Chapter 6.10 DISCHARGE REQUIREMENTS AND PRETREATMENT

Except as otherwise provided herein, the Maintenance and Operations Director (“M&O Director”) of the District shall administer, implement, and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon, the M&O Director may be delegated by the M&O Director to other District personnel. [Amended during 2016 codification; Res. SR 977 § 1.1, 2012].

6.10.020 Definitions.

Initially capitalized terms not defined below or otherwise defined in this chapter shall have the meaning given them in 40 CFR Section 122.2.

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

“AKART” is an acronym for “all known, available, and reasonable technology methods (prevention, control, and treatment) to prevent and control pollution of the waters of the state of Washington.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge.

“Applicable pretreatment standards” means, for any specified pollutant, the District’s specific pretreatment standard (local limits), state of Washington’s pretreatment standards, or EPA’s Categorical Pretreatment Standards (when effective), whichever standard is appropriate and most stringent.

“Approval authority” means the Washington State Department of Ecology.

“Authorized representative of the user” means:

(1) If the user is a corporation:

(A) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(B) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2) If the user is a partnership, a limited liability company or sole proprietorship: a general partner, manager or proprietor, respectively;

(3) If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her authorized designee.

(4) The individuals described in subsections (1) through (3) of this definition may, if so authorized by the entity’s governing documents, designate another authorized representative if the designation is in writing. The designation must specify the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company. The written designation must be submitted to the District.

“Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of “waters of the United States” (as defined in 40 CFR Section 122.2). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

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

“Board of Commissioners” or “the Board” means those persons elected to oversee the affairs of the District.

“Bypass” means the intentional diversion of waste streams from any portion of a user’s treatment or pretreatment facility.

“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 USC Section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471.

“Categorical user” means a user covered by one or more of EPA’s categorical pretreatment standards.

“Color” means the optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero optical density.

“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

“Cooling water” or “noncontact cooling water” means water used for cooling that does not come into direct contact with any material, raw sewage, intermediate product, waste product, or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat.

“Dangerous waste” means any solid, liquid, or mixed waste defined according to WAC 173-303-080 through 173-303-110.

“Department” or “Ecology” means the Washington State Department of Ecology or authorized representatives thereof.

“Discharge” or “indirect discharge” means the introduction of pollutants into the wastewater collection system from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the wastewater collection system is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

“Discharge authorization” means a document authorizing a user to discharge wastewater to the District’s wastewater collection system.

“Domestic sewage” means the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastes, and of such character to permit satisfactory disposal, without special treatment, into the wastewater collection system.

“Domestic user” or “residential user” means any person who contributes, causes, or allows the contribution of wastewater into the District’s wastewater collection system that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day at 250 mg/L of BOD and TSS.

“Environmental Protection Agency” or “EPA” means the United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

“Existing source” means any categorical user that discharges wastewater to the wastewater collection system, which discharge commenced prior to the publication of proposed categorical pretreatment standards that will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

“Existing user” means any noncategorical user that is discharging wastewater prior to the effective date of the resolution codified in this chapter.

“Fats, oils and grease” or “FOG” means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater. The term “fats, oils and grease” shall include polar and nonpolar fats, oils, and grease and other components extracted from wastewater by these methods.

“Grab sample” means a sample that is taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

“Grease interceptor” means an interceptor of at least 750-gallon capacity that serves one or more fixtures and that is remotely located from the source.

“Grease trap” means a device designed to retain grease from one to a maximum of four fixtures, with a maximum capacity of 50 gpm/100 pounds, and a minimum of 20 gpm/40 pounds.

“High strength waste” means any water or wastewater having a concentration of BOD or total suspended solids in excess of 300 mg/L, or having a concentration of fats, oils and grease in excess of 100 mg/L.

“Industrial user” means a source of indirect discharge into the District’s wastewater collection system, regardless of which governmental entity has jurisdiction over the source. The source shall not include “domestic user” as defined herein.

“Industrial waste” means any and all liquid or waterborne wastes from industrial or commercial processes, except domestic sewage.

“Interceptor” means a device designed and installed so as to separate and retain deleterious or undesirable matter from normal wastes and to permit normal liquid wastes to discharge by gravity.

“Interference” means a discharge that alone, or in conjunction with a discharge or discharges from other sources, either: (1) inhibits or disrupts the wastewater collection system, its treatment processes or operations; (2) inhibits or disrupts its biosolids (sludge) processes, use or disposal; or (3) is a cause of a violation of any permit or that prevents the use or disposal of sewage sludge in compliance with any of the following statutory/regulatory provisions or permits issued thereunder: Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

“Local limits” means the maximum allowed levels to be discharged by industrial or commercial facilities as determined by the publicly owned treatment works’ NPDES permit pursuant to 40 CFR Section 403.5(c)(1).

“Maximum allowable discharge limit” means the maximum concentration (or loading) of a pollutant allowed to be discharged at any time.

“Medical wastes” means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

“Minor user” means a user of the wastewater collection system identified by the District as having the potential to discharge a waste stream into the wastewater collection system, either singly or in combination with other users, that may have an undesirable impact on the wastewater collection system, but less impact than a significant user.

“New source” means:

(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act that will be applicable to such source; provided that:

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

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

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

(2) Construction on a site at which an existing source is located is not a “new source” if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(B) or (C) of this definition, regardless of whether such construction otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source has commenced if the owner or operator has:

(A) Begun or caused to begin as part of a continuous on-site construction program:

(i) Any placement, assembly, or installation of facilities or equipment; or

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

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

“New user” means any noncategorical user that plans to discharge a new source of wastewater to the collection system after the effective date of the resolution codified in this chapter. This discharge may be from either a new or an existing facility. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an existing user if no significant changes are made in the operation.

“Noncategorical user” means anything other than a categorical user as defined in 40 CFR Chapter I, Subchapter N.

“Pass through” means a condition occurring when discharges from users (singly or in combination) exit the POTW in quantities or concentrations that either: (1) cause a violation of any requirement of a District, NPDES, or state waste discharge permit; (2) cause an increase in the magnitude or duration of a violation; or (3) cause a violation of any water quality standard for waters of the state.

“Person” means any individual, partnership, limited liability company, corporation, association, joint stock company, trust, estate, any federal, state, or local governmental agency or entity, or any other entity whatsoever or their legal representatives, agents, or assigns.

“pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units.

“Pollutant” means any substance discharged into the wastewater collection system or its collection system that if discharged directly would alter the chemical, biological, physical, or radiological integrity of the waters of the state as defined in RCW 90.48.020.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the wastewater collection system. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

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

“Pretreatment standards” or “standards” means prohibited discharge standards, categorical pretreatment standards, and local limits established by the POTW.

“Process wastewater” means wastewater that is neither sanitary, noncontact cooling nor boiler blowdown wastewater.

“Prohibited discharge standards” or “prohibited discharges” means the absolute prohibitions against the discharge of certain substances listed in AWWDC 6.10.050(2)(A) and (B).

“Publicly owned treatment works” or “POTW” means a “treatment works” as defined by Section 212 of the Act (33 USC Section 1292(2)(A)) that is owned by a state or municipality. This definition includes all devices, facilities, or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances that convey wastewater to a treatment plant. The term also includes the District’s wastewater treatment plant.

“Septage” means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system. This includes liquids and solids from domestic holding tanks, chemical toilets, vessels, campers, and trailers, when these systems are cleaned and maintained.

“Septic tank waste” means any domestic and/or residential sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

“Sewage” means human excrement and gray water (household showers, household dishwashing/laundry operations, etc.).

“Sewer” means any pipe, conduit, ditch, or other device used to collect and transport sewage from the generating source.

“Significant noncompliance” means a violation or pattern of violation of applicable pretreatment standards by a user that meets one or more of the following:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;

(2) Technical review criteria (TRC) violations in which 33 percent or more of all wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH);

(3) Any other discharge violation that the District believes has caused, alone or in combination with other discharges, interference with or the pass through of any hazardous material to the wastewater collection system (including endangering the health of District personnel or the general public);

(4) Any discharge of pollutants that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the District’s exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; or

(8) Any other violation(s) that the District determines will adversely affect the operation or implementation of the District’s pretreatment program.

“Significant user,” “significant industrial user” or “SIU” means:

(1) A user subject to categorical pretreatment standards; or

(2) A user that:

(A) Discharges an average of 25,000 GPD or more of process wastewater to the wastewater collection system; or

(B) Contributes a process waste stream that makes up five percent or more of the average dry weather hydraulic or organic capacity of the wastewater collection system treatment plant; or

(C) Is designated as such by the District on the basis that it has a reasonable potential for adversely affecting the wastewater collection system’s operation or for violating any pretreatment standard or requirement.

(3) Upon finding that a user meets the criteria in subsection (2) of this definition and has no reasonable potential for adversely affecting the wastewater collection system’s operation or for violating any applicable requirement, the District may, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that said user should not be considered a significant industrial user.

“Slug load” means any discharge at a flow rate or concentration that could cause a violation of this chapter or any discharge of a nonroutine, episodic nature including an accidental spill or a noncustomary batch discharge.

“Standard Industrial Classification code” or “SIC code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

“State” means the state of Washington.

“State standards” means the Washington pretreatment standards contained in Chapter 90.48 RCW and Chapter 173-208 WAC.

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

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

“Toxic pollutant” means one or a combination of the pollutants listed as toxic in regulations promulgated by EPA under Section 307 (33 USC Section 1317) of the Act, or other pollutants as may be promulgated by EPA.

“Treatment plant effluent” means the discharge from the POTW into waters of the United States.

“User” means any person that utilizes any part of the wastewater collection system.

“Wastewater” means liquid and waterborne industrial wastes or sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, that are contributed to the wastewater collection system.

“Wastewater treatment plant” or “treatment plant” means that portion of the wastewater collection system that is designed to provide treatment of municipal sewage and industrial waste.

“Waters of the state” means rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington.

“Waters of the United States” means:

(1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;

(2) All interstate waters, including interstate “wetlands”;

(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

(A) Which are or could be used by interstate or foreign travelers for recreational or other purposes;

(B) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

(4) All impoundments of waters otherwise defined as waters of the United States under this definition;

(5) Tributaries of waters identified in subsections (1) through (4) of this definition;

(6) The territorial sea; and

(7) “Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (6) of this definition.

Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of this definition, the final authority regarding Clean Water Act jurisdiction remains with EPA.

“Zero discharge permit” means a permit for a categorical user that operates its processes so that no industrial waste is discharged to the wastewater collection system.

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. The use of “shall” means something is mandatory; “may” means it is permissive. [Amended during 2016 codification; Res. SR 977 § 1.2, 2012].

6.10.030 Abbreviations.

“AKART” means all known available and reasonable technology.

“ASPP” means accidental spill prevention plan.

“BMPs” means best management practices.

“BOD” means biochemical oxygen demand.

“CFR” means Code of Federal Regulations.

“EPA” means U.S. Environmental Protection Agency.

“FOG” means fats, oils, and grease.

“GPD” means gallons per day.

“LEL” means lower explosive limit.

“mg/L” means milligrams per liter.

“NPDES” means National Pollutant Discharge Elimination System.

“O&M” means operation and maintenance.

“POTW” means publicly owned treatment works.

“RCRA” means Resource Conservation and Recovery Act.

“RCW” means Revised Code of Washington.

“SIC” means Standard Industrial Classifications.

“SWDA” means Solid Waste Disposal Act (42 USC Section 6901 et seq.).

“TSS” means total suspended solids.

“USC” means United States Code.

“WAC” means Washington Administrative Code.

“WCS” means wastewater collection system. [Res. SR 977 § 1.3, 2012].

6.10.040 Compliance required.

No one shall connect to, or discharge into, the wastewater collection system except as authorized by this chapter and in compliance with its requirements. [Res. SR 977 § 2, 2012].

Article II. General Discharge Requirements

6.10.050 Prohibited discharge standards.

(1) General Prohibitions. No user shall introduce or cause to be introduced into the wastewater collection system any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the wastewater collection system whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.

(2) Specific Prohibitions. No user shall introduce, or cause to be introduced, directly or indirectly, any of the following described substances into the wastewater collection system:

(A) Any liquids, solids, or gases that by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the operation of the wastewater collection system. At no time shall any discharge have a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees centigrade) using the test methods specified in 40 CFR 261.21 at any point of discharge (or any point in the system). At no time shall any discharge cause materials to be present in excess of five percent of their LEL for two successive measurements, nor in excess of 10 percent of their LEL for any single measurement, at any point of discharge (or any point in the system). Such materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromines, carbides, hydrides, sulfides, biphenyls, stoddard solvents, and any other substances in quantities that the District, county, state, or EPA has determined are a fire hazard or hazard to the system.

(B) Solid or viscous substances that may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater collection system such as, but not limited to: garbage with particles greater than one-quarter inch in any dimension, waste from industrial processes including sludges, screenings, and pretreatment residues, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, earth, gravel, coal, rubbish, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubrication oil, mud, or glass grinding or polishing wastes.

(C) Any wastewater having a pH of less than five su or greater than 12 su nor wastewater that would cause the pH at the headworks of the POTW to exceed 12 su or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system. Discharges conveyed to other POTWs for treatment may be authorized to discharge at the limit of the treating POTW provided the pH of the wastewater is not less than five su nor greater than 12.0 su.

(D) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or exceed the limitations set forth in the National Categorical Pretreatment Standards, general discharge prohibitions, specific District or county limitations, or state standards.

(E) Any noxious or malodorous liquids, gases, or solids that either singly, or by interaction, are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance or repairs.

(F) Any substance that may result in the presence of toxic gases, vapors, or fumes within any portion of the wastewater collection system in a quantity that may cause acute worker health and safety problems.

(G) Any medical wastes as defined by this chapter, except as specifically authorized by the District.

(H) Any trucked or hauled wastes including septage.

(I) Any substance that may cause the POTW’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or to interfere with the reclamation process. Under no circumstances will a substance discharged to the wastewater collection system cause the sludge to be rendered unusable for agricultural uses.

(J) Any substance with color not removed in the treatment process such as, but not limited to, paint, stains, dye wastes, and vegetable tanning solutions.

(K) Any wastewater having a temperature that will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case any wastewater with a temperature at the introduction into the District’s sewage collection system that exceeds 65 degrees centigrade (149 degrees Fahrenheit) nor any wastewater that would cause the temperature at the headworks of the wastewater collection system to exceed 40 degrees centigrade (104 degrees Fahrenheit).

(L) Any amount of unpolluted water that does not require treatment, including but not limited to noncontact cooling water, stormwater and other indirect inflow sources, and wastewaters significantly affecting system hydraulic loading, unless authorized by the District.

(M) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the District in compliance with applicable state or federal regulations (refer to WAC 246-221-190, 246-221-290 Appendix A, Table I, Column 2, 246-221-300 Appendix B).

(N) Any substance, alone or in conjunction with other discharges, that will cause the wastewater collection system to violate its NPDES and/or other disposal system permits.

(3) Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the wastewater collection system. [Res. SR 977 § 3.1, 2012].

6.10.060 National categorical pretreatment standards.

All users shall meet the categorical pretreatment standards as promulgated by the EPA pursuant to the Act. Adjustments to categorical pretreatment standards may be made in accordance with 40 CFR Part 403.15. Alternative categorical pretreatment standards may be derived in accordance with 40 CFR Part 403.6(e). [Res. SR 977 § 3.2, 2012].

6.10.070 State requirements.

(1) State requirements and limitations on discharges to the wastewater collection system shall be met by all users that are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable District’s or other entity’s resolution recognized by EPA. State regulations require the use of all known, available, and reasonable technology methods of prevention, control, and treatment.

(2) Any user determined by the District to qualify as a significant industrial user shall file an application for a state waste discharge permit with the Department in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application and payment of permit fees shall be kept at the user’s facilities and produced upon request by the District. Failure to submit the application or rejection of the application by the Department may be considered sufficient grounds to terminate or refuse to provide sewer service. [Res. SR 977 § 3.3, 2012].

6.10.080 Interlocal jurisdiction.

All customers of the District that discharge into the District’s collection system that utilizes the transmission and/or treatment system of the city of Everett or King County shall meet all discharge requirements of the city of Everett or King County, respectively, or the District, whichever is most stringent. [Res. SR 977 § 3.4, 2012].

6.10.090 Local limitations on wastewater strength.

(1) No user shall discharge wastewater containing materials in concentrations that exceed the following daily maximum allowable discharge limits:

Material	Discharge Limit (mg/I)
Arsenic	0.5
Cadmium	0.24
Chromium	5.0
Copper	3.0
Cyanide	0.65
Lead	1.89
Mercury	0.1
Nickel	2.83
Silver	0.49
Zinc	4.00

(2) High Strength Wastes. Users of any waters or wastes containing higher than ordinary concentrations of compatible pollutants, including, but not limited to, oxygen demanding pollutants and suspended solids (ordinary concentrations are defined as 300 mg/l for five-day biochemical oxygen demand and suspended solids, 100 mg/l of FOG) may be required to discharge at a specific release rate or at a specified strength if, in the opinion of the District, the release of such waste in an uncontrolled manner could adversely affect treatment at the wastewater collection system.

(3) High Strength Waste Surcharge. Users that contain higher than ordinary concentrations as defined in subsection (2) of this section are subject to a high strength waste surcharge as per AWWDC 9.05.050.

(4) Dilution. No user shall increase the use of potable or process water in any way, or combine separate waste streams, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement. The District may request the Department to impose mass limitations on users that it believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. [Res. SR 977 § 3.5, 2012].

6.10.100 Special agreement.

(1) The District may enter into agreements with users to authorize discharges compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Users with BOD or TSS levels higher than 300 mg/l or FOG higher than 100 mg/l must have such an agreement before commencing discharge. Within such agreements, the District may establish terms of the user’s discharge to the wastewater collection system including maximum flow rates, and concentrations. The District may also establish fees to recover costs associated with treating such wastes and monitoring schedules in such agreements. In no case will a special agreement waive compliance with state or federal pretreatment standards or requirements including categorical standards.

(2) Users discharging or intending to discharge pollutants other than BOD and TSS in significant amounts, and claiming compatibility must prove, to the satisfaction of the District, that such pollutants are compatible with the wastewater collection system. The District may require any claim of compatibility to be endorsed by the Department. [Res. SR 977 § 3.6, 2012].

6.10.110 General pretreatment facilities.

(1) Installation. Users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by this chapter or applicable authorizations or permits. Any facilities required to pre-treat wastewater to a level acceptable to the District shall be properly operated and maintained at the user’s expense. (Detailed plans showing the pretreatment facilities shall be submitted to the District and Ecology for review, and must be acceptable to the District and Ecology before construction of the facility.) The review of such plans shall in no way relieve the user from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the District under the provisions of this chapter. The user shall obtain all necessary construction/operating permits from the District and any other permits necessary and administered by other agencies.

(2) Operation. Such pretreatment facilities shall be under the control and directions of an employee trained and qualified to operate such system. Within a reasonable time after the completion of the wastewater treatment facility, the user shall furnish its operations and maintenance procedures and as-built drawings to the District for review. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to the District prior to initiation of the change. The user shall control production and/or discharges upon reduction, loss, failure, or bypass of the treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. [Res. SR 977 § 3.7, 2012].

6.10.120 Deadline for compliance with applicable pretreatment standards.

Compliance by existing categorical users covered by categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The District shall establish a final compliance deadline date for any existing minor user, any existing significant user not covered by categorical pretreatment standards, or for any categorical user when the local limits for said user are more restrictive than EPA’s categorical pretreatment standards.

“New source” users and “new users” are required to comply with applicable pretreatment standards within the shortest feasible time not to exceed 90 days from the beginning of discharge. “New sources” and “new users” shall install and have in operating condition and shall start up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.

Any “existing user” or a categorical user that must comply with a more stringent local limit, which is in a state of noncompliance with any local limit, shall be provided with a compliance schedule placed in a discharge authorization to ensure compliance within the shortest time feasible. [Res. SR 977 § 3.8, 2012].

6.10.130 Pretreatment facilities for fats, oils, and grease (FOG).

(1) Pretreatment Required. All existing, newly constructed, or remodeled food service establishments (FSEs) that have the potential to discharge FOG, whether polar (animal or vegetable) or nonpolar (petroleum or mineral), and operators of businesses having any type of washing facilities such as, but not limited to, laundries, garages, car washes, and filling stations (including pressure washing and steam cleaning), or any other discharges that have the potential to cause partial or complete obstruction of the building’s side sewer or other areas of the collection system, shall meet the requirement for interception of fats, oils, and greases, and other materials such as grit, sand, and lint, by installing an approved grease interceptor or oil water separator within 90 days of being notified of such need by District staff. If the installation is not completed in the 90-day period, a correction order will be issued as per AWWDC 6.10.440.

(2) Waste Discharge Requirements. Waste discharge from fixtures and equipment in establishments that may contain grease, including, but not limited to, scullery sinks, pot and pan sinks, vent hood drains, soup kettles and floor drains located in areas where grease-containing materials may exist, may be drained into the sanitary sewer only after such discharges are pretreated in an approved grease interceptor in accordance with this section.

No sanitary wastes from toilets, urinals, or other similar fixtures may be discharged through any grease interceptor or oil/water separator. All other wastes shall enter the interceptor/separator through the inlet pipe only. The wholesale shredding of food wastes into any fixture that discharges to a grease interceptor is prohibited.

(3) Design. Pretreatment facilities designed for the prevention of discharge of fat, oil, and grease must be approved by the District prior to installation.

(A) The systems shall meet the following criteria:

(i) The system must be a multiple-compartment interceptor or separator vault installed outside the building.

(ii) Vaults must meet the design requirements of the District’s standard specification.

(iii) Vaults must be sized in accordance with the following formula:

Sizing of Grease Interceptors
Number of meals per peak hour1	x	Waste flow rate2	x	Retention time3	x	Storage factor4	=	Interceptor size (liquid capacity)

1. Meals served per peak hour.

2. Waste Flow Rate.

a. With dishwashing machine	6 gallon/peak hour flow
b. Without dishwashing machine	5 gallon/peak hour flow
c. Single service kitchen (all disposable dishes and utensils)	2 gallon/peak hour flow
d. Food waste disposer	1 gallon/peak hour flow

3. Retention Times.

Commercial kitchen waste
Dishwasher	2.5 hours
Single service kitchen
Single serving	1.5 hours

4. Storage Factors.

Fully equipped commercial kitchen	8-hour operation: 1
	16-hour operation: 2
	24-hour operation: 3
Single service kitchen	1.5

Example: A restaurant has seating for 125 patrons. It operates 24 hours a day. Equipment includes a dishwasher and a waste disposal unit.

1. Estimated meals served per peak hour: 125 per hour X 1 hour = 125 meals per peak hour.

2. Waste flow rate: 6 gallons.

3. Retention time: 2.5 hours.

4. Storage factor: 3.

Solution:

125 X 6 X 2.5 X 3 = 5,625 gallon interceptor.

(iv) The system shall have effluent sampling capability approved by District staff.

(v) Vaults must be installed in accordance with District sewer installation specifications, Uniform Plumbing Code requirements, and the requirements of any additional permitting agency.

(B) In some situations where it is not feasible to install the required vault, the M&O Director or his/her designee may, in accordance with pretreatment program guidelines, allow:

(i) Installation of a smaller vault with more frequent pumping/maintenance required in lieu of the installation of the vault size calculated; provided that all other installation criteria in subsection (3)(A) of this section are met; or

(ii) In lieu of a grease interceptor, installation of grease trap(s) sized according to the chart below:

Total Number of Fixtures Connected	Required Rate of Flow per Minute, Gallons	Grease Retention Capacity, Pounds
1	20	40
2	25	50
3	35	70
4	50	100
(Dishwashers and garbage disposals are not allowed to discharge to grease traps.)

(C) In the event that the discharged effluent from the facility, where installation has been allowed per subsection (3)(B) of this section, continuously exceeds the District’s fat, oil, and grease discharge limits, or if the District’s sewer system is adversely affected by the discharges, then the District may require installation of a vault that complies with the criteria in subsection (3)(A) of this section.

(4) Source Control. All establishments that generate liquid or semisolid polar oil or grease shall maintain a container on site for containment of liquid and semisolid grease waste. This liquid or semisolid grease shall be transported to an approved rendering plant. In no case shall free liquid grease be disposed of directly into fixtures that are connected to the sewer system. Unused butter, margarine, or other solid grease products shall not be discharged to the sewer system through garbage disposals or other means. No exceptions to the prohibitions of this subsection are allowed for fixtures that discharge to the sewer system through an approved grease interceptor. Hauling and recycling of restaurant grease shall be accomplished by a facility holding a state rendering permit.

All establishments that generate nonpolar oil or grease shall maintain a container on site for the containment of this waste. In no case shall free liquid oil or grease be disposed of directly into fixtures that are connected to the sewer system. No exceptions to the prohibitions of this subsection are allowed.

(5) Additives. The use of any additive, such as enzymes, chemicals, or bacteria, as a substitute for grease interceptors or the maintenance of grease interceptors is prohibited.

(6) Grease Interceptor Maintenance. Each facility required to install and maintain a grease interceptor or oil/water separator under this chapter shall provide regular maintenance of said device to the satisfaction of the District in accordance with the requirements set forth in this chapter.

Each person who removes waste from the device shall, to the extent technically and mechanically possible, remove the entire contents.

(A) Pumping. All grease interceptors and oil/water separators shall be maintained by the user at the user’s expense. Maintenance shall include the complete removal of all contents including floating materials, wastewater, and bottom sludges and solids. Decanting or discharging of removed waste back into the interceptor from which the waste was removed or any other grease interceptor or oil/water separator, for the purpose of reducing the volume to be hauled, is prohibited.

(B) Grease Removal and Pumping Frequency. All grease interceptors and oil/water separators must be pumped out completely once every three months, or more frequently if deemed necessary by the District. Exception to this minimum frequency of pumping may be made with special written approval from the District for generators of small quantities of grease wastes.

(C) Disposal of Grease Interceptor or Oil/Water Separator Pumpage. All waste removed from each grease interceptor or oil/water separator must be disposed of at a facility permitted by the health department, or other appropriate agency, in the county in which the disposal facility is located. Under no circumstances shall the pumpage be discharged to any wastewater collection system or any sewer without authorization from the owner of the receiving wastewater collection system.

(D) Maintenance Requirements. Each person who engages in grease waste handling shall maintain all vehicles, hoses, pumps, tanks, tools, and equipment associated with grease waste handling in good repair, free of leaks, and in a clean and sanitary condition. All hoses and valves on grease waste handling vehicles or tanks shall be tightly capped or plugged after each use to prevent leakage, dripping, spilling or other discharge of grease wastes onto any public or private property.

(E) Maintenance Records. A log indicating each pumping of an interceptor for the previous 12 months shall be maintained by each user. This log shall include date, time, amount pumped, hauler, and disposal site and shall be kept in a conspicuous location for inspection by health department or wastewater collection system personnel.

(F) Maintenance Reporting. The information required in the maintenance log shall be submitted to the District annually. The reporting period shall be from January 1st through December 31st of each year. The report shall be submitted within 30 days after the end of the reporting period.

(G) Hazardous Material Prohibited. No person shall collect, transport, or handle any hazardous material (as defined in any applicable EPA standard) in any vehicle used for grease waste handling. [Res. SR 977 § 3.9, 2012].

6.10.140 Accidental spill/slug discharge control plans.

(1) Protection Procedures. The District may require any user to install, properly operate, and maintain, at the user’s expense, facilities to prevent slug loads or accidental discharges of pollutants to the wastewater collection system. The District may require users to produce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and Department regulations applicable to discharges to wastewater collection systems. When such plans are required by the District, they shall contain at least the following elements:

(A) A description of all wastewater discharge practices, including nonroutine batch discharges;

(B) A description of any and all stored chemicals;

(C) Procedures for immediately notifying the District of any accidental or slug load discharges, with procedures for follow-up written notification within five days;

(D) Procedures to prevent adverse impact from any accidental or slug load discharge, including, but not limited to, the following: inspection and maintenance of chemical storage areas, handling and transfer of materials, loading and unloading operations, control of runoff, worker training, construction of containment structures or equipment, and measures for emergency response.

(2) Notification Procedures. Users shall notify the Lead Operator of the Wastewater Treatment Plant (phone number (425) 787-3271, after-hours phone number (425) 870-3531) immediately upon the occurrence of a slug load or accidental discharge of substances prohibited or regulated by this chapter and take immediate actions to correct the situation. Notification by telephone call shall be followed by a written report containing the following information within five days. Such notification shall include:

(A) Location of discharge.

(B) Date and time thereof.

(D) Waste concentration and volume.

(E) Corrective actions taken and planned.

Any user who discharges an accidental discharge or slug load of prohibited or regulated material shall be liable for any expenses, loss, or damage to the wastewater collection system, in addition to the amount of any fines imposed by the District on account thereof under state or federal law. Signs shall be permanently posted in conspicuous places on user’s premises advising employees who to call in the event of a slug load or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge regarding emergency notification procedures. [Res. SR 977 § 3.10, 2012].

6.10.150 Additional pretreatment measures.

(1) Flow Control. Whenever deemed necessary, the District may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the wastewater collection system and determine the user’s compliance with the requirements of this chapter.

(2) Flammable Substance Detection. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. [Res. SR 977 § 3.11, 2012].

6.10.160 Wastewater discharge permit requirements.

No significant industrial user shall discharge wastewater into the wastewater collection system without first obtaining a state waste discharge permit from the Washington State Department of Ecology, King County, or the city of Everett (dependent upon destination treatment facility). Obtaining a wastewater discharge permit does not relieve a user of its obligation to comply with all federal and state pretreatment standards or requirements, or with any other requirements of federal, state, or local law. Furthermore, obtaining a wastewater discharge permit does not relieve the user from complying with the discharge limits contained in AWWDC 6.10.090. [Res. SR 977 § 4, 2012].

6.10.170 Discharge authorization requirements.

No user required by the District to execute a discharge authorization shall commence or continue to discharge wastewater into the wastewater collection system without first obtaining a discharge authorization from the District. Any infraction of the terms and conditions of a discharge authorization shall be deemed noncompliance with this chapter and subject to the sanctions set out in this chapter. Obtaining a discharge authorization does not relieve a user of its obligations to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law. [Res. SR 977 § 5, 2012].

6.10.180 Requirement to complete sewer use survey form.

The District shall periodically notify new, existing, and potential users of the requirement to complete a sewer use survey form. Upon notification, users shall fully and accurately complete the survey form and return the completed form to the District within 30 days of receipt. Each user shall maintain a copy of the latest completed survey form at their place of business. Failure to fully or accurately complete a survey form, or to maintain the latest survey form on the premises where a wastewater discharge is occurring, shall be in noncompliance with this chapter. [Res. SR 977 § 5.1, 2012].

6.10.190 Existing minor users required to obtain a discharge authorization.

Any existing minor user that was discharging process wastewater into the wastewater collection system prior to the effective date of the resolution codified in this chapter is required by the District to obtain a discharge authorization and shall, within 30 days after notification by the District, submit a completed discharge authorization application to the District in accordance with AWWDC 6.10.210. [Res. SR 977 § 5.2, 2012].

6.10.200 New minor users required to obtain a discharge authorization.

All new minor users proposing to connect to, or discharge process wastewater and/or other wastes to, the wastewater collection system shall obtain a discharge authorization prior to connecting to, or discharging to, the wastewater collection system. [Res. SR 977 § 5.3, 2012].

6.10.210 Discharge authorization application.

All users required to obtain a discharge authorization shall submit a completed sewer use survey in a form prescribed by the District. [Res. SR 977 § 5.4, 2012].

6.10.220 Discharge authorization decisions.

The District will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a completed discharge authorization application, the District will determine whether or not to grant a discharge authorization. Upon a determination to grant, the discharge authorization shall be executed within 30 days of full evaluation and acceptance of the data. The District shall deny any application for a discharge authorization for discharges that may detrimentally impact the wastewater collection system. [Res. SR 977 § 5.5, 2012].

6.10.230 Discharge authorization contents.

Discharge authorizations shall include such conditions as are deemed necessary by the District to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate biosolids management and recycling, and protect against damage to the wastewater collection system.

(1) Discharge authorizations may contain the following conditions:

(A) A statement that indicates the discharge authorization duration, which shall not exceed five years;

(B) A statement that the discharge authorization is nontransferable without prior notification to and approval from the District;

(D) Any self-monitoring, sampling, reporting, notification, and record keeping requirements;

(E) A statement of applicable administrative penalties for noncompliance with the discharge authorization requirements, and pretreatment standards and requirements;

(F) Limits on the average and/or maximum rate of discharge, and time of discharge;

(G) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the wastewater collection system;

(H) Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(I) Any special agreements the District chooses to continue or develop between the District and the user; and

(J) Other conditions as deemed appropriate by the District to ensure compliance with this chapter. [Res. SR 977 § 5.6, 2012].

6.10.240 Discharge authorization appeals.

Any user may petition the District to reconsider the terms of their discharge authorization within 30 days of its execution.

(1) Failure to submit a petition for review shall be deemed to be a waiver of the administrative appeal.

(2) In its petition, the appealing user must indicate the discharge authorization provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the discharge authorization.

(3) The effectiveness of the discharge authorization shall not be stayed pending the appeal. [Res. SR 977 § 5.7, 2012].

6.10.250 Discharge authorization duration.

Discharge authorizations shall be executed for a specified time period, not to exceed five years. Each discharge authorization will indicate a specific date upon which it will expire. [Res. SR 977 § 5.8, 2012].

6.10.260 Discharge authorization modification.

The District may modify the discharge authorization for good cause including, but not limited to, the following:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of discharge authorization execution;

(3) A change in the wastewater collection system that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4) Information indicating that the authorized discharge poses a threat to the wastewater collection system, District personnel, or the receiving waters;

(5) Noncompliance with any terms or conditions of the discharge authorization;

(6) Misrepresentations or failure to fully and accurately disclose all relevant facts in the discharge authorization application or in any required reporting;

(7) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. [Res. SR 977 § 5.9, 2012].

6.10.270 Discharge authorization transfer.

Discharge authorizations may be reassigned or transferred to a new owner and/or operator only if the user gives at least 30 days’ notice to the District and the District approves the discharge authorization transfer. The notice to the District shall include a written certification by the new owner and/or operator that:

(1) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

(2) Identifies the specific date on which the transfer is to occur; and

(3) Acknowledges full responsibility for complying with the existing discharge authorization.

Failure to provide advance notice of transfer renders the discharge authorization void as of the date of facility transfer.

Provided that the above occurs and that there were no significant changes to the operations and processes, or wastewater discharge, the new owner and/or operator will be considered an existing user and be covered by the existing limits and requirements in the previous owner’s discharge authorization. [Res. SR 977 § 5.10, 2012].

6.10.280 Discharge authorization revocation.

Discharge authorization may be revoked for the following reasons:

(1) Failure to notify the District of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the District of changed conditions;

(3) Misrepresentation or failure to fully and accurately disclose all relevant facts in the discharge authorization application;

(4) Refusing to allow the District timely access to the facility premises and records;

(5) Failure to meet discharge limitations;

(6) Failure to meet a compliance schedule;

(7) Failure to complete and submit a sewer use survey or a discharge authorization application;

(8) Failure to provide advance notice of the transfer of a facility currently holding a discharge authorization;

(9) If the District has to invoke its emergency provision as cited in AWWDC 6.10.470;

(10) Noncompliance with any pretreatment standard or requirement, or any terms of the discharge authorization or this chapter; or

(11) Any other reason that may impair the health of the general public or the wastewater collection system. [Res. SR 977 § 5.11, 2012].

6.10.290 Discharge authorization renewal.

A user, required to have a discharge authorization, shall apply for discharge authorization renewal by submitting, at a minimum, a completed sewer use survey in a form prescribed by the District, in accordance with AWWDC 6.10.180, a minimum of 180 days prior to the expiration of the user’s discharge authorization. A user, whose existing discharge authorization has expired and has submitted its re-application in the time period specified herein, shall be deemed to have an effective discharge authorization until the District executes or denies the new discharge authorization. A user, whose existing discharge authorization has expired and who failed to submit its re-application in the time period specified herein, will be deemed to be discharging without a discharge authorization. [Res. SR 977 § 5.12, 2012].

Article III. Reporting Requirements

6.10.300 Periodic compliance report.

The District may require reporting by any user if information or data is needed to establish a sewer charge, determine the treatability of the facility effluent, or determine any other factor that is related to the operation and maintenance of the wastewater collection system. [Res. SR 977 § 6.1, 2012].

6.10.310 Hazardous waste notification.

Any user discharging 100 kilograms or more of hazardous waste in any calendar month to the wastewater collection system, where the pollutants are not reported through self-monitoring under an applicable state waste discharge permit, shall report to the District and the Department of Ecology the following information to the extent that it is known or readily available to the user:

(1) The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dangerous waste number;

(2) The specific hazardous constituents;

(3) The estimated mass and concentration of such constituents in the waste streams discharged during the calendar month;

(4) The type of discharge (continuous, batch, or other); and

(5) The estimated mass of dangerous waste constituents in the waste stream expected to be discharged in the following 12 months.

These notification requirements do not apply to pollutants already reported under any self-monitoring requirements in a state waste discharge permit.

Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the District of the discharge of such a substance within 90 days of the effective date of such regulations.

In the case of any notification made under this section, a 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. [Res. SR 977 § 6.2, 2012].

6.10.320 Noncompliance reporting.

If sampling performed by a user indicates noncompliance with a discharge requirement, the user shall notify the District within 24 hours of becoming aware of the noncompliance. The user shall also repeat the sampling within five calendar days and submit the results of the repeat analysis to the District within 30 calendar days after becoming aware of the noncompliance. The user is not required to re-sample if:

(1) The District performs sampling at the user’s location at a frequency of at least once per month; or

(2) The District performs sampling at the user’s location between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. [Res. SR 977 § 6.3, 2012].

6.10.330 Notification of changed discharge.

All users shall promptly notify the District in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR Part 403.12(p). [Res. SR 977 § 6.4, 2012].

6.10.340 Reports from other users not required to obtain a discharge authorization.

All users not required to obtain a discharge authorization shall provide appropriate reports to the District as the District may require. [Res. SR 977 § 6.5, 2012].

6.10.350 Record keeping.

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 and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements.

Records shall include:

(1) The date, exact place, method, and time of sampling (including names of the person(s) taking the sample(s));

(2) Dates analyses were performed;

(3) Who performed the analyses;

(4) The analytical techniques or methods used; and

(5) The results of such analyses. [Res. SR 977 § 6.6, 2012].

Article IV. Sampling and Analytical Requirements

6.10.360 Sampling requirements for users.

Whenever a user is required to collect samples for analysis, the requirements listed below shall be followed:

(1) A minimum of four grab samples within a 24-hour period must be used for pH, cyanide, total phenols, sulfide, and volatile organics. For oil and grease, one grab sample during normal operations of the facility will be sufficient. The District will determine on a case-by-case basis whether the user will be able to composite the individual grab samples. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The District may waive flow-proportional composite sampling for any user that demonstrates, to the satisfaction of the District, that flow-proportional sampling is not feasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.

(2) For nonsignificant users, samples shall be taken immediately downstream from a point where any, and all, industrial waste streams from the facility are combined, or at a point determined by the District and contained in the user’s discharge authorization.

(3) All sample results shall indicate the time, date, and location of sampling. It shall also include methods of analyses, and shall certify that such sampling and analyses is representative of normal work cycles and expected pollutant discharges from the user. [Amended during 2016 codification; Res. SR 977 § 7.1, 2012].

6.10.370 Analytical requirements.

All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

All analyses performed to establish compliance and used in compliance reporting (with the exception of flow, pH, and percent explosivity) shall be performed by a laboratory accredited by the Washington State Department of Ecology, Quality Assurance Division, in accordance with Chapter 173-50 WAC. Laboratories must be accredited for the analyses which they are performing. [Res. SR 977 § 7.2, 2012].

6.10.380 District sampling of user’s wastewater.

The District will follow the same procedures as outlined in AWWDC 6.10.360 and 6.10.370. [Res. SR 977 § 7.3, 2012].

Article V. Inspection and Compliance Monitoring

6.10.390 Inspection and sampling.

The District shall have the right to enter the facilities of any user to ascertain whether the provisions of this chapter, and any discharge authorization or order issued hereunder, are being met and whether the user is cooperating with all requirements thereof. Users shall allow the District 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.

(1) Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the District will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The District shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s discharge.

(3) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the District and shall not be replaced. The costs of clearing such access shall be borne by the user.

(4) Unreasonable delays in allowing the District access to the user’s premises shall be noncompliance with this chapter. [Res. SR 977 § 8.1, 2012].

6.10.400 Monitoring facilities.

When required by the District, each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of the sewer discharge to the District. Each monitoring facility shall be situated on the user’s premises, except where such a location would be impractical or cause undue hardship on the user, the District may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The District, whenever applicable, may require the construction and maintenance of sampling facilities at other locations where appropriate.

There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.

The District may require the user to install monitoring equipment as necessary. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. [Res. SR 977 § 8.2, 2012].

Article VI. Administrative Enforcement Remedies

6.10.410 Violations continuing.

Violations of this chapter are deemed continuing in nature and each day of violation constitutes a separate violation subject to penalties as provided herein. [Res. SR 977 § 9.1, 2012].

6.10.420 Duty to enforce.

(1) The District Pretreatment Inspector is designated as the “enforcement officer” responsible for enforcing this chapter. With the approval of the Maintenance and Operations (“M&O”) Director, the enforcement officer may call upon other District employees and officers to assist in enforcement.

(2) Upon presentation of proper credentials, the enforcement officer may, with the consent of the owner, occupant, or tenant of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by this chapter.

(3) The obligation to comply with the requirements of this chapter ultimately rests with the owner of the real property served by the wastewater collection system. The property owner is responsible to work with any occupier or tenant on the property according to their occupancy agreement to meet the requirements of this chapter. Per RCW 57.08.081, any unpaid charges, fees or fines are deemed against the property and create a lien thereon, and its owners are subject to the District’s regular enforcement and collection procedures, including foreclosure of the lien.

(4) The requirements placed upon the enforcement officer or any District officer by this chapter are not intended to impose any duty upon the District or any of its officers or employees that would subject them to damages in a civil action. [Res. SR 977 § 9.2, 2012].

6.10.430 Customers discharging high strength waste.

(1) Customers with installed pretreatment equipment who discharge high strength waste will be given a written notice of violation and issued a surcharge pursuant to AWWDC 9.05.050.

(2) Customers with installed pretreatment equipment who have chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all wastewater measurements taken during a six-month period that continually exceed the daily maximum limit for the same pollutant by any amount, shall be deemed to be in significant noncompliance and a correction order will be issued. [Amended during 2016 codification; Res. SR 977 § 9.3, 2012].

6.10.440 Correction order.

(1) Whenever the enforcement officer determines that a violation of this chapter has occurred, and that the user is in significant noncompliance, a correction order shall be issued.

The correction order shall:

(A) Separately identify each violation.

(B) Identify the necessary corrective action to be taken.

The time for taking corrective action shall be established, taking into consideration:

(i) The violation’s severity and effect;

(ii) Permits needed to take corrective action;

(iii) The difficulty of the corrective action; and

(iv) Other circumstances deemed relevant by the enforcement officer.

(D) State that the order represents a determination that a violation has been committed and that the determination is final unless contested as per AWWDC 6.10.480.

(E) Advise of the right of review provided in AWWDC 6.10.460.

(2) The correction order shall be served by personal service or by certified mail and regular mail to the address provided by the property owner to the District or the property owner’s mailing address as set forth in the county tax records.

(3) A copy of the correction order shall be posted at a conspicuous place on the property. [Amended during 2016 codification; Res. SR 977 § 9.4, 2012].

6.10.450 Correction order – Filing.

A correction order shall be filed with the District’s M&O Director. [Res. SR 977 § 9.5, 2012].

6.10.460 Correction order – Review by enforcement officer.

(1) The customer or property owner affected by a correction order may obtain review thereof by filing a written request within 15 days from the date of the correction order with the enforcement officer. The written request for review shall set forth precisely the violation(s) or corrective action(s) the person requests the enforcement officer to review.

(2) The enforcement officer may:

(A) Sustain the correction order;

(B) Withdraw the correction order;

(D) Enter into a consent order; or

(E) Continue the review to a date certain for presentation of additional information.

(3) The enforcement officer shall issue a final correction order containing his or her decision within 10 days of the date the review is completed and mail the same to the customer and property owner.

(4) The customer and property owner may request a review by the District’s M&O Director pursuant to AWWDC 6.10.480. [Amended during 2016 codification; Res. SR 977 § 9.6, 2012].

6.10.470 Correction order – Failure to comply.

(1) In any case where a failure to comply with a correction order or consent order results in an imminent threat to the public health, safety and welfare, the enforcement officer shall issue a stop service order requiring the District to stop service.

(2) If a customer fails to comply with the correction order, or request a review in a timely manner, the correction order shall subject the customer and property owner to a fine of not less than $1,000 per day per violation, per CFR 403.8(e)(VI)(A), from the date set for compliance in the correction order until compliance with the correction order is achieved. [Res. SR 977 § 9.7, 2012].

6.10.480 Review of correction order by M&O Director.

(1) A customer or property owner who wishes to contest a final correction order shall submit the same in writing to the M&O Director within 15 days after being sent the final correction order.

(2) The M&O Director may consider the final correction order and any information submitted by the enforcement officer and/or the customer or property owner. The M&O Director may conduct a meeting or hearing, but there is no requirement for one.

(3) The District shall have the burden of proving by a preponderance of the evidence that the violation was committed.

(4) If the M&O Director determines that the District failed to establish that the violation was committed, the final correction order shall be dismissed. If the M&O Director determines that the violation was committed, an order shall be entered accordingly. [Res. SR 977 § 9.8, 2012].

6.10.490 Order – Mitigation plea.

A plea to present mitigating circumstances shall be submitted in writing to the M&O Director within 15 days after being sent the final correction order. By submitting the order mitigation plea, the submitting person agrees that the notice may not be contested. After considering the information presented, the M&O Director may modify the order. [Res. SR 977 § 9.9, 2012].

6.10.500 Order – Contents.

(1) Upon a finding that the violation occurred, the M&O Director shall enter an order consistent with AWWDC 6.10.470.

(2) Unless appealed, the fines and costs are payable immediately and subject to the District’s standard collection and enforcement procedures. The M&O Director may grant an extension of time for good cause shown. [Res. SR 977 § 9.10, 2012].

6.10.510 Appeal to Board of Commissioners.

The M&O Director’s decision may be appealed by written notice to the Board of Commissioners within 10 days after the M&O Director’s decision. The Board of Commissioners shall conduct a review based upon the established record and shall render a decision within 30 days after receipt of the notice of appeal. [Amended during 2016 codification; Res. SR 977 § 9.11, 2012].

6.10.520 Enforcement of order.

Orders entered under authority of this chapter shall be subject to the District’s standard collection and enforcement procedures, and, per RCW 57.08.081, any unpaid charges, fees or fines are deemed against the property and create a lien thereon. [Res. SR 977 § 9.12, 2012].

6.10.530 Emergency order.

(1) Whenever any use or activity is in violation of this chapter and threatens the health and safety of the occupants of the premises or the public, the enforcement officer shall issue an emergency order directing that the use or activity be discontinued and that the violation be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible.

(2) Any condition described in the emergency order that is not corrected within the time specified is a public nuisance and the enforcement officer shall abate such nuisance as provided by law. The cost of such abatement shall be recovered from the property owner in the manner provided by law. [Res. SR 977 § 9.13, 2012].

6.10.540 Emergency order – Review.

(1) Any person subject to an emergency order may request an immediate review of the order by the M&O Director, or in the absence of the M&O Director, by the M&O Superintendent.

(2) The review shall be an expedited review, and the person must prove that either (A) the violation does not pose an imminent threat to the public health, safety, and welfare, or (B) that required immediate corrective action will not eliminate such imminent threat. If the person establishes either of the foregoing, the emergency order shall be rescinded either immediately or upon completion of the corrective action to the satisfaction of the District. The decision of the M&O Director is the final decision of the District. [Res. SR 977 § 9.14, 2012].

Article VII. Judicial Enforcement Remedies

6.10.550 Injunctive relief.

When the M&O Director concludes that there is a danger to the public health and safety, or when a person has failed to comply with an emergency order, and that the enforcement remedies provided for herein are insufficient to protect the public, then the M&O Director is directed to petition the Snohomish County Superior Court for the issuance of a temporary or permanent injunction, as appropriate, enjoining the person from discharging into the wastewater collection system or compelling compliance with the wastewater discharge permit, order, or other requirement imposed by this chapter. [Res. SR 977 § 10.1, 2012].

6.10.560 Remedies nonexclusive.

The enforcement remedies provided by this chapter are not exclusive. The District reserves the right to take any, all, or any combination of these actions in case of a violation. [Res. SR 977 § 10.2, 2012].

Article VIII. Supplemental Enforcement Action

6.10.570 Performance bonds.

The M&O Director may decline to issue or reissue a wastewater discharge authorization to any user that has failed to comply with any provision of this chapter, a previous wastewater discharge authorization or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a bond in favor of the District, in an amount determined by the M&O Director and conditioned upon compliance with this chapter and any authorization issued pursuant hereto. [Res. SR 977 § 11.1, 2012].

6.10.580 Liability insurance.

The District may decline to issue or reissue a discharge authorization to any user that has failed to cooperate with any provision of this chapter, a previous discharge authorization or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the wastewater collection system caused by its discharge. [Res. SR 977 § 11.2, 2012].

6.10.590 Contractor listing.

Users that have not achieved a state of compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the District. Existing contracts for the sale of goods and services to the District held by a user found to be in significant noncompliance with pretreatment standards or requirements shall not be renewed. [Res. SR 977 § 11.3, 2012].