge.

“Disruption” means a discharge which causes (either by itself or in combination with other discharges) a deleterious impact on the structure, function, operation, or maintenance of the POTW, including an increase in maintenance or risk of harm to persons.

“Domestic user” or “residential user” means any person who contributes, causes, or allows the contribution of wastewater to the city POTW that the city determines is of similar volume and/or chemical make-up to that of a residential dwelling unit. Discharges from a residential dwelling unit typically include kitchen wastes, human wastes, and housekeeping cleaning materials in volumes and/or concentrations normally discharged from these classes of users and typically include up to 100 gallons per capita per day, 0.2 pounds of BOD per capita per day, and 0.17 pounds of TSS per capita per day.

“Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, the Regional Administrator, or other duly authorized official.

“Existing source” means any source of discharges subject to categorical standards and discharging prior to the promulgation of those standards or otherwise not meeting the definition of a “new source” in this section.

“Grab sample” means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

“High strength user” means any user who, in any given month, discharges nondomestic wastewater which is found to contain a monthly average of more than 500 pounds per day of BOD or 500 pounds per day of total suspended solids (TSS). Food service establishments that properly implement best management practices (BMPs), and any user classified as an electronics customer in VMC 14.04.230, will not be considered a high strength user.

“Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any user or nondomestic source subject to this chapter or other state or federal regulations.

“Industrial user” is the same as “user.”

“Industrial waste” means any solid, liquid, or gaseous waste resulting from any industrial, manufacturing, trade, health service, educational institution, business, laboratory, research establishments or facility, or from the development, recovery, or processing of natural resources, excluding domestic waste; any nondomestic waste.

“Industrial wastewater” means wastewater, nondomestic wastewater, process wastewater or any liquid wastestream resulting from any industrial, manufacturing, trade, or business process; or from the development, recovery, or processing of natural resources.

“Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a discrete sample. For analytes for which users must take a grab sample for compliance purposes, this standard is the same as the daily maximum limit. For all other pollutants the instantaneous limit shall be twice the daily maximum limit. For analytes for which users must take a composite sample for compliance purposes, this standard is twice the daily maximum limit.

“Interference” means a discharge which causes (either by itself or in combination with other discharges) a violation of the city’s NPDES permit(s) or prevents the intended sewage sludge use or disposal by inhibiting or disrupting the POTW, including its collection systems, pump stations, and wastewater and sludge treatment processes. For example, a discharge from a user which causes a blockage resulting in a discharge at a point not authorized under the city’s NPDES permit(s).

“Local limits” means effluent limitations developed for users by the director to specifically protect the POTW from the potential of pass through, interference, and intended biosolids uses. Such limits shall be based on the POTW’s site-specific flow and loading capacities, receiving water considerations, and reasonable treatment expectations for nondomestic wastewater.

“Medical waste” means 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.

“Minor industrial user” or “MIU” means any industrial user that does not otherwise qualify as a significant industrial user of the POTW and is identified by the director as having the potential to discharge wastewater that, when taken into account with the wastewaters of other industrial users, may have a significant impact on the POTW; or is classified as such by the director.

“Monthly average” means the arithmetic mean of the effluent sample results collected during a calendar month or specified 30-day period. Where composite samples are required, grab samples taken for process control or by the control authority are not to be included in a monthly average.

“Monthly average limit” means the limit to be applied to the monthly average to determine compliance with the requirements of this chapter.

“New source” means:

1. 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, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that:

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

b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. 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.

2. 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 subsection (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

3. Construction of a new source as defined under this subsection has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of faculties or equipment; or

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

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

“Noncontact cooling water” means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Noncontact cooling water may contain protective additives.

“Nondischarging categorical industrial users” or “NDCIUs” means any person that generates wastewater subject to a categorical standard that does not discharge those wastewaters subject to the categorical standard to the POTW. NDCIUs are considered a potential source of indirect discharge.

“Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit(s), including an increase in the magnitude or duration of a violation.

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

“pH” means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard units. pH is an expression of the intensity of the alkaline or acid condition of a liquid. The pH may range from zero to 14, where zero is most acid and 14 most alkaline.

“Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, carbonaceous oxygen demand, 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, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

“Pretreatment facilities” means wastewater treatment equipment, unit, device, facility or portions thereof designed for providing pretreatment of wastewater.

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

“Pretreatment standards” or “standards” means pretreatment standards shall mean discharge prohibitions (VMC 14.10.050), categorical pretreatment standards (VMC 14.10.060), state pretreatment standards (VMC 14.10.070), local limits (VMC 14.10.080), and site specific limits based on potential for vapor toxicity, explosion, sewer corrosion, or other detrimental effects to the POTW.

“Publicly owned treatment works” or “POTW” means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the city. This definition 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.

“Residential user” is the same as a domestic user.

“Septage” is the same as septic tank waste.

“Septic tank waste” or “septage” means sewage and typically associated solids from domestic activities pumped from a septic tank serving one or more private residences. The director may also consider wastes from chemical toilets, campers, trailers, or cesspools to be septic tank waste so long as they are absent chemicals at concentrations which might inhibit biological activity at the POTW.

“Sewage” means human excrement and gray water (from household showers, toilets, kitchens, clothes and dish washing, and related domestic activities).

Significant Industrial User or SIU. Except as provided in subsection (3) of this definition, a “significant industrial user” is:

1. A user subject to categorical pretreatment standards; or

2. A user that:

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

b. 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

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

3. Upon a finding that a user meeting the criteria of subsection (2) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a 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.

“Slug load” or “slug discharge” means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions. This includes discharges at a flow rate or concentration which could cause a violation of the prohibited discharge standards of VMC 14.10.050.

“Standards” is the same as pretreatment standards.

“Stormwater” means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

“Total suspended solids” or “TSS” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.

“User” or “industrial user” means any person that does not qualify as a domestic user and is a source, or potential source, of indirect discharge.

“Wastewater” means any combination of liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

“Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. M-4431 § 3, 2023; Ord. M-3970 § 2, 2010)