Chapter 13.52 RESTRICTED DISCHARGES AND PRETREATMENT

A. All measurements, tests, and analyses of the characteristics of water and waste to which reference is made in the utility code shall be determined in accordance with the techniques prescribed in 40 CFR, Part 136, and all subsequent amendments thereto, and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole is required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

B. Sampling shall be carried out by customarily accepted methods to reflect the effect the effluent may be having on the sewer works and to determine the possible impact to the public welfare. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015)

13.52.020 Sanitary sewers – Prohibited discharges.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or polluted industrial process waters to any sanitary sewer. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015)

13.52.030 Stormwater sewer use requirements.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as stormwater sewers, or to a natural outlet approved by the director. Industrial cooling water or unpolluted process waters may be discharged to a stormwater sewer or natural outlet upon written approval of the director. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015)

13.52.040 Hazardous discharges designated.

No person shall discharge or cause to be discharged any one of the following described waters or wastes to any public sewers:

A. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; nor any kerosene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides; nor any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;

B. Any water or waste containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other waste, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l of cyanide in the waste as discharged to the public sewer;

C. Any water and waste having a pH lower than 5.5 or in excess of 11.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage treatment plant;

D. Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater treatment facility such as, but not limited to, ashes, feathers, tar, asphalt, lubricating oil, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015)

13.52.050 Discharge limits – Prohibited discharges.

A. The director is authorized to establish specific discharge limits for users pursuant to 40 CFR 403.5(c). The director shall establish such limits as a component of the best management plan established pursuant to SMC 13.52.490.

B. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes into a public sewer, as measured at the point where the wastewater is discharged to the public sewer:

1. Any pollutant(s) which cause a discharge to exit a wastewater treatment facility in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes interference or pass through;

2. Pollutants which create a fire or explosion hazard in the sewer system, sewage treatment process or equipment, or wastewater treatment facility, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees centigrade);

3. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the sewer system, sewage treatment process, or equipment, or wastewater treatment facility;

4. Pollutants which result in the presence of toxic gases, vapors, or fumes within the wastewater treatment facility in a quantity that may cause acute worker health and safety problems;

5. Any trucked or hauled pollutants, except at discharge points designated by the wastewater treatment facility;

6. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade);

7. Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of 100 mg/l, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees centigrade), or which has a temperature which will inhibit biological activity in the sewage treatment plant, and in no case wastewater with a temperature at the introduction into the sewage treatment plant receiving water which exceeds 104 degrees Fahrenheit (40 degrees centigrade);

8. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the director;

9. Any water or waste containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not;

10. Any water or waste containing iron, chromium, copper, zinc, lead, nickel, silver, mercury, cadmium or other similar toxic substances which exceed EPA or DEQ standards;

11. Any water or waste containing high concentrations of phenols or other taste- or odor-producing substances (as consistent with Environmental Protection Agency standards);

12. Any radioactive waste or isotopes of such half-life or concentration as may exceed state or federal requirements;

13. Any water or waste having a pH of lower than 5.5 or in excess of 11.5;

14. Materials which exert or cause:

a. Unusual concentrations of inert suspended solids, such as fuller’s earth, lime slurries and lime residues, or of dissolved solids such as sodium chloride and sodium sulphate,

b. Excessive discoloration, such as dye waste and vegetable tanning solutions,

c. Unusual BOD or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

d. Unusual volume of flow or concentration of waste constituting slugs;

15. Water or waste containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving water.

C. A person may have an affirmative defense to subsection (B)(1) or (2) of this section if it demonstrates that:

1. The person did not know or have reason to know that the discharge, alone or in conjunction with a discharge or discharges from other sources, would cause the alleged violation; and

2. The discharge was in compliance with properly developed local limits prior to and during the alleged violation; or

3. If a local limit designed to prevent the alleged violation has not been developed for the pollutants that caused the alleged violation, the discharge:

a. Occurred prior to and during the alleged violation; and

b. Did not change substantially in nature or constituents from prior discharge activity which was regularly in compliance with the requirements of this chapter and associated rules. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015)

13.52.060 Notification of the discharge of hazardous waste.

A. Any user who commences the discharge of hazardous waste shall notify the city, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the sewage treatment plant of a substance which, if otherwise disposed of, would be a hazardous waste under SMC 13.52.040. Such notification must include the name of the hazardous waste as set forth in 40 CFR, Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the sewage treatment plant, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under the requirements of this chapter. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this chapter.

B. Dischargers are exempt from the requirements of subsection (A) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

D. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.070 Rejection or pretreatment conditions.

If any water or waste is discharged, or is proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics outlined in SMC 13.52.040 or 13.52.050, and which may have a detrimental effect upon the wastewater treatment facility, processes, equipment or receiving water, or which otherwise may create a hazard to life or constitute a public nuisance, or may otherwise violate the wastewater treatment facility NPDES permit or an individual wastewater permit, the director may:

A. Reject the wastes;

B. Require pretreatment to an acceptable condition for discharge to the public sewer and/or wastewater treatment facility;

C. Require control over the quantities and rates of discharge; and/or

D. Require payment to cover any increase of administering, or any other aspect of, the wastewater permit, the added cost of chemicals needed to address the situation, and the added cost of handling and treating the wastes not covered by existing taxes, fees or other charges under the provisions of the utility code. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.060)

13.52.080 Grease, oil, fat, and sand interceptors.

Grease, oil, fat, and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastes containing grease in excessive amounts, or any flammable wastes, and/or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.070)

13.52.090 Accidental discharge/slug discharge control plans.

The director shall evaluate whether each industrial user needs an accidental discharge/slug discharge control plan or other action to control discharges that are nonroutine and episodic in nature (including, but not limited to, an accidental spill or a noncustomary batch discharge which has a reasonable potential to in any other way violate the sewage treatment plant regulations, local limits established via best management practices, permit conditions, or this chapter). The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control such nonroutine and episodic discharges. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the director of any such nonroutine and episodic, or accidental, discharge, as required by SMC 13.52.270; and

D. Procedures to prevent adverse impact from any nonroutine and episodic, or accidental, discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of sewage treatment plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.100 Pretreatment facilities – Operation and maintenance.

Where preliminary treatment or flow-equalizing facilities are provided for any water or waste, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s own expense. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.080)

13.52.110 Control manhole for tests.

When required by the director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director. Any cost to the city for required noncity sampling or testing shall be paid by the owner affected. The manhole shall be installed by the owner at the owner’s own expense, and shall be maintained by the owner so as to be safe and accessible at all times. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.090)

13.52.120 Special agreements not restricted.

A. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern, and provided such agreements are in compliance with EPA and DEQ regulations.

B. When requested, an industrial user must submit information on a survey form prepared by the director before commencing discharge into the city wastewater system, identifying the nature and characteristics of the user’s wastewater. The director may periodically require industrial users to update the survey. Failure to complete this survey within the time set by the director is grounds for terminating service to the industrial user or collection of associated fees, or both. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.100)

13.52.130 Discharges prohibited without a permit – New or renewed construction.

A. No industrial user shall begin or recommence to discharge wastewater directly or indirectly into the city’s municipal wastewater system without first obtaining a wastewater permit prior to beginning or recommencing such discharge.

B. No permittee shall violate the terms and conditions of a wastewater permit issued pursuant to this chapter. Obtaining a wastewater permit does not relieve a permittee from the obligation to obtain other permits required by federal, state, or local law, or to comply with federal law, state law, and the rules and regulations of this chapter.

C. An application for a wastewater permit renewal must be received at least 90 days before the current wastewater permit expires. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.110)

13.52.140 Permitting existing connections.

Any industrial user not already possessing a wastewater permit that discharges industrial waste into the city wastewater system prior to the effective date of this chapter and who wishes to continue such discharges in the future shall, within 90 days after the effective date, apply to the city for a wastewater permit, and shall not cause or allow discharges to the system to continue after 180 days of the effective date except in accordance with a wastewater permit issued by the director. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.120)

13.52.150 Wastewater permit issuance.

A. Within 60 days of the date the director deems a wastewater permit application complete, the director will evaluate the data furnished by the industrial user and determine whether a wastewater permit should be issued. The director will issue a wastewater permit unless a circumstance identified in SMC 13.52.130(B) exists.

B. If any wastewater proposed to be discharged to the city wastewater system contains substances identified in, or possesses the characteristics enumerated in, SMC 13.52.040 and 13.52.050 which, in the director’s judgment, may have a deleterious effect upon the city wastewater system, processes, equipment, or waters of the state, or otherwise create a hazard to life or constitute a public nuisance, the director may:

1. Refuse to permit the discharge;

2. Require pretreatment to an acceptable condition for discharge into the city wastewater system; or

3. Require control over the quantities and rates of discharge. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.140)

13.52.160 Wastewater permit duration.

Wastewater permits shall be issued for a time period specified by the director, not to exceed five years. Each wastewater permit shall indicate the specific date upon which it will expire. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.150)

13.52.170 Wastewater permit contents.

A wastewater permit shall include such conditions deemed reasonably necessary by the director, or designee, to prevent pass through or interference and to implement the objectives of this chapter.

A. Wastewater permits shall, at a minimum, contain:

1. A statement of wastewater permit issuance date, expiration date, effective date, and overall duration;

2. A statement that the wastewater permit is nontransferable;

3. Effluent limits applicable to the industrial user, including best management practices, categorical pretreatment standards, local limits, and state and local law;

4. Monitoring, sampling, reporting, notification, and record keeping requirements, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

5. Statement of applicable penalties for violation of pretreatment standards, pretreatment requirements, and compliance schedules; and

6. Requirements to control spills or slug discharges as determined necessary by the POTW, including conditions for emergency suspension of the wastewater permit, or conditions thereof.

B. Wastewater permits may contain:

1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

2. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

3. Limits on the instantaneous daily and monthly average, and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;

4. Requirements for the installation of pretreatment technology or construction of appropriate containment devices or other similar technologies or devices designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

5. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

6. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city wastewater system;

7. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

8. Specifications for monitoring programs, which may include designation of sampling locations and frequency of sampling; the number, types, and standards for tests; and reporting schedules;

9. Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days of such noncompliance where monitoring indicates a violation;

10. Compliance schedules for meeting pretreatment standards and pretreatment requirements;

11. Requirements for submission of periodic monitoring or special notification reports;

12. Requirements for maintaining and retaining plant records relating to wastewater discharge, and affording the director or his designee access thereto;

13. Requirements for prior notification and approval by the director, or designee, of any introduction of new wastewater pollutants or any change in the volume or character of wastewater prior to introduction into the city wastewater system;

14. Requirements for prior notification to and approval by the director of any change in the manufacturing and/or pretreatment process;

15. Requirements for immediate notification of excessive, accidental, or slug discharges, or other discharge which may cause any problems to the city wastewater system;

16. A statement that compliance with the wastewater permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards and pretreatment requirements, including those which become effective during the term of the wastewater permit; and

17. Other conditions deemed appropriate by the director to ensure compliance with this chapter; state and federal laws, rules, and regulations; and the terms of the wastewater permit.

C. In addition to the foregoing, the director may require wastewater permits for industrial users to contain any or all of the following:

1. Identifying Information.

a. The name and address of the facility, including the name of the operator and owner.

b. Contact information, description of activities, facilities, and plant production processes on the premises;

2. Environmental Permits. A list of any environmental control permits held by or for the facility;

3. Description of Operations.

a. A brief description of the nature, average rate of production (including each product produced by type, amount processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the sewage treatment plant from the regulated processes;

b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the sewage treatment plant;

c. Number and type of employees, hours of operation, and proposed or actual hours of operation;

d. Type and amount of raw materials processed (average and maximum per day);

e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

4. Time and duration of discharges;

5. The location for monitoring all wastes covered by the permit;

6. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the sewage treatment plant from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e);

7. Measurement of Pollutants.

a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process.

c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this chapter. Where the standard requires compliance with best management practices, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.

e. Sampling must be performed in accordance with procedures set out in this chapter;

8. Any other information as may be deemed necessary by the director to evaluate the permit application.

D. All industrial users must comply with categorical pretreatment standards as a condition of a wastewater permit.

E. The city reserves the right to establish, by ordinance or in individual wastewater permits, more stringent standards or requirements on discharges to the sewage treatment plant consistent with the purpose of this chapter. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.160)

13.52.180 Wastewater permit appeals.

A. Any person, including the permittee, may appeal the conditions imposed in a wastewater permit, or the issuance or denial of a wastewater permit, within 10 days of the issuance of the final wastewater permit by filing a notice of appeal, as provided for in SMC 13.52.480.

B. Failure to submit a timely notice of appeal shall be a waiver of all rights to administrative review.

C. In addition to the requirements in SMC 13.52.480, the appellant shall indicate the specific objection, the reasons for the objection, and alternative conditions, if any, the appellant seeks to have placed in the wastewater permit.

D. The effectiveness of the wastewater permit shall not be stayed pending resolution of appeal. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.170)

13.52.190 Wastewater permit modifications.

A. Upon its own volition or following a request by permittee for the same, the director may modify a wastewater permit for good cause including, but not limited to, the following:

1. To incorporate any newly revised federal, state, or local pretreatment standards or pretreatment requirements;

2. To address significant alterations or additions to the industrial user’s operation, processes, or wastewater volume or character since the time of wastewater permit issuance;

3. A change in the city wastewater system that requires either a temporary or permanent reduction or elimination of the permitted discharge;

4. Information indicating that the permitted discharge poses a threat to the city wastewater system, city personnel, or waters of the state;

5. Violation of any terms or conditions of the wastewater permit;

6. Misrepresentation or failure to disclose fully all relevant facts in the wastewater permit application or in any required reporting;

7. A revision or grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or

8. To correct typographical or other errors in the wastewater permit.

B. The filing of a request by the permittee for a wastewater permit modification does not stay any wastewater permit condition. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.180)

13.52.200 Wastewater permit transfer.

Wastewater permits may not be reassigned or transferred from the permittee to a new industrial user or other user. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.190)

13.52.210 Wastewater permit reissuance.

An industrial user shall apply for wastewater permit reissuance by submitting a complete wastewater permit application no later than 90 days before the expiration of the user’s wastewater permit. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.200)

13.52.220 Dilution.

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.230 Baseline monitoring reports.

A. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users currently discharging to or scheduled to discharge to the sewage treatment plant shall submit to the director a report which contains the information listed in subsection (B) of this section. At least 90 days prior to commencement of their discharge, new users, and users that become industrial users subsequent to the promulgation of an applicable categorical pretreatment standard, shall submit to the director a report which contains the information listed in subsection (B) of this section. A new user shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards. A new user also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below.

1. All information required in SMC 13.52.170(C)(1)(a), (C)(2), (C)(3)(a), and (C)(6).

2. Measurement of Pollutants.

a. The user shall provide the information required in SMC 13.52.170(C)(7)(a) through (d).

b. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.

c. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting data shall be submitted to the city.

d. Sampling and analysis shall be performed in accordance with this chapter.

e. The director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.

f. The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the sewage treatment plant.

3. Compliance Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

4. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in SMC 13.52.240.

5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with this chapter and signed by an authorized representative. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.240 Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by SMC 13.52.230(B)(4):

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine months;

C. The user shall submit a progress report to the director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine months elapse between such progress reports to the director. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.250 Reports on compliance with categorical pretreatment standard deadline.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards or, in the case of a new user or new source location, following commencement of the introduction of wastewater into the sewage treatment plant, any user subject to such pretreatment standards and requirements shall submit to the director a report containing (A) the location for monitoring all wastes covered by the permit, (B) information showing the measured average daily and maximum daily flow, in gallons per day, to the sewage treatment plant from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e), and (C) the information required by SMC 13.52.230(B)(2). For users subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with this chapter. All sampling will be done in conformance with this chapter. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.260 Periodic compliance reports.

A. All industrial users must, at a frequency determined by the director, submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.

B. All periodic compliance reports must be signed and certified in accordance with this chapter.

C. All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

D. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures prescribed in this chapter, the results of this monitoring shall be included in the report. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.270 Reports of potential problems.

A. If a slug or other discharge occurs which may cause problems for the city wastewater system, the user shall immediately notify the city by telephone of the incident. Notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. Unless waived by the director, within five days following a discharge described in subsection (A) of this section, the user shall submit a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any fines, civil penalties, expense, loss, damage, or other liability that may be incurred or imposed as a result of damage to the city wastewater system, wastewater treatment facility, natural resources, or persons or property.

C. Failure to notify the city of potential problem discharges shall be deemed a separate violation of this chapter.

D. Industrial users shall prominently post a notice on a bulletin board or other similar place readily accessible to the user’s employees advising the employees of whom to call in the event of a potential problem discharge, and shall train all employees in the emergency notification procedure.

E. Where the city has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling may not be required if:

1. The city performs sampling at the industrial user at a frequency of at least once per month, or the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the control authority receives the results of this sampling.

2. Cost to the city for repeat analysis may be recouped per SMC 13.52.070. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.210)

13.52.280 Reports of significant production change.

An industrial user operating under a wastewater permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the city of such anticipated change will be required to meet the mass or concentration limits in its wastewater permit that were based on the original estimate of the long-term average production rate. For purposes of this section, the term “significantly” will be defined in the wastewater permit. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.220)

13.52.290 Recordkeeping.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under SMC 13.52.490. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.300 Notice of violation/repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.310 Sample collection.

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

A. Except as indicated in subsections (B) and (C) of this section, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

C. For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the director may authorize a lower minimum. For periodic compliance reports, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.320 Inspection and sampling.

A. An industrial user shall allow the city to enter the facilities of the user without unreasonable delay (and in no event longer than 24 hours following city’s notice to such industrial user of its intent to enter the facilities) to ascertain whether the user is complying with pretreatment standards and pretreatment requirements. Industrial users shall allow the director, or designee, ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

B. If an industrial user has security measures that require identification and clearance before entry, the industrial user shall make necessary arrangements with its security guards so that upon presentation of proper identification personnel from the city, state, and the EPA will be permitted entry without unreasonable delay to perform their specific responsibilities. An unreasonable delay shall be considered longer than 24 hours.

C. The city, state, and the EPA shall have the right to set up or require installation of such devices as are necessary to conduct sampling and/or metering of the industrial user’s operations.

D. The city may require the industrial user to install all necessary monitoring equipment. The facility’s sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the industrial user at the industrial user’s expense. A qualified technician must calibrate all devices used to measure wastewater flow and quality at least twice yearly to ensure accuracy.

E. Any obstruction to safe and easy access to the industrial facility shall be promptly removed by the industrial user at the request of the director and shall not be replaced. The costs of removal shall be borne by the industrial user.

F. Unreasonable delays in allowing city personnel access to the industrial user’s premises shall be a violation of this chapter. An unreasonable delay shall be considered longer than 24 hours. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.230)

13.52.330 Search warrants.

If the director is refused access to a building, structure, or property, or any part thereof, and has probable cause to believe there may be a violation to this chapter or needs to conduct an inspection as part of a routine program designed to protect the overall public health, safety, and welfare of the community, the director may apply for a search warrant from a court of competent jurisdiction. The application shall identify the specific location to be searched, and shall specify what locations may be searched and what property may be seized. After issuance, the director will serve the warrant at reasonable hours. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.240)

13.52.340 Confidential information.

A. Information and data on an industrial user obtained from reports, questionnaires, wastewater permit applications, wastewater permits, monitoring programs, and city inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city attorney that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets and exempt from disclosure under applicable law.

B. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 are not confidential and will be made available to the public without restriction, unless the subject of pending or threatened legal claims, litigation, or other legal proceedings.

C. Any information determined to be exempt from disclosure under subsection (A) or (B) of this section shall remain confidential, and portions of a report which might disclose trade secrets or secret processes shall not be available for public inspection; provided, that such information shall be made available to governmental agencies for uses related to this chapter or the NPDES permit. Notwithstanding subsection (A) or (B) of this section, no information is confidential if the information is relevant to, and necessary for, enforcement proceedings involving the person furnishing the report.

D. For the purposes of this section, a specific request is made when the words “confidential business information” are stamped on each page containing such information. If no such specific request is made at the time of furnishing the report, the city may make the information available to the public without further notice.

E. All costs, expenses and attorney fees associated with defending a request for confidential information shall be the responsibility of the industrial user requesting confidentiality. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.250)

13.52.350 Publication of industrial users in significant noncompliance.

The city shall comply with the public participation requirements of 40 CFR Part 25 in the enforcement of all standards in this chapter. These procedures shall include provision for at least annual public notification in a newspaper(s) of general circulation that provides meaningful public notice within the city limits of industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable provisions of this chapter. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits (as further defined by 40 CFR 403.3(l));

B. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits (as further defined by 40 CFR 403.3(l)), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of sewage treatment plant or wastewater system personnel or the general public);

D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the director’s exercise of its emergency authority under SMC 13.52.400 to halt or prevent such a discharge;

E. Failure to meet, within 90 days after the schedule date. a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

F. Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance;

H. Any other violation or group of violations, which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program or any aspect of the wastewater treatment system. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.360 Notification of violation.

Whenever any user has violated or is violating this chapter, a wastewater permit or order issued hereunder, or any pretreatment standard or pretreatment requirement, the director may issue a written notice of violation directing the user to come into compliance within a specified time. Within 10 days of the receipt of this notice, the user shall submit an explanation of the violation and a detailed plan for the satisfactory correction of the violation and the prevention of future violation. Submission of this plan does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the city authority to take emergency action without first issuing a notice of violation. lf the user fails to submit such a required explanation, sewer service may be discontinued to such user unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.270)

13.52.370 Consent orders.

The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with an industrial user to resolve issues of noncompliance. Such orders shall include the specific action to be taken by the industrial user to correct noncompliance within a time period specified in the order. Consent orders shall be judicially enforceable, and any costs, including attorney’s fees, incurred by the city in seeking such enforcement shall be assessed against the industrial user as part of any judgment entered therein. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.280)

13.52.380 Compliance orders.

When the director finds an industrial user has violated or continues to violate any provision of this chapter, or a wastewater permit or order issued hereunder, or any pretreatment standard or pretreatment requirement, the director may issue an order discontinuing the industrial user’s sewer service unless compliance is obtained within a time certain stated in the order. Compliance orders may contain other requirements necessary and appropriate to correct noncompliance, including additional monitoring and changes to management practices designed to minimize the amount of pollutants discharged to the city wastewater system. The director may require additional monitoring for at least 90 days after consistent compliance has been achieved, after which monitoring conditions set forth in industrial user’s discharge wastewater permit shall be followed. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.290)

13.52.390 Cease and desist orders.

A. When an industrial user has violated or continues to violate any provision of this chapter, wastewater permits or orders issued hereunder, or any pretreatment standard or pretreatment requirement, the director may issue a notice and proposed order to the industrial user to cease and desist all such violations and commanding the user to:

1. Immediately comply with all requirements.

2. Take such appropriate remedial or preventive action as may be needed to properly address the continuing or threatened violation, including halting operations and/or terminating the discharge.

B. The director may order any industrial user that causes or contributes to a violation of this chapter, wastewater permits or orders issued hereunder, or any pretreatment standard or pretreatment requirement to appear and show cause why a cease and desist order should not be issued.

C. The city will serve notice on the industrial user specifying the time and place for hearing, the nature of the proposed enforcement action, the reasons for such action, and a direction that the user appear and show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served upon the industrial user or the user’s authorized representative, personally or by registered or certified mail, return receipt requested, at least 10 days prior to the hearing. A cease and desist order may be issued immediately following the hearing. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.300)

13.52.400 Emergency suspensions.

A. The director may immediately suspend any user’s discharge that threatens to interfere with the operation of the city wastewater system, endangers the environment, or may cause violation of the NPDES permit.

B. Any user notified of a suspension of its discharge shall immediately terminate all discharges into the city wastewater system. In the event a user fails to immediately and voluntarily comply with the suspension order, the director may take such steps deemed necessary, including immediate severance of the user’s connection to the city wastewater system. The director may allow the user to recommence discharge when the user demonstrates to the satisfaction of the director that endangerment has passed, unless termination proceedings under SMC 13.52.410 have been initiated.

C. No hearing shall be required prior to any emergency suspension. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.310)

13.52.410 Permit revocation.

A. A wastewater permit may be revoked if the user:

1. Fails to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

2. Fails to accurately report wastewater constituents and characteristics of its discharge;

3. Falsifies monitoring reports;

4. Refuses reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling;

5. Tampers with monitoring equipment;

6. Refuses to allow the city timely access to the facility premises and records;

7. Fails to meet, or otherwise exceeds, effluent or other discharge limitations;

8. Fails to pay fines;

9. Fails to pay sewer charges;

10. Fails to meet compliance schedules;

11. Fails to complete a wastewater survey; or

12. Violates any pretreatment standard or pretreatment requirement, the user’s wastewater permit, any order issued pursuant to this chapter, or any provision of this chapter.

B. Industrial users shall be notified of proposed termination and be offered an opportunity to appear and show cause why the wastewater permit should not be revoked. Termination of a wastewater permit shall not be a bar to, or a prerequisite for, taking any other enforcement action against the user.

C. Notice shall be served on the industrial user specifying the time and place for the show cause hearing, the reasons for wastewater permit revocation, and a direction that the user appear and show cause why the wastewater permit should not be revoked. The notice of the hearing shall be served upon the industrial user or the user’s authorized representative, personally or by registered or certified mail, return receipt requested, at least 10 days prior to the hearing. An order revoking the wastewater permit may be issued immediately after the hearing. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.320)

13.52.420 Injunctive relief.

In addition to other relief, the city attorney may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction to restrain a violation, or compel specific performance, of the terms and conditions of the wastewater permit, order, pretreatment standard or pretreatment requirement, or other provision of this chapter. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.330)

13.52.430 Civil penalties – Industrial users only.

A. The director may impose upon any industrial user that has violated or continues to violate this chapter, any order or wastewater permit hereunder, or any pretreatment standard or pretreatment requirement a minimum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of this violation.

B. Where appropriate, the director may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user’s expense in undertaking the project is at least 150 percent of the civil penalty.

C. For purposes of this section, the term “civil penalty” means the same as the term “administrative fine” as set forth in any enforcement response plan adopted by the city council pursuant to this chapter’s authority. Any civil penalty assessed pursuant to this section will be based on the severity of the violation using the factors outlined in the enforcement response plan. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.340)

13.52.440 Civil penalties – Nonindustrial users.

A. A violation of SMC 13.52.020, 13.52.040(A), (B), or (C), or 13.52.210 is punishable by a civil penalty not exceeding $10,000.

B. A violation of any other provision of this chapter is punishable by a civil penalty of not less than $1,000. The second and subsequent violation of the same provision of this chapter within any one-year period is punishable by a civil penalty of not less than $1,000.

C. Any civil penalty assessed pursuant to this section will be based on the severity of the violation using the factors outlined in a city council-adopted enforcement response plan, even if the offender is not a party to that plan. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.350)

13.52.450 Criminal penalties.

The director may refer civil and criminal violations to federal, state, or local agencies as appropriate. (Ord. 24-04 § 1 (Exh. A), 2024)

13.52.460 Remedies nonexclusive.

The director shall prepare an enforcement response plan to be adopted by a resolution of the city council for use with industrial users related to any violation of this chapter. The remedies provided for in this chapter are not exclusive, and the director may take any, all, or any combination of these actions against a noncompliant user, and may bring more than one enforcement action against any noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan; however, the director may take other action against any user when the circumstances warrant. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.360)

13.52.470 Water supply severance.

Whenever an industrial user has violated or continues to violate the provisions of this chapter or orders, or wastewater permits issued hereunder, water service to the industrial user may be severed and service will only be resumed, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.370)

13.52.480 Administrative review.

A. Any person aggrieved by any decision or action of the director may appeal such decision or action as provided in this section.

B. The appeal must be filed with the city manager within 10 days after the date of the decision or action being appealed, must be in writing and must state:

1. The name and address of the appellant;

2. Nature of the decision or action being appealed;

3. The reason the decision or action is incorrect; and

4. What the correct decision or action should be.

C. An appellant who fails to file such a statement within the time permitted waives all objections, and the appeal shall not be considered.

D. Unless the appellant and city agree to a longer period, an appeal shall be heard by the city council within 45 days of the receipt of the notice of appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location of the hearing to the appellant.

E. The city council will hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the council deems appropriate. At the hearing, the appellant may present testimony and oral arguments personally or by counsel.

F. If the appeal is from the modification of a wastewater permit or the imposition of a civil penalty, the burden is on the director to prove that the modification or civil penalty was proper. If the appeal is from the denial of a wastewater permit, the burden is on the appellant to prove that the denial was improper. In all other cases the burden of proof is on the proponent of a fact or position.

G. The city council will issue a written decision within 30 days of the hearing date. The decision of the city council is final.

H. An appeal fee established by council resolution must accompany the statement of appeal. (Ord. 24-04 § 1 (Exh. A), 2024; Ord. 15-05 § 2, 2015. Formerly 13.52.380)

13.52.490 Best management practices.

The director shall draft and adopt a policy document containing best management practices for maintenance procedures, treatment requirements, operating procedures, and other management practices to implement the general and specific prohibitions listed in 40 CFR 403.5(a)(1) and (b), the requirements of this chapter, and to control site runoff, spillage or leaks, sludge or waste removal, or drainage from raw materials storage. The public works shall review the best management practices periodically to ensure that they continue to reflect applicable law and the city’s existing management practices. (Ord. 24-04 § 1 (Exh. A), 2024)