§ 1.04.010. Definitions

Unless otherwise indicated herein, the meanings of terms used in this ordinance shall be as follows:

"Abandoned" means the status of any structure that was paying the district's routine service charge and then stops paying the charge for a continuous one year period.

"Activities" means any action, practice or method which contributes or has the potential to contribute pollutants to the district's storm drain system. Activities also include but are not limited to: construction, storage, removal, maintenance, cleaning, clean-up, or industrial process.

"Administrator" means employer or its duly authorized designee for that purpose who shall exercise the discretion or other functions given to the employer under the terms of the deferred compensation plan.

"Annuity contracts" referred to in the deferred compensation plan means an annuity contract (fixed and/or variable) issued by the Hartford Variable Annuity Life Insurance Company.

"Approved laboratory procedure" means any method contained in 40 CFR 136 or otherwise approved by EPA for the determination of flow measurement or pollution concentration of discharges to the public sanitary sewer system.

"Authorized enforcement official" means the engineer/manager or the engineer/manager's duly authorized representative.

"Backflow device" means a device installed in a lateral to release water to the ground surface when flows from the lateral to the mainline sewer is prevented due to a blockage in the lateral, or when flows from the mainline sewer are forced back up the lateral due to a blockage in the mainline sewer. The property owner is responsible for the maintenance of the back flow device.

"Begun construction" is defined as having fully completed grading and construction of the concrete slab(s) or the foundations(s) for all buildings and/or dwellings to be constructed on each individual lot or parcel.

"Beneficiary" means any person designated by the participant to receive a pension, annuity, death benefit, or other benefit under the provisions of the deferred compensation plan, by reason of such participant's death.

"Best management practices (BMP's)" means schedules of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMP's also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge waste or disposal, or drainage from raw material storage.

"Best management practices (BMPs)" shall [also] mean facilities designed to reduce the pollutant load to stormwater.

"Billing agent" means the district or other billing service as shall be determined by the district.

"Billing period" means a monthly, bimonthly, or yearly cycle as established by the district for the customer or user classification.

"Biochemical oxygen demand (BOD)" means the results obtained by using an approved laboratory procedure to measure the quantity of oxygen utilized in the biochemical oxidation or organic matter or in satisfying the oxygen demand of other materials present.

"Car wash" means a single business in a building or buildings on a parcel that provides automated car wash facilities or self-wash facilities.

"Categorical industry" means all industrial dischargers subject to federal categorical pretreatment standards.

"Church" means a building that is used as a place of worship for a congregation. If the building contains living quarters, these quarters shall be chargeable at the single-family dwelling or hotel unit rate, as applicable.

"Clean Water Act (CWA)" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act of Federal Water Pollution Control Act Amendments of 1972, Pub. L. 92-500, as amended by Pub. 1251 et seq.)

"Cleanout" means a device installed on a lateral to provide access to the lateral for cleaning, clearing, or inspecting the lateral. It may be either privately or publicly-owned.

"Commercial" means any premises used for commercial, business, or governmental purposes and discharging a quality and/or quantity of sewage essentially similar to that of a single-family dwelling.

"Commercial unit" means a single business in a building or buildings on a parcel. A single business may be a sole proprietorship, a partnership, professional practice, corporation, etc. A building may contain several commercial units, because each separate business shall be counted as a commercial unit. A commercial unit shall be any retail store, office, medical office, dental office, barber or beauty shop, food service facility that uses disposable dishes and utensils to service customers and that serves pre-packaged food or food that requires minimal preparations (such as assembly of sandwiches), or other business establishment in which one single business is conducted.

"Commercial/industrial" means any premises used for manufacturing, processing or other commercial/industrial purposes which discharges waste, sanitary waste and sewage by reason of the manufacturing, processing or other commercial/industrial purpose involved, or discharges chemicals or putrescent materials allowable by law.

"Commercial/warehouse" is a building open to general business customers for retail purposes, but which also serves as a warehouse for goods. Such use is evidenced by aisles eight and one-half feet or wider, by floors surfaced for warehouse type vehicles, and by exposed beam ceilings.

"Common lateral" means a sewer line which is less than six inches in diameter and serves more than one structure or more than one legal parcel prior to connecting to the district's mainlines.

"Compensation" means all wages or salaries to be paid to an employee for services rendered, without deduction for any portion of such wages or salaries deferred under the provisions of the deferred compensation plan or for any amounts contributed to any program established pursuant to IRC Sections 403(b), 401(k), 408(k)(6), or 501(c)(18).

"Confidential information" means information and data on a discharger including products used, industrial processes or methods of production, etc., which the discharger can demonstrate, to the satisfaction of the engineer/manager, constitute trade secrets. Effluent constituents and characteristics shall not be considered confidential information.

"County" means the county of Solano.

"Current level of development" is the level of development of the land area, or any portion thereof, served by the district at the time of application by a developer or landowner for connection to either the sanitary sewer or storm drain system.

"Customer" means any person, firm, corporation, association or governmental agency served by the district either within or outside of the district's boundary.

"Deferred compensation" means that portion of an employee's compensation which such employee has elected to defer in accordance with the provisions of the deferred compensation plan, subject to the following limitations:

1. The maximum amount that may be deferred under the plan for the taxable year of a participant shall not exceed the lesser of (a) seven thousand five hundred dollars ($7,500.00), or (b) thirty-three and one-third (331/3) percent of the participant's includible compensation (typically twenty-five (25) percent of the participant's compensation).

2. Provided, however, that for one or more of a participant's last three taxable years ending prior to either a participant's normal or deferred retirement date, the maximum amount that may be deferred under the plan shall be the lesser of (a) fifteen thousand dollars ($15,000.00) or, (b) the sum of (i) the limitation in (a) above for the taxable year and (ii) the limitation under (1) above for any prior taxable year or years which began after December 31, 1978, and in which the participant was eligible to participate in the plan less the amount of compensation deferred under the plan for any such prior taxable year or years. A participant may only utilize this subsection (2) once, whether under this plan or any other eligible deferred compensation plan.

3. For any individuals who are participants in more than one plan, the maximum amount of compensation deferred for all plans during any taxable year shall not exceed seven thousand five hundred dollars ($7,500.00) (as modified by the adjustment provided under subsection (2) of these definitions).

4. For any individuals who are participants in an I.R.C. Section 403(b) plan, the amounts excluded in any taxable year under such plans shall be treated as amounts deferred for purposes of subsections (1), (2), and (3) of these definitions for any year of service and shall be treated as amounts excluded under I.R.C. Section 403(b)(2)(A)(ii). Further, for taxable years beginning on or after January 1, 1989, such seven thousand five hundred dollars ($7,500.00) limit shall be reduced by amounts deferred under any qualified cash or deferred arrangement (401(k)), Simplified Employer Plans, 408(k)(6) or 501(c)(18) plans.

"Deferred retirement date" means the date beyond the normal retirement date which is designated by the participant. Such date shall not exceed the earlier of (1) the attainment of the employer's mandatory retirement age, if any, or (2) the date on which the participant incurs a termination of employment.

"Development" means any improvement to a parcel on which no previous improvements have been constructed.

"Discharge" means the release of all fluid, solid, flowing substance, liquid, or any other substance to the district's stormwater system.

"Discharger" means the owner of any parcel of land which is the source of discharge to the public storm sewer system, directly or indirectly.

"District" means Vallejo Sanitation and Flood Control District.

"District board" means the board of trustees of Vallejo Sanitation and Flood Control District.

"District cleanout" means a cleanout at the property line or an easement line. It is maintained by the district and constructed to district standards.

"District manager" means the district manager of Vallejo Sanitation and Flood Control District.

"District rules and regulations" means the rules and regulations for sewer use adopted by the Board and as amended from time to time.

"District storm drain system" means the facilities owned and operated by the district for the collection and discharge of stormwater.

"Domestic wastes" means the water and waterborne wastes normally discharged or flowing from premises occupied by humans as living or business quarters.

"Drive-in/take-out restaurant" is a facility that uses disposable dishes and utensils to serve customers. It is characterized by food service methods emphasizing minimal on-site food preparation. It will not typically have an on-site garbage disposal, food preparation materials such as pots, pans and mixing bowls, or other equipment that discharges waste from food preparation directly in to the sanitary sewer.

"Eligible deferred compensation plan" has the meaning given it by the Internal Revenue Code Section 457 and the regulations thereunder.

"Employee" means any individual defined as eligible for the deferred compensation plan by standards set forth by the employer.

"Employer" means the Vallejo Sanitation and Flood Control District.

"Engineer" means the engineer of Vallejo Sanitation and Flood Control District.

"Environmental Protection Agency (EPA)" means the U.S. Environmental Protection Agency, or where appropriate the term may also be used as a designation for the administration or other duly authorized official of such agency.

"Equivalent dwelling unit" means each unit of sanitary sewer flow equivalent to that typically contributed by a single-family dwelling.

"Equivalent single-family dwelling unit (EDU)" shall be determined by dividing the wastewater flow from the development by the wastewater flow from a single-family dwelling unit.

"Federal categorical pretreatment standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act (U.S.C. 1347) which applies to a specific category of industrial discharger.

"Flows" refer to flows as determined in accordance with the district design criteria. The terms capacity, flow, and flow rate are used synonymously.

"Garbage" means solid waste from the domestic and commercial preparation, cooking, and dispensing of food, the handling, storage and sale of produce, and from the packaging and canning of food.

"Governmental services" shall mean the provision of public goods and toll services under the direct of control of a municipal or public entity.

"Granny flat"—refer to definition for "second-family residential unit."

"Grease, oil, or fats" means any material which is extractable from an acidified sample of a waste by a designated solvent.

"Historic public building" is any building that is registered as an historic building by federal, state or local government or authorized agency thererof and (except for a caretaker) is not used as a dwelling, rental unit, or any other purpose providing income for profit.

"Hospital or convalescent home" unit means permanent bed space, which a hospital or convalescent home uses to accommodate patients, excluding bed space in recovery, surgical, or other bed spaces used for short periods of time in a transitory manner, and similar rooms.

"Hotel or motel" means sleeping quarters without cooking facilities. If the hotel or motel contains units with cooking facilities, each such unit shall be charged the fee applicable to a multiple dwelling unit.

"Illicit connection" means any unauthorized point, or method of connection to the public storm drainage system or district storm drainage system.

"Illicit discharge" means any discharge to the district stormwater system that does not comply with the provisions the NPDES permit issued to the district.

"Impervious surface" means surfaces that water does not penetrate such as concrete, asphalt, roofs, etc.

"Improvement" shall refer to any alteration of, or addition to, property that changes the amount, quality or rate of sanitary sewer discharge from the property.

"Improvement" shall [also] refer to any alteration of, or addition to, property that changes the amount, quality or rate of stormwater drainage from the property.

"Includable compensation" means the remuneration for services performed for the employer which is currently includable in gross income.

"Industrial discharger" means a source of discharge to the public sanitary sewer system from any nondomestic source as regulated under Section 307(b), (c) or (d) of the Clean Water Act.

"Industrial unit" means a building that is used only for the manufacturing, processing, or assembling of a product or material for sale or resale.

"Industrial wastes" means any solid, liquid or gaseous substances discharged or flowing from an industrial, manufacturing, or commercial premises resulting from the manufacturing, processing, treating, recovery or development of natural or artificial resources of whatever nature.

"Infiltration" means the introduction of nonsanitary sewer flows, groundwater, or stormwater, into the sanitary sewer system by reason of intrusion of ground water and/or rain water through joints, cracks or other structural failures of the sewer collection system and its appurtenances.

"Inflow" means the introduction of nonsanitary sewer flows into the sanitary sewer system by reason of improper connections, such as from storm drains or roof drains.

"Interference" means any discharge which alone or in conjunction with discharges from other sources, inhibits or disrupts the wastewater treatment system, its treatment processes or operations, or its sludge processes, use, or disposal and causes a violation of the district's NPDES discharge permit requirements or otherwise prevents sludge use or disposal in conformance with state or federal law.

"Lateral" means the pipe that carries wastewater from a structure or any other facility being provided sewer service to the mainline sewer pipe. The lateral extends from the mainline sewer to a point two feet from the exterior wall of a structure or other facility. It is intended that the lateral serve only one structure or facility. The lateral may also be called the "lateral sewer" or "building sewer." Where a valid district cleanout exists, the lateral will consist of two elements: an upper lateral that is privately-owned, and the lower lateral that is publicly-owned.

"Laundromat" means a business providing self-service laundry facilities. Businesses using washing machines of a type and size typically used in households or self-service laundries will be included in this definition for fees charged per machine.

"Laundry" means a single business in a building or buildings on a parcel providing commercial laundry service.

"Lower lateral" means the publicly-owned portion of the lateral and that portion of the lateral not the upper lateral. It is located in the public right-of-way or easement running from the mainline sewer to a district cleanout.

"Mainline sewer" means a sewer line six inches or greater in unlined diameter which is constructed to accommodate the connection of several laterals. A mainline sewer is a public line if it is located in a public right-of-way or a publicly-owned easement. A mainline sewer is private only if it is located within a private easement recorded in the Solano County recorder's office and an agreement has been recorded identifying the properties served by the mainline and providing for maintenance of the mainline by the served properties. The private mainline must have been constructed after January 1, 1975. Single-family dwellings shall not be served by private mainline sewers unless the engineer/manager issues connection permits to the dwellings stating that such a connection is allowed.

"Maintenance hole" means a structure on a mainline sewer that provides human entry for access to the mainline sewer.

"Manager" means the manager of Vallejo Sanitation and Flood Control District.

"Master planned facilities" are defined as sewerage facilities identified as requiring installation, realignment, replacement, or additional capacity in current master plans prepared by the district.

"Minimum rate" means the wastewater fee charged a single-family dwelling unit.

"Miscellaneous unit" means:

1. Each church which is used as a place of worship for a congregation; but if the structure also contains living quarters, these shall be regarded as a separate unit or units;

2. Each classroom of a public or private school. Each additional structure on school property such as a gymnasium or cafeteria;

3. Each permanent bed space in a hospital or convalescent home;

4. Each doctor office, each doctor suite, or each professional care use area in a hospital or convalescent home;

5. Each public or private overnight camping or mobilehome space.

"Monitoring facility" means a safely accessible facility located at the discharger's connection to the public sanitary sewer system or at the end of an industrial process or pretreatment system, which allows for the inspection, sampling, and flow measurement of a discharge.

"Multiple dwelling unit" means any building or buildings on a single legal land parcel, constructed for occupancy by more than one family. Each of the separate living quarters shall be referred to as a unit.

"Net area of the site" means that area of the parcel being improved, including landscaped areas of any size and any nonlandscaped areas of a parcel that are less than one-sixteenth (1/16) acre in size. The net area shall not include areas already improved for public uses, which deny the owner's use for any other purposes. Easements for underground facilities, setback areas, and other areas not denying the owner's use thereof, shall be included in the net area.

"Noncategorical industry" means all industrial dischargers not subject to federal categorical pretreatment standards.

"Noncontact cooling water" means the water discharged from any system of heat transfer, condensation, air conditioning, refrigeration, or other sources to which no pollutant is added other than heat.

"Nondomestic waste" means the same as "industrial waste."

"Nondomestic wastewater discharger" or "Nondomestic discharger" means any source of discharge of nondomestic waste to the public sanitary sewer system.

"Nonstormwater discharge" means any discharge that is not entirely composed of stormwater.

"Normal retirement date" means the last day of the month in which a participant retires pursuant to the normal retirement practices of the employer. (Such age may be no later than age seventy and one-half (70½) and no earlier than the earliest age at which a participant has the right to retire under the employer's basic pension plan, without consent of the employer, and to receive immediate retirement benefits without actuarial or similar reduction.)

"Normal sewage" means sewage, industrial wastes or other wastes, which when analyzed show pollutant concentrations which do not exceed the following characteristics:

1. BOD two thousand five hundred (2,500) lbs. per million gallons (three hundred (300) milligrams per liter) or less,

2. Chlorine demand two hundred eight (208) lbs. per million gallons (twenty-five (25) milligrams per liter) or less,

3. C.O.D. five thousand (5,000) lbs. per million gallons (six hundred (600) milligrams per liter) or less,

4. Suspended solids two thousand eighty-five (2,085) lbs. per million gallons (two hundred fifty (250) milligrams per liter) or less,

5. Phosphate as phosphorous, eighty-three (83) lbs. per million gallons (ten (10) milligrams per liter) or less,

6. Total Kjeldahl Nitrogen (TKN), four hundred fifty-eight (458) lbs. per million gallons (fifty-five (55) milligrams per liter) or less.

"NPDES permit" means National Pollutant Discharge Elimination System permit issued by the United States Environmental Protection Agency or its designee.

"Original structure" is a structure whose use has been permitted under the terms of this or a previous ordinance.

"Parcel" shall mean an assessor's parcel.

"Participant" means any individual who performs services for the employer either as an employee or as an independent contractor and who elects to participate in the deferred compensation plan by filing a duly executed participation agreement with the employer.

"Participation account" means the book account to which there is credited the participant's deferred compensation, together with any interest, dividends, gains, losses, or the like thereon.

"Participation agreement" means the contract by which the employee and the employer agree that some of the employee's compensation will be deferred in accordance with the provisions of the deferred compensation plan.

"Pass through" means a discharge which exits the district treatment plant into receiving waters in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the district's NPDES permit.

"Person" means any person, firm, company or corporation, partnership or association, and also any public corporation, political subdivision, city, county, district, the state of California, the United States of America, or any department or agency thereof. The singular in each case shall include the plural.

"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Values above 7.0 represent alkaline conditions, and those below 7.0 represent acid conditions.

"Plan year" means the calendar year during which the deferred compensation plan becomes effective, and each succeeding year during the existence of such plan.

"Pollutant" means any substance, solid or liquid, that is discharged to or placed within the stormwater system that is present in quantities in excess of that as specified by the district.

"Premises" means any lot, parcel of land, building or establishment, either residential, commercial or industrial, both public and private, including schools, churches, and institutions without limitation.

"Pretreatment" means the application of physical, chemical and/or biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater to the public sanitary sewer system.

"Pretreatment standards and requirements" means all applicable federal rules and regulations found in 40 CFR Subchapter N as well as any nonconflicting or more stringent state or local standards and any substantive procedural requirement related to pretreatment.

"Private cleanout" means a cleanout installed on the upper lateral by the property owner at some point on the property to provide access for cleaning of the upper lateral.

"Program" means the records management program.

"Properly shredded garbage" means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than one-quarter inch in any dimension.

"Public facility" is any facility serving the general populace of an area and operated at the expense of a public utility or government agency. In addition to the typical facilities such as city halls, office buildings, libraries and maintenance yards, the definition also includes facilities that are typically not work sites for extended periods of time, such as pump stations, water reservoirs, and parking lots.

"Public sanitary sewer system" means the facilities owned and operated by the district for the collection, treatment, and disposal of sanitary sewage.

"Public storm drain system" means those facilities within the boundaries of the district by which stormwater may be conveyed to the district's storm drain system or to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW) as defined in 40 CFR 122.2.

"Receiving waters" means a natural water course or body of water into which treated sanitary sewage is discharged.

"Record" means paper, including reproductions, electronic or tape media.

"Records management program" means the established system for orderly archival and disposition of records.

"Recreation facility" is a public or private area utilized for recreational or camping purposes, which may include spaces for parking of recreational vehicles that are temporarily occupied for a period of time that is typically less than three weeks.

"Redevelopment" means either the construction of any improvement where existing structures have been removed or will be removed from the property to allow the improvement, or a change in the use category, number, or size of a structure or for fee purposes; e.g., single-family dwelling unit to commercial unit.

"Residential care facility" means any family home, group care facility, or similar facility, which provides twenty-four (24) hour nonmedical care of persons in need of personal services to sustain the activities of daily living, and is occupied by five or more persons not related by blood. The Community Care State Licensing Board, the Vallejo Planning Department, or the County of Solano shall have determined that the facility is a residential care facility.

"Residential unit" means:

1. A single-family dwelling or mobile home constructed for occupancy of one single family;

2. Each multiple-family dwelling structure constructed for occupancy of more than one family and having its own lateral. Each lateral shall indicate a separate residential unit whether units are joined or not;

3. Each hotel or motel structure having its own lateral whether or not cooking facilities are available. Each lateral shall indicate a separate residential unit whether units are joined or not.

"Restaurant" is a facility that prepares and serves food and beverages, is open to the public, and makes charges specifically for the food provided on an item or meal basis. Nondisposable utensils are used to serve the food, and a garbage disposal and a substantial amount of food preparation utensils are used in the operation.

"Retention schedule" means the length of time a records must be retained in an active and inactive status before final disposition.

"Runoff" means the portion of precipitation on the land that ultimately reaches streams.

"Sanitary sewage" means any combination of domestic wastes and industrial wastes, including such ground waters and surface waters as may enter the sanitary sewer system.

"Sanitary sewer system" means the sewer system, including all lateral sewers, main sewers, trunk sewers, interceptors, and all appurtenances thereto, previously or hereafter acquired, constructed, maintained and/or operated by Vallejo Sanitation and Flood Control District for the collection, treatment and disposal of sanitary sewage.

"Schools" means any public, private, or commercial institution for teaching or education purposes.

"Second-family residential unit" shall mean a second dwelling unit constructed or adapted within, onto, or apart from an existing single-family dwelling unit on a single residential lot.

"Senior living center" is a residential facility for senior citizens that provides independent living quarters and may have on-site any combination of eating, laundry, recreation, and other joint use areas.

"Sewerage facilities" means the complete sewerage system including pipelines, pumps, treatment plant, outfalls, and all appurtenances or any portion thereof.

"Shall" is mandatory; "May" is permissive or discretionary.

"Significant industrial user" means: (1) all industrial dischargers regardless of flow, that are subject to federal categorical pretreatment standards; (2) all industrial dischargers which discharge a nondomestic wastewater flow greater than twenty-five thousand (25,000) gpd; (3) noncategorical industries contributing five percent or more of the district's dry weather hydraulic or organic capacity; (4) any other industrial discharger which has a reasonable potential, in the opinion of the engineer/manager, to adversely affect the collection system or wastewater treatment plant by inhibition, pass through of pollutants, sludge contamination, endangerment of district workers, or other similar harmful potential.

"Significant noncompliance" means a violation that corresponds to one or more of the following situations: (1) chronic violations (exceedances sixty-six (66) percent of the time during a six month period) of the same pollutant parameters; (2) technical review criteria (TRC) violations (thirty-three (33) percent or more of measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the applicable limit and the TRC value (1.4 times the limit for conventional pollutants or 1.2 times the limit for a toxic pollutant)); (3) a violation of pass through or interference; (4) a discharge of imminent endangerment to human health, welfare, or the environment, or which required the district to use its emergency authorities under 40 CFR 403.8(f)(1)(vi)(B); (5) violations of compliance milestones by ninety (90) days; (6) violations of report submittal deadlines by thirty (30) days; (7) failure to report noncompliance; and (8) any other violation deemed significant by the engineer/manager.

"Single-family dwelling" means the premises designed, improved or used as a residence for one family.

"Single-family dwelling unit" means any building constructed for occupancy of one single family.

"Slug load" means any discharge of water, sewage, or nondomestic waste which in concentration of any given constituent or in volume of flow exceeds for any period of duration longer than five minutes more than five times the average twenty-four (24) hour concentration of flow during normal operation.

"Stormwater" means any flow occurring during or following any form of natural precipitation and resulting therefrom. "Stormwater" also means surface runoff and drainage resulting from rainfall, snow melt or other forms of natural precipitation.

"Stormwater runoff" means water that is generated by rainfall flows overland and is routed into storm drain systems.

"Structure" means a building or an improvement.

"Suspended solids" means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.

"Temporary facility" means any facility, such as a construction or sales trailer, which is meant to be removed from a parcel upon the completion of a limited and specifically defined task. Residential uses and uses associated with expansion of a permanent use are not considered temporary facilities.

"Termination of employment" means in the case of an employee, separation from service, or in the case of an independent contractor, the expiration of the contract (or, in the case of more than one contract, all contracts) under which services are performed.

"TICH" means total identifiable chlorinated hydrocarbons.

"Toxic pollutants" means those pollutants identified pursuant to 307(a) of the Clean Water Act of 1972.

"Trailer or mobile home unit" means each permanent trailer or mobile home space in a trailer court or mobile home park with plumbing hookup.

"Trunk and collector drainage facilities" means all waterways, natural or manmade, improved or unimproved, which are intended to collect and transport storm drainage waters. Those facilities which are intended to provide localized storm drainage collection are not included in this definition. Localized storm drainage facilities include storm drain inlets along streets having gutters and/or cross culverts without a present nor proposed upstream culvert connecting to it.

"Ultimate level of development" is the level of development generally described as the developmental build-out of the land area, or any portion thereof, served by the district and as defined in the most recent update of the City of Vallejo's General Plan.

"Unforeseeable emergency" means severe financial hardship to the participant resulting from a sudden and unexpected illness or accident of the participant or of a dependent (as defined in Internal Revenue Code Section 152(a)) of the participant, loss of the participant's property due to casualty or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant. Unforeseeable emergencies do not include any hardships which have not occurred or which are or may be relieved (1) by reimbursement for compensation by insurance or otherwise, (2) by liquidation of the participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship or (3) by cessation of deferrals under the deferred compensation plan.

"Unit" shall mean the method of measurement (e.g., square foot, room, student, etc.) used when fees or other numerical determinations are involved. It may mean a use classification when describing a type of facility.

"Unpermitted nonstormwater discharges" means illicit discharges to the public storm drain and/or district storm drain system.

"Unpolluted water" means water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violations or receiving water quality standard.

"Upper lateral" means the privately-owned portion of the lateral. It extends from a point two feet outside a structure or facility to a district cleanout. The cleanout shall be either at the property line, easement line, or at some other point on the lateral as designated by the district. In the instance where no cleanout exists, the upper lateral extends to the mainline sewer.

"User classification" means appropriate groups of customers as determined by district for the purpose of administering the storm drain monthly user fee and upper lateral fee.

"Vallejo central redevelopment area" is the area designated by the City of Vallejo Planning Commission and approved by the city council, more particularly described and platted on a map on file in the district's office.

"Warehouse" means a building where goods, merchandise, or wares are stored before being distributed for sale to retailers or business customers.

"Wastewater discharge permit" means a permit for the discharge of nondomestic waste.

"Wastewater treatment system" means any device, facility, structure or equipment owned or operated by the district for the purpose of transmission, storage treatment, recycling, or reclamation of nondomestic or domestic wastes, including intercepting sewers, outfall sewers, sewer collection systems, pumps, powerplants and other equipment, and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof, any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.

"Watercourse" means any channel, ditch, drainage swale, closed pipe system, whether manmade or natural that collects and transports runoff.

(Ord. 2008-70B § 1(part); Ord. 2008-70A § 1 (part); Ord. 2006-70B § 2; Ord. 2006-70A §§ 1 (part), 2; Ord. 2005-70B § 2; Ord. 2005-70A §§ 1 (part), 2; Ord. 2004-70B § 2; Ord. 2004-70A1 §§ 1 (part), 2; editorially amended during 7-05 codification; Ord. 2004-70A §§ 1, 2 (part); Ord. 2003-70B § 2; Ord. 2003-70A §§ 1, 2; Ord. 2002-70B § 2; Ord. 2002-70A § 2; Ord. 2000-70B § 2; Ord. 2000-70A § 2; Ord. 99-71 Art. 2; Ord. 99-70B § 2; Ord. 99-70A § 2; Ord. 96-64B § 2; Ord. 96-64A-1 § 2; Ord. 94-66 § 2; Ord. 92-68 § 2-1; Ord. 88-58 § 2; Ord. 89-60 Art. 2; Ord. 4 § 2)

(Ord. No. 2010-70A, § 2, 7-27-2010; Ord. No. 2010-70B, § 2, 7-27-2010)