Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE

Part III
WASTEWATER DISCHARGES AND TREATMENT WORKS

Division I
GENERAL PROVISIONS

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SEC. 7-088. GENERAL PROVISIONS:

SEC. 7-088.1. PURPOSE AND POLICY:
This Part sets uniform requirements for discharges into wastewater collection and treatment system and enables the City of Stockton to comply with the administrative provisions of the Clean Water Act, the water quality requirements set by the Regional Water Quality Control Board and the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required or authorized by State or Federal law, and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharged into those systems. This Part provides for the setting of user charges and fees for the equitable distribution of costs to all users, the issuance of permits to certain users, authorizes monitoring and enforcement activities, and requires user reporting. Revenues derived from the application of this Part shall be used to defray the City of Stockton's cost of operating and maintaining an adequate wastewater collection and treatment system and to provide sufficient funds for capital outlay, bond service costs, capital improvements and depreciation. The objectives of this Part to comply with the Clean Water Act are:
1. To prevent the introduction of pollutants into the municipal wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
2. To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
3. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
4. To provide for equitable distribution of the cost of the municipal wastewater system.
This Part shall apply to the "City of Stockton" and to persons outside the "City" who are, by contract or agreement with the "City," users of the "City" Publicly Owned Treatment Works (POTW). Except as otherwise provided herein, the Director of the Municipal Utilities Department shall administer, implement and enforce the provisions of this Ordinance.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.2. REFERENCE TO PLUMBING ORDINANCE:
All plumbing Ordinances shall remain in full force and effect, and nothing contained herein shall be construed as to waive any requirements contained therein.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.3. DELEGATION OF POWERS:
A power or duty of any City officer hereunder may be exercised by a person authorized pursuant to law by said officer.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.4. DIRECTOR TO ENFORCE:
The Director or his designated representative shall enforce the provisions hereof and for such purposes shall have the powers of a peace officer. Such powers shall not limit or otherwise affect the powers or duties of any other City officials.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

 

 

SEC. 7-088.5. MINIMUM STANDARDS:
Sewage treatment plants and facilities shall be designated so as to protect underground and surface waters from pollution and prevent the creation of a nuisance or a menace to the public peace, health or safety.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.6. TIME LIMITS:
Any time limit provided for herein may be extended by consent of the officer concerned.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.7. CITY NON-LIABILITY:
The provisions hereof shall not be construed to relieve from or lessen the responsibility of any person of the damages to life or property in the discharge of industrial wastes nor shall the City of Stockton, nor any agent thereof, be held as assuming any liability by reason of performance of duties hereunder.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.8. DEFINITIONS:
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated:
1. "Act or `The Act'" - The Federal Water Pollution Control Act, and the Clean Water Act, and any amendments thereto.
2. "Approval Authority" - The State of California Central Valley Regional Water Quality Control Board (Region 5).
3. "Authorized representative of industrial user" - An authorized representative of an industrial user may be:
a. A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
b. A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or
c. A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
4. "Beneficial uses" - Uses of the Waters of the State that may be protected against quality degradation include, but are not necessarily limited to: domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by Federal or State law.
5. "Biochemical Oxygen Demand (BOD)" - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, as described in the current edition of Standard Methods for the Examination of Water and Wastewater.
6. "Blowdown" - To discharge recirculating water for the purpose of discharging materials contained in the water which if allowed to build up further in the water would concentrate in amounts exceeding limits considered acceptable pursuant to best engineering practices.
7. "Building sewer" - A sewer conveying wastewater from the premises of the user to the POTW.
8. "Bypass" - The intentional diversion of waste streams from any portion of a user's treatment facility.
9. "Categorical standards" - Standards promulgated pursuant to Sections 307(b) and (c) of the Clean Water Act.
10. "Cesspools" - Lined or partially lined underground pits into which raw sanitary sewage is discharged.
11. "CFR" - Code of Federal Regulations.
12. "City" - The City of Stockton or the Stockton City Council.
13. "Collection system" - The combined pipes, conduits, manholes, and other structures, either above or underground, used to convey sanitary wastewater or storm water.
14. "Color" - The optical density at the visual wave length of the maximum absorption, relative to distilled water with one hundred percent (100%) transmittance equivalent to zero (0.0) optical density.
15. "Composite sample" - The sample resulting from a combination of individual wastewater samples taken at selected intervals based on increments of flow or time.
16. "Cooling water" - The water discharged from any uses such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
17. "Commercial or industrial sewage" - Any and all liquids and/or solids contained within liquids from industrial, commercial or institutional processes except liquid borne wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal, without special treatment, into the sanitary sewage system.
18. "Compatible pollutant" - Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the City of Stockton's National Pollution Discharge Elimination System (NPDES) permit.
19. "Contamination" - Any impairment to the quality of the waters of the State by waste to a degree which creates a hazard to the public health through degradation or through the spread of disease. Contamination shall include any equivalent effect resulting from the disposal of wastewater, whether or not waters of the State are affected.
20. "Control authority" - The Director of the City of Stockton Municipal Utilities Department or the Director's duly appointed representative.
21. "Critical user" - A user who is required to obtain an Industrial Waste Permit as defined in Section 7-090.2 of this Part.
22. "Direct discharge" - The discharge of treated or untreated wastewater directly to the Waters of the State of California.
23. "Director" - The Director of Municipal Utilities Department of the City of Stockton.
24. "Discharge" - Any measurable quantity of wastewater released to the public sewer.
25. "Domestic sewage" - Wastewater which does not contain industrial or commercial process wastewater and which is discharged from a residential dwelling.
26. "Duplex" - A premises which is designated improved or used as a residence for two (2) families and no more, living separately in separate dwelling units, and which is not designed, improved or used for any other purpose.
27. "Effluent" - The liquid outflow of any facility designed to treat, convey or retain wastewater.
28. "Environmental protection agency (EPA)" - The United States 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.
29. "Excursion" - An unintentional and temporary incident in which any pollutant parameters of discharged wastewater exceeds the range set forth in this Chapter.
30. "Existing source" - Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
31. "Grab sample" - A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time or strength.
32. "Grease, oil, or fats" - Any material that is freon extractable or any like material.
33. "Hazardous waste" - Any wastes identified and or defined as "hazardous wastes," "extremely hazardous wastes," or "acutely hazardous wastes" pursuant to any provisions of the California Health and Safety Code, the Resource Conservation and Recovery Act, and any other Federal, State, or local regulation, law, or ordinance.
34. "Health officer" - The Officer of the San Joaquin County Health District, or an authorized representative.
35. "Holding tank waste" - Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, boats, septic tanks and vacuum pump tank trucks.
36. "Incompatible pollutant" - Any pollutant which is not a compatible pollutant as defined in this Part.
37. "Indirect discharge" - The discharge of pollutants to a POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Federal Clean Water Act, including discharges of holding tank waste to the POTW.
38. "Industrial connection sewer" - The sewer between the property line and the public sewer through which liquid industrial waste is discharged.
39. "Industrial user" - Any source of indirect discharge.
40. "Industrial waste" - Either liquid or solid waste from any industrial or commercial process or activity.
41. "Inspector" - The authorized inspector or representative of the Director.
42. "Institutional owner" - Any owner, public or private, operating a public or nonprofit school, church, hospital, lodge, club, fire department, library, memorial building or other public or nonprofit activity.
43. "Interference" - A discharge which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW treatment processes, its operations, or its sludge process, use or disposal; and, therefore, causes a violation or increases the magnitude or duration of a violation of the POTW's NPDES permit, or prevents sewage sludge use or disposal as required by applicable Federal, State, or local statutes, regulations, or permits, including, but not limited to, permits issued under the Solid Waste Disposal Act (SWDA), Title II more 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, or the Toxic Substances Control Act. A user shall be deemed to have contributed to the POTW's permit violation whenever the user:
a. Discharges a daily pollutant loading in excess of that allowed by Federal, State, or local regulations or law or the user's permit, if any, with the POTW;
b. Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or
c. Discharges when the user knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation or prevent sewage sludge processing, use, or disposal as required by the above-referenced authorities as they apply to the POTW's selected method of sludge management.
44. "Lower explosive limit (LEL)" - The minimum concentration of a combustible gas or vapor in air which will ignite if an ignition source is present.
45. "Mass emission rate" - The mass of materials discharged to the sewage system during a given time interval. Unless otherwise specified under Federal, State, or local laws or regulations or in the user's permit, if any, with the POTW, the mass emission rate shall mean pound per day of a particular constituent or combination of constituents.
46. "Medical waste" - Isolated wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
47. "Multiple-family dwelling unit" - A premises which is designed, improved or used as a residence for three (3) or more families, living separately in separate dwelling units, and which is not designed, improved or used for any other purpose.
48. "National Pollution Discharge Elimination System (NPDES)" - A permit issued by the Approval Authority pursuant to the Act which allows the POTW to discharge to the Waters of the State.
49. "National pretreatment standards, pretreatment standards, or standards" - Any regulation containing pollutant discharge limits promulgated by EPA under Sections 307 (b) and (c) of the Clean Water Act applicable to industrial users, including the general and specific prohibitions found in 40 CFR 403.5 and limits established by the City of Stockton as set forth under Section 7-089.16 and Section 7-089.17 of this Part and any additional pretreatment limitations set forth in any permit issued by the City pursuant to this Part.
50. "New source" -
a. 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:
(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 Paragraph a(2) or (3) above 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 on-site construction program;
(a) Any placement, assembly, or installation facilities or equipment; or
(b) 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.
51. "Nuisance" - Anything which is injurious to health or is indecent or offensive to the senses or an obstruction to the free use of property so as to interfere with the comfort or enjoyment of life or property or which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
52. "Other residential" - A building or group of buildings containing individual guest rooms for one or more guests, including, but not limited to, motels, boarding houses, hotels, rooming houses, dormitories, fraternities, sororities, etc.
53. "Pass through" - A discharge which exits the POTW in quantities or concentrations which, alone or with discharges from other sources, causes or contributes to a violation or increases the magnitude of the violation of the POTW's NPDES permit. A user shall be deemed to have contributed to the POTW's permit violation whenever the user:
a. Discharges a daily pollutant loading in excess of that allowed by Federal, State, or local law or pursuant to the user's contract, if any, with POTW;
b. Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or
c. Discharges when such user knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or
d. Discharges when such user knows or has reason to know that the POTW is violating the final effluent limitations of its permit and the user's discharge, alone or in conjunction with discharge or discharges from other sources, increases the magnitude or duration of the POTW's violation.
54. "Person" - Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.
55. "pH" - The scale of 1 to 14 which measures acidity and alkalinity; 7.0 being neutral, 0-7 being acidic, and 7-14 being basic or alkaline. Technically, it is the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
56. "Permittee" - The person, firm, or organization to whom a permit has been issued in accordance with this Part.
57. "Plumbing fixture" - Any item which contains a collection device for wastewater connected directly or indirectly to the sanitary sewage system, including, but not limited to, a toilet, urinal, shower, tub, sink, basin, lavatory, floor drain, or automatic washing machine.
58. "Point of discharge" - The point at which any private sewer joins the public sewer lateral.
59. "Pollutant" - Anything which degrades the quality of the environment. For water pollution, this may include any substance, vector, or quality (such as heat) that degrades or alters the inherent quality of the water.
60. "Pollution" - An alteration of the quality of the waters of the State by waste to a degree which unreasonably affects such waters for beneficial use of the facilities which serve such beneficial uses. Pollution may include contamination.
61. "Premises" - A parcel of real estate including any improvements thereon which is determined by the City of Stockton to be used for the purpose of receiving, using, and paying for a service provided by the City.
62. "Pretreatment or treatment" - The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state 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, or process changes or other means, except as prohibited in 40 CFR.
63. "Pretreatment requirements" - Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
64. "Publicly-owned Treatment Works (POTW)" - A treatment works, as defined by the Act, which is owned by the City of Stockton. 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 only if they convey wastewater to a POTW. The term also means the municipality, as defined in the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
65. "Public corporation" - The City of Stockton or any political subdivision of the City, County, District, the State of California, or the United States of America, or any department or agency thereof. The singular shall include the plural.
66. "Public sewer" - A sewer owned and operated by the City of Stockton or other public agency tributary to a treatment works operated by the City of Stockton and dedicated to public use.
67. "Radioactive material" - Any material containing chemical elements which spontaneously change their atomic structure with the emission of atomic energy.
68. "Reclaimed water" - Water which, as a result of treatment of waste, is suitable for direct beneficial use or a controlled use that would not otherwise occur.
69. "Sanitary sewer" - A main line sewer for the acceptance of any sewage or liquid waste except storm water, surface water, groundwater, roof runoff or other unpolluted water.
70. "Sewage" - Water or a combination of liquid or water containing human waste conducted away from residences, business buildings, and institutions which is known as domestic or sanitary, together with the liquid or water carried waste resulting from a manufacturing process employed in commercial or industrial establishments including washing, cleaning, or drain water from such processes which is known as industrial waste.
71. "Sewerage system" - All sewer treatment plants and all other facilities owned and operated by the City of Stockton for carrying, collecting, treating, and disposing of sanitary sewage and industrial waste.
72. "Shall or may" - Shall is mandatory; may is permissive.
73. "Significant industrial user" - Any categorical or other industrial user which:
a. Discharges twenty-five thousand (25,000) gallons or more of process wastewater per day, excluding sanitary, noncontact cooling, and boiler blowdown wastewater; or
b. Contributes a process wastewater which makes up five percent (5%) or more of the dry weather average hydraulic or organic capacity of the POTW; or
c. Is designated as such by the control authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating a pretreatment standard or requirement.
74. "Significant noncompliance" - As defined by 40 CFR 403.8(f)(2)(vii).
75. "Single-Family Dwelling Unit (SFDU)" - A premises which is designed, improved, or used as a residence for one (1) family only, and which is not designed, improved, or used for any other purpose.
76. "Sludge" - Any solid, semisolid, or liquid decant, subnate, or supersubnate produced by any manufacturing process, utility service, or pretreatment facility operation.
77. "Slug load" - Any discharge at a flow rate or concentration which could violate the discharge standards set forth in Section 7-089.1 of this Part or any discharge of a nonroutine episodic nature including, but not limited to, an accidental spill of a noncustomary batch disorder.
78. "Standard buffer" - A solution prepared with a known pH, and, when compared with the National Bureau of Standard's Reference Material, has a tolerance of plus or minus 0.02 pH at 25o Celsius.
79. "Standard Industrial Classification (SIC)" - A standardized classification of all industrial users according to their primary processes, products or services pursuant to the current edition of the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget.
80. "State" - State of California.
81. "Stored liquid wastes" - Liquid wastes that have been collected and held in tanks or containers. Wastes of this category include but are not limited to:
a. Septic tank pumping;
b. Chemical toilet wastes;
c. Trailer, camper, housecar or other recreational vehicle wastes;
d. Cesspool pumping; and/or
e. Leach pit pumping.
82. "Storm drainage system" - All conduits, pumping plants, collection facilities, and other appurtenances owned and operated by the City of Stockton for carrying, collecting, pumping and disposing of storm water, surface water, groundwater, roof runoff or other unpolluted water.
83. "Storm water" - Water to which no pollutant has been added, either intentionally or accidentally, other than street wash, surface water, rain water runoff, or drainage, but excludes sewage, commercial and industrial waste. One pass cooling water may be considered as storm water.
84. "Total Suspended Solids (TSS)" - As defined in Section 209 of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Water Works Association, and Water Pollution Control Federation, Washington, D.C.
85. "Toxic Pollutant" - Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Clean Water Act Section 307(a) or other acts.
86. "Total Toxic Organics (TTO)" - The sum of the masses of concentrations of specific toxic organic compounds in the wastewater discharge at a concentration greater than 0.01 mg/l as referenced in 40 CFR, Part 413.02.
87. "Unpolluted water" - Water to which no pollutant has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.
88. "User" - Any person who contributes, causes, or permits the contribution of wastewater into the City's POTW.
89. "User charge system" - A method for assessing fees for operations and maintenance of the POTW as set forth in 40 CFR, Part 35.
90. "User classification" - A classification of user based on the current edition of the SIC Manual.
91. "Waste" - Includes sewage and any 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.
92. "Wastewater" - The liquid portion of industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
93. "Waters of the State" - All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
94. "Wastewater constituents and characteristics" - The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate, and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
95. "Wastewater discharge permit" - As set forth in Section 7-090.2 of this Part.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Amended by Ordinance 049-90C.S. — Effective August 30, 1990) (Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-088.9. ABBREVIATIONS:
The following abbreviations shall have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
l - Liter
mg - Milligrams
mg/l - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
pH - Hydrogen Ion Concentration
POTW - Publicly Owned Treatment Works
SFDU - Single Family Dwelling Unit
SIC - Standard Industrial Classification
SWDA - Solids Waste Disposal Act, 42 USC 6901, et. seq.
TOC - Total Organic Carbon
TSS - Total Suspended Solids
TTO - Total Toxic Organics
USC - United States Code.
(Amended by Ordinance 3690-C.S. — Effective Oct. 10, 1983)