Chapter 14.06 SEWER USE REGULATIONS

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Buckley (city), and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR Part 403). The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

(2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

(3) To ensure that the quality of POTW sludge is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

(4) To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;

(5) To improve the opportunity to recycle and reclaim wastewater and sludge (biosolids) from the POTW; and

(6) To promote strategies to reduce the amounts of pollution generated by users, thereby reducing the associated hazards to the POTW and receiving waters.

This chapter shall apply to all users of the POTW. This chapter defines certain prohibited discharges; sets forth local limits for use by the state agencies in the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.020 Administration.

Except as otherwise provided herein, the city administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city administrator may be delegated by the city administrator to the superintendent or other city of Buckley personnel. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.030 Definitions.

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

(1) “Accessible,” when applied to required pretreatment monitoring or treatment equipment, shall mean direct access without the necessity of removing any panel, door, vehicle, equipment, materials, or other similar obstruction.

(2) “Act” or “the Act” means the federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1251 et seq.), as amended.

(3) “AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. AKART shall be applied by all industrial and commercial users of the POTW. Best management practices are a subset of the AKART requirement.

(4) “Administrator” means the city of Buckley city administrator.

(5) “Applicable pretreatment standards” means, for any specified pollutant, Buckley prohibited discharge standards, Buckley local limits, Washington State pretreatment standards, or EPA categorical pretreatment standards, whichever standard is appropriate and most stringent.

(6) “Approval authority” means Washington State Department of Ecology or “Ecology.”

(7) “Authorized representative of the user” means:

(a) If the user is a corporation:

(i) 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 who has signing authority granted by corporate bylaws; or

(ii) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 2000 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively, if partner has the right of signature or limited power of attorney;

(c) 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 designee.

(d) The individuals described in subsections (7)(a) through (c) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

(8) “Best management practices (BMPs)” means schedules of activities, provisions of practices, maintenance procedures, and other management practices to prevent or reduce pollution discharge to the POTW. BMPs also include treatment requirements, operating procedures, and practices to control all discharges to the POTW.

(9) “Biochemical oxygen demand (BOD5)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures during five days at 20 degrees centigrade, usually expressed as a concentration [milligrams per liter (mg/l)].

(10) “Building drain” means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three feet (one and one-half meters) outside the inner face of the building wall.

(11) “Building sewer” means the extension from the building drain to the public sewer or other place of disposal.

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

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

(14) “Categorical user” means a user covered by one or more categorical standards as defined herein.

(15) “Chemical oxygen demand (COD)” means a measure of the oxygen-consuming capacity of inorganic and organic matter present in wastewater. COD is expressed as the amount of oxygen consumed from a chemical oxidant in mg/l during a specific dose.

(16) “City” means the city of Buckley, Washington, a municipal corporation.

(17) “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.

(18) “Combined sewer” means a sewer receiving both surface runoff and sewage.

(19) “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.

(20) “Control authority” means a state entity whose pretreatment program has been approved by the EPA or a municipal entity whose pretreatment program has been approved by the duly authorized state or the EPA.

(21) “Cooling water/noncontact cooling water” means water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. 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.

(22) “County” means Pierce County, Washington, or its authorized deputy, agent, or representative; “Pierce County utilities” includes the director and authorized agents.

(23) “Day” shall be defined as a calendar day.

(24) “Domestic user (residential user)” means any ERU that contributes, causes, or allows the contribution of wastewater into the POTW that is similar in volume and/or chemical makeup to domestic wastewater.

(25) “Domestic wastewater” means wastewater from residential kitchens, bathrooms, and laundries, and water-borne human wastes from sanitary facilities in all other buildings, together with such ground water infiltration or surface waters as may be present.

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

(27) “Environmental Protection Agency (EPA)” means the U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.

(28) “Existing source” means any categorical user which discharges wastewater to the POTW, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

(29) “Existing user” means any noncategorical industrial user which discharges wastewater to the POTW prior to the effective date of the ordinance codified in this chapter.

(30) “Fats, oils, and grease (FOG)” means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, 20th Edition, 1998, Section 5520, or latest edition. The term “fats, oils, and grease” shall include polar and nonpolar fats, oils, and grease.

(31) “Food service users” means any user who operates a restaurant, cafe, lunch counter, take-out counter, cafeteria, bar, or club, hotel, hospital, nursing home, retirement village, sanitarium, factory, or school kitchens, or any commercial establishments where grease may be introduced to the sewer system.

(32) “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

(33) “Grab sample” means a sample which 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.

(34) “Grease interceptor” means an interceptor of at least 750-gallon capacity to serve one or more fixtures and which shall be remotely located. Alternately, a UPC-approved mechanical device for grease removal.

(35) “Grease trap” means a device designed to retain grease from one to a maximum of four fixtures.

(36) “Health Department” means the Tacoma-Pierce County Health Department division of environmental health.

(37) “High strength waste” means any waters or wastewater having a concentration of BOD or total suspended solids in excess of 300 mg/l or having a concentration of fats, oil and grease in excess of 100 mg/l.

(38) “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW 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.

(39) Industrial User. Throughout this chapter, the term “industry” or “industrial user” is meant to apply to any “person” (defined in WAC 173-216-030(13)) within the POTW’s service area which has, or may have, a discharge of “industrial wastewater” (as defined in subsection (40) of this section), or who would be subject to categorical standards promulgated by the EPA if they were discharging.

(40) “Industrial wastewater” means water or liquid-carried waste from any industry, manufacturing operation, trade, business, or commercial establishment which includes process wastewater, cooling water, contaminated stormwater, contaminated leachates, or other waters in some combination such that the combined effluent differs in some way from purely domestic wastewater, or is subject to regulation under federal categorical pretreatment standards, the State Waste Discharge Permit Program, or this chapter.

(41) Interceptor. An “interceptor” is a device designed and installed so as to separate and retain deleterious or undesirable matter from normal wastes and permit normal liquid wastes to discharge by gravity.

(42) “Interference” means the effect of a discharge or discharges on the POTW from one or more nondomestic users which results in either:

(a) Inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use, or disposal;

(b) Violation of any permit regulating the POTW’s wastewater discharge or sewerage sludge; or

(c) Prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued hereunder. (Applicable sludge regulations shall include 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); 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; the Marine Protection, Research, and Sanctuaries Act; and 40 CFR Part 503.)

(43) “Maximum allowable discharge limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

(44) “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.

(45) “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

(46) “New source” means:

(a) Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such sources if such standards are thereafter promulgated in accordance with that section; provided, that:

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

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

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

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsections (46)(a)(ii) or (iii) of this section, but otherwise alters, replaces, or adds to existing process or production equipment.

(i) Begun, or caused to begin as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for placement, assembly, or installation of new source facilities or equipment; or

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

(47) “New user” means any noncategorical user that plans to discharge a new source of wastewater to the city’s sewerage system after the effective date of the ordinance 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 manufacturing operation.

(48) “Pass through” means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES or State Waste Discharge Permit (including an increase in the magnitude or duration of a violation) or causes a violation of any water quality standard for waters of the state promulgated under state regulations, including Chapter 173-201A WAC.

(49) “Permittee” means a person or user issued a wastewater discharge permit or discharge authorization.

(50) “Person” means any individual, partnership, firm, 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.

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

(52) “Pollutant” means any substance, either liquid, gaseous, solid, or radioactive, discharged to the POTW which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological properties of waters of the state of Washington including pH, temperature, taste, color, turbidity, oxygen demand, toxicity, or odor. This includes any discharge likely to create a nuisance or render such waters harmful, detrimental, or injurious to any beneficial uses, terrestrial, or aquatic life, or to public health, safety, or welfare.

(53) “Pollution prevention” means source reduction; protection of natural resources by conservation; or increased efficiency in the use of raw materials, energy, water, or other resources.

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

(55) “Pretreatment facilities” means any device, structure or method which will remove specified pollutants and/or chemicals from the wastewater prior to its discharge into the POTW.

(56) “Pretreatment program” means an industrial wastewater pretreatment program administered by Ecology or applicable control authority and/or the U.S. EPA under their respective laws and regulations and includes any requirements for local municipalities necessary to assist and support Ecology and/or the EPA’s program.

(57) “Pretreatment requirements” means any substantive or procedural state, local, or federal requirement related to pretreatment developed under Chapter 90.48 RCW and/or Sections 307 and 402 of the Clean Water Act.

(58) “Pretreatment standards” or “standards” means any pollutant discharge limitations including categorical standards, state standards, and local limits of this chapter applicable to the discharge of nondomestic wastes to a POTW. The term shall also include the prohibited discharge standards of this chapter, WAC 173-240-060, and 40 CFR Part 403.5.

(59) “Process wastewater” means industrial wastewater discharged from one or more commercial or industrial processes or cleanup procedures. Process wastewater does not include domestic waste or noncontact cooling water. Process wastewater may refer to one process discharge or several commingled process discharges.

(60) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in this chapter.

(61) “Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

(62) “Public sewer” means a sewer constructed for conveyance of liquid wastes which is controlled by a public authority.

(63) “Publicly owned treatment works (POTW)” means any “treatment works,” as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the city, county, or state. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to the treatment plant.

(64) “Recreational vehicle waste (RV waste)” means any domestic and/or residential wastes from holding tanks on private recreational vehicles, including travel trailer, pickup truck-mounted campers, and mobile domestic single-family recreational vehicles. This category does not include tour buses and public transportation vehicles. This category does not include wastes from vehicles which collect wastewater from holding tanks.

(65) “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

(66) “Self-monitoring report” means a report, submitted to the city, Ecology, or applicable control authority by the user, containing sampling test results on wastewater discharges’ quality and quantity. Results shall be from a certified lab as required by Chapter 173-216 WAC.

(67) “Septic tank waste” or “septage” means any sewage and sludge from individual wastewater disposal systems such as septic tanks and cesspools; and domestic wastes from holding tanks and chemical toilets.

(68) “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

(69) “Sewage” or “wastewater” means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters or wastes as may be present.

(70) “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

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

(72) “Shall” is mandatory; “may” is permissive.

(73) “Significant industrial user (SIU)” means:

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

(b) A user that:

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

(ii) Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(iii) Is designated as such by Ecology with input from the city on the basis that it, alone or in conjunction with other sources, has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

(c) Upon finding that a user meeting the criteria in subsection (73)(b) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, Ecology may at any time, on its own initiative or in response to a petition from a user or the city and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

(74) “Significant noncompliance (SNC)” shall refer to a violation or pattern of violations of one of the following natures:

(a) 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;

(b) Technical review criteria (TRC) violations, defined here as those 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);

(c) Any other discharge violation that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);

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

(e) 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;

(f) 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;

(g) Failure to accurately report noncompliance; or

(h) Any other violation(s) which the city determines will adversely affect the operation or implementation of the pretreatment program.

(75) “Slug load” means any discharge at a flow rate or concentration which could cause a violation of the discharge standards of this chapter or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge.

(76) “Standard Industrial Classification (SIC) Code” means a classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.

(77) “State” means the state of Washington.

(78) “Storm drain” (sometimes termed “storm sewer”) means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

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

(80) “Superintendent” means the superintendent of sewage works and/or of water pollution control of the city, or his authorized deputy, agent or representative.

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

(82) “Toxic pollutant” means:

(a) Any pollutant or combination of pollutants listed as toxic in the regulations promulgated by the EPA pursuant to authority under the Clean Water Act (“CWA” 33 U.S.C. Section 1251 et seq.), the Resource Conservation and Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” 42 U.S.C. Section 9601 et seq.); or

(b) Any dangerous waste or extremely dangerous waste or mixed waste as listed in the regulations promulgated by the Washington State Department of Ecology pursuant to the Hazardous Waste Management Act (Chapter 70.105 RCW et seq.).

(83) “Treatment plant effluent” means the discharge from the POTW.

(84) Uniform Plumbing Code. The “Uniform Plumbing Code (UPC)” stated shall be the Uniform Plumbing Code as adopted by the county and in effect at the time of construction.

(85) “Upset” means an exceptional incident causing unintentional and temporary noncompliance with applicable pretreatment standards due to factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(86) “User” or “commercial and/or industrial user” means a source of wastewater discharge to the POTW exclusive of domestic users as defined herein.

(87) Wastewater. See “sewage.”

(88) “Wastewater discharge permit (industrial wastewater discharge permit, discharge permit)” means an authorization or equivalent control document issued by Ecology to users discharging wastewater to the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

(89) “Wastewater treatment plant” or “treatment plant” means that portion of the POTW designed to provide treatment of sewage as defined herein.

(90) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

(91) “Zero discharge permit” means a permit for a categorical user that operates its processes so that no industrial wastewater is discharged to the POTW. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 1, 1981. Formerly 14.06.010).

14.06.040 Abbreviations.

ASPP – Accidental spill prevention plan.

AKART – All known, available, and reasonable means of prevention, control and treatment (see BMC 14.06.030, Definitions).

BOD – Biochemical oxygen demand.

CFR – Code of Federal Regulations.

CWA – Clean Water Act.

COD – Chemical oxygen demand.

EPA – U.S. Environmental Protection Agency.

ERU – Equivalent residential unit.

FIFRA – Federal Insecticide Fungicide and Rodenticide Act.

FOG – Fats, oils and grease.

gpd – Gallons per day.

L – Liter.

LEL – Lower explosive limit.

Mg – Milligrams.

Mg/l – Milligrams per liter.

NPDES – National Pollutant Discharge Elimination System as defined under Section 402 of the Clean Water Act.

O&M – Operation and maintenance.

POTW – Publicly owned treatment works.

RCRA – Resource Conservation and Recovery Act.

SIC – Standard Industrial Classifications.

SWDA – Solid Waste Disposal Act (42 U.S.C. 6901, et seq.).

TSS – Total suspended solids.

UPC – Uniform Plumbing Code.

U.S.C. – United States Code.

WAC – Washington Administrative Code. (Ord. 04-10 § 1 (Exh. A), 2010).

Article II. Use of Public Sewers Required

14.06.050 Unsanitary deposit unlawful.

It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 2 § 1, 1981. Formerly 14.06.020).

14.06.060 Discharge to natural outlet unlawful.

It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 2 § 2, 1981. Formerly 14.06.030).

14.06.070 Private systems prohibited.

Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 2 § 3, 1981. Formerly 14.06.040).

14.06.080 Standards.

Anyone desiring to install an on-site septic system(s) on real property(ies) within the city of Buckley shall be required to make application to and receive approval from the Pierce County Health Department prior to installation of such system. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 03-04 § 1, 2004. Formerly 14.06.090).

14.06.090 Connection to public sewer when available.

Public sewer shall be deemed available when capacity exists to serve the property and when a main line is within 200 feet of the property line. Property owners installing septic systems after July 1, 2000, shall connect to the public sewer when available and the septic system shall be abandoned in accordance with the requirements of the Pierce County Health Department. Connection shall occur within two years of notice from the city of availability. The cost of such connection and abandonment shall be borne by the property owner in accordance with Chapter 14.08 BMC. Property owners with pre-existing septic systems shall connect to the public sewer subject to the conditions in Chapter 14.08 BMC. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 03-04 § 2, 2004. Formerly 14.06.100).

Article III. Building Sewers and Connections

14.06.140 Permit – Required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the superintendent. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 1, 1981).

14.06.150 Permit – Classes – Fee.

There shall be two classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee shall be established by resolution of the city council and shall be paid to the city at the time the application is filed. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 13-08 § 13, 2008; Ord. 1015 Art. 4 § 2, 1981).

14.06.160 Cost liability.

All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 3, 1981).

14.06.170 Separate connection to each building.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 4, 1981).

14.06.190 Construction standards.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 6, 1981).

14.06.200 Elevation of connection.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 7, 1981).

14.06.210 Surface runoff or ground water connection prohibited.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 8, 1981).

14.06.220 Connection standards.

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 9, 1981).

14.06.230 Inspection and supervision.

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 10, 1981).

14.06.240 Excavation protection and restoration.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 04-10 § 1 (Exh. A), 2010; Ord. 1015 Art. 4 § 11, 1981).

Article IV. Use of Public Sewers

14.06.250 Prohibited discharge standards.

(1) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements (40 CFR 403.5(a) and WAC 173-216-060(2)(b)(i)).

(2) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or gases, either singly or combined in a waste stream:

(a) Any pollutant which either alone or by interaction may create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees centigrade) using the test methods specified in 40 CFR 261.21 (40 CFR 403.5(b)(1)), or are capable of creating a public nuisance (WAC 173-216-060(2)(b)(ii));

(b) Any pollutant which will cause corrosive structural damage to the POTW, but in no case discharges with a pH less than 5.5 or more than 10, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by a permit under the State Waste Discharge Permit Program (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv));

(c) Any solid or viscous substances including fats, oils, and grease in amounts which may cause obstruction to the flow in a POTW or other interference with the operation of the POTW (40 CFR 403.5(b)(3) and WAC 173-216-060(2)(b)(iii));

(d) Any discharge of pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, is sufficient to cause interference with the POTW (40 CFR 403.5(b)(4) and WAC 173-216-060(2)(b)(vi));

(e) Any waste stream having a temperature which will inhibit biological activity in the treatment plant resulting in interference, or cause worker health or safety problems in the collection system. In no case shall wastewater be discharged at a temperature which causes the temperature at the introduction to the POTW treatment plant to exceed 104 degrees Fahrenheit (40 degrees centigrade) unless the system is specifically designed to accommodate such a discharge, and the discharge is authorized under the State Waste Discharge Permit Program (40 CFR 403.5(b)(5) and WAC 173-216-060(2)(b)(v));

(f) Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through (40 CFR 403.5(b)(6) and WAC 173-216-060(2)(b)(i));

(g) Any pollutants which result in the presence of toxic gases, vapors, or fumes within any portion of the POTW in a quantity that may cause acute worker health and safety problems (40 CFR 403.5(b)(7));

(h) Any trucked or hauled wastes, except at discharge points designated by the city and in compliance with all applicable city requirements and during specified hours (40 CFR 403.5(b)(8));

(i) Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair (WAC 173-216-060(2)(b)(ii));

(j) Any of the following discharges unless approved by the city under extraordinary circumstances, such as the lack of direct discharge alternatives due to a combined sewer service or need to augment sewage flows due to septic conditions (WAC 173-216-060(2)(b)(vii)):

(i) Noncontact cooling water in significant volume;

(ii) Stormwater, and other direct inflow sources;

(iii) Wastewater significantly affecting system hydraulic loading, which does not require treatment or would not be afforded a significant degree of treatment by the system;

(iv) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, deionized water, and unpolluted wastewater;

(k) Any dangerous or hazardous wastes as defined in Chapter 173-303 WAC, as amended, except as allowed in compliance with that regulation (WAC 173-216-060(1) and 40 CFR Part 261);

(l) Any substance which will cause the POTW to violate its NPDES or other disposal system permits or causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

(m) Any substance which may cause the POTW’s effluent or treatment residues, sludge, or scum to be unsuitable for reclamation and reuse, or would interfere with the reclamation process or cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed pursuant to the federal, state, or local statutes or regulations applicable to the sludge management method being used;

(n) Any liquids, solids, or gases which either singly, in conjunction, or by interaction with other waste streams cause two successive readings on an explosion meter to be more than five percent or any single reading over 10 percent of the lower explosive limit (LEL) of the meter at any point in the collection system or treatment works;

(o) Anything which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life;

(p) Any discharge containing radioactive wastes or isotopes except as specifically approved by the city in compliance with applicable state or federal regulations including WAC 246-221-190, “Disposal by Release into Sanitary Sewerage System”; and meeting the concentration limits of WAC 246-221-290 Appendix A, Table 1, Column 2, and WAC 246-221-300 Appendix B, and not violating any other prohibition;

(q) Any sludge, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes;

(r) Any medical wastes or infectious wastes, except as specifically authorized by the city;

(s) Any detergents, surface-active agents, or other substances in amounts which may cause excessive foaming in the POTW;

(t) Any incompatible substance such as: grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, 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 lubricating oil, mud, or glass grinding or polishing wastes, or any other organic or inorganic matter greater than one-half inch in any dimension;

(u) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent;

(v) Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide and Rodenticide Act (FIFRA);

(w) Any waters or wastes containing iron, chromium, pickling wastes, or concentrated plating solutions, whether neutralized or not;

(x) Any wastewater which in the opinion of the city can cause harm either to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under special agreement by the city (except that no waiver shall be given from categorical pretreatment standards);

(y) Any wastewater having a total fat waste, oil, or grease (whether or not emulsified), hexane or ether-soluble matter content in excess of 100 mg/l; or any substance which may solidify or become discernibly viscous at temperatures above zero degrees centigrade (32 degrees Fahrenheit);

(z) Any wastewater having an average BOD5 concentration more than 300 mg/l;

(aa) Any wastewater having an average TSS concentration more than 300 mg/l;

(bb) The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septage, or other wastewater unless said person has first obtained testing and approval as may be generally required by the city and paid all assessed fees for testing and discharge;

(cc) Any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW;

(dd) Any substance which may cause the POTW’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse, or interface with the reclamation process.

(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 POTW. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.260 Federal categorical pretreatment standards.

National categorical pretreatment standards as adopted and hereafter amended by the EPA pursuant to the Act shall be met by all industrial users of the regulated industrial categories. These standards, found in 40 CFR Chapter 1, Subchapter N, Parts 405 through 471, are hereby incorporated by reference. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.270 State requirements.

(1) State requirements and limitations on discharges to the POTW, as incorporated into Washington State law by Chapter 90.48 RCW and implemented in Chapters 173-201A, 173-216, and 173-270 WAC, shall be met by all users who are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter.

(2) Any user determined by the city to qualify as a significant industrial user (SIU) shall file an application for a State Waste Discharge Permit with Ecology 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 city. Failure to submit the application or rejection of the application by Ecology is sufficient grounds to terminate or refuse to provide sewer service. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.280 Local limits.

(1) The city shall have the authority to establish effluent limitations and/or require compliance with applicable effluent limitations or other pretreatment requirements. The city shall also have the authority to enforce the following limitations on wastewater strength, and any subsequent limitations adopted pursuant to this chapter.

(2) No person shall discharge process wastewater containing concentrations in excess of the established daily maximum allowable discharge limits unless prior written approval has been obtained from the city. These limits shall apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances are for “total” metal unless indicated otherwise. The city or applicable control authority may impose mass limitations in addition to or in place of concentration-based limitations. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment shall apply. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.290 City’s right of revision.

The city reserves the right to establish more stringent standards or requirements on discharges to the POTW. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.300 Special agreements.

(1) The city reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13.

(2) The city may enter into agreements with users to accept pollutants compatible with the treatment system at greater than domestic strengths. Within such agreements, the city may establish terms of the user’s discharge to the POTW including, but not limited to, maximum flow rates and concentrations. The city 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 a state or federal pretreatment standard or requirement including categorical standards.

(3) Users discharging or intending to discharge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the city that such pollutants are compatible with the POTW. The city may require any claim of compatibility to be endorsed by Ecology.

(4) The city may assist, by arrangement or formal agreement, agencies that regulate hazardous wastes and materials, and air emissions from users in order to maximize state, county, and city resources.

(5) The city specifically may arrange to act as an agent of Ecology to determine compliance with treatment or disposal requirements and inspect on-site disposal activities and shipping documents. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.310 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 an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The city may impose mass limitations on users who they believe may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.320 Pretreatment facilities.

(1) Review and Acceptance of Pretreatment Facilities. Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set forth in this chapter within the time limitations specified by the EPA, the state, or the city, whichever is more stringent. Users shall procure, install, operate, and maintain the wastewater facilities which, combined with appropriate practices, are necessary to achieve AKART as defined herein. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to Ecology for review and approval in accordance with the procedures of Chapter 173-240 WAC, and shall be disclosed to the city before construction of the facility. Proof of Ecology approval should be disclosed to the city upon request. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter. The user will obtain all necessary construction/operating permits from the city, county, or Ecology. Prior to completion of the wastewater pretreatment facility, the user shall furnish its plan of operations and maintenance procedures to Ecology to review. Such pretreatment facilities shall be under the control and direction of a person qualified to operate such facilities.

(2) Standards of Pretreatment. Users shall provide all known, available, and reasonable methods of prevention, control, and pretreatment including best management practices to comply with this chapter and state and federal regulations.

(3) New Construction. Any subsequent proposal for significant changes in pretreatment facilities or method of operation shall be reported to and be reviewed and accepted by the applicable control authority prior to the user’s initiation of such changes. Proof of approval by the applicable control authority shall be disclosed to the city upon request. Any necessary construction permits shall be obtained before new construction or modification of an existing facility. If applicable, the user shall obtain a discharge permit. 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 city or applicable control authority under the provisions of this chapter.

(4) Submission of Plans and Reports. Pretreatment facilities shall comply with the applicable requirements of Chapter 173-240 WAC, WAC 173-216-050(3), and RCW 90.48.010. Users shall comply with approved engineering reports, plans and specifications, and operation and maintenance manuals, and shall modify such documents to reflect any proposed modifications of pretreatment facilities. Users shall submit proposals to modify pretreatment facilities to Ecology before implementation in accordance with Chapter 173-240 WAC. Users shall submit a copy of Ecology’s acceptance to the city before implementing changes to approved pretreatment facilities. Any subsequent proposal for significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the city and/or applicable control authority prior to the user’s initiation of the changes. (Ord. 04-10 § 1 (Exh. A), 2010).

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

(1) General.

(a) All persons are prohibited from discharging, or causing to be discharged, processing wastewater to the collection system or POTW which contains oils, greases, solids, or liquids sufficient to cause obstruction or otherwise interfere with the proper operations of the POTW or collection system.

(b) All persons are prohibited from disposing any grease waste or processing waste containing oils, greases, solids, or liquids and discharge said waste into any drainage piping, public or private sanitary sewer, storm drainage system, sufficient to interfere with the proper operation of that system, or to discharge said waste to any land, street, public way, river, stream, or other waterway.

(c) All persons are prohibited from accumulating liquid waste on his property or in his possession which is injurious to public health or emits offensive odors.

(d) All persons are prohibited from utilizing any chemical emulsifying agent for the purpose of hindering or eliminating the interception of fats or grease prior to entering the city’s wastewater collection system.

(e) Food service establishments and other facilities described in subsection (4) of this section discharging wastewater shall install, operate, clean, and maintain a sufficiently sized oil and grease, water and solids separator (herein called grease interceptor), and/or a UPC mechanical device necessary to achieve compliance with requirements set forth under this provision. No grease interceptor shall be less than 750 gallons capacity. Grease traps shall be sized according to pounds of grease retained and be compatible with UPC standards.

(f) Oil or grease of petroleum or mineral origin shall not be discharged to the city’s sewer system at a concentration in excess of 100 mg/l.

(g) Fats, oil, or grease of animal or vegetable origin shall not be discharged to the city’s sewer system at a concentration in excess of 100 mg/l.

(h) The concentration of oils and grease shall be measured in samples taken from the sampling chamber following pretreatment in an approved grease interceptor or UPC-approved mechanical device in accordance with the requirements of this section. Oil and grease concentration shall be measured using the partition-gravimetric method or the partition-infrared method outlined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association.

(2) Waste Discharge Requirements.

(a) 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, dishwashing machines, 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 waste interceptor and/or UPC-approved mechanical device in accordance with this section.

(b) No sanitary wastes from toilets, urinals, or other similar fixtures may be discharged through any grease waste interceptor and/or UPC-approved mechanical device. All wastes shall enter the interceptor through the inlet pipe only. The use of garbage grinders/shredders into any fixture which discharges to a grease waste interceptor is prohibited.

(3) Location.

(a) Each grease interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, cleaning, and the removal of the intercepted grease. Location of the interceptor shall meet the approval of the city, per UPC and/or Pierce County Health Code.

(b) Interceptors shall be placed as close as practical to the fixture(s) they serve.

(c) Each business establishment for which a grease interceptor and/or UPC-approved mechanical device is required shall have an interceptor or device which shall serve only that establishment unless otherwise approved by the city.

(4) Pretreatment Required.

(a) Dischargers who operate newly constructed or remodeled restaurants, meat cutting facilities, cafes, lunch counters, bakeries, cafeterias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other establishments that serve or prepare food where grease may be introduced to the sewer system shall have pretreatment facilities to prevent the discharge of fat waste, oil, or grease.

(b) Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages, or similar businesses having any type of washing facilities (including pressure washing and steam cleaning) or any other dischargers producing grit, sand, oils, lint, or other materials which have the potential of causing partial or complete obstruction of the building site sewer or other areas in the POTW shall install and maintain approved interceptors, oil/water separators, or tanks such that excessive amounts of oil, sand, and inert solids are effectively prevented from entering the POTW.

(5) Design.

(a) Grease interceptors shall be multiple compartment flotation chambers where grease floats to the water surface and is retained while the clear water underneath is discharged. The clear water discharged is subject to the discharge prohibitions of subsections (1)(f) and (g) of this section.

(b) The grease interceptor shall be followed by a sampling compartment to allow for monitoring of discharges from the pretreatment unit. The geometry of the sampling compartment shall be in accordance with the city standard plan for grease interceptors available at the city’s office. Interceptors shall have fittings designed for grease retention.

(c) There shall be an adequate number of manholes to provide access for cleaning and maintenance of all areas of the interceptors and oil/water separators.

(6) Sizing Criteria.

(a) New grease interceptors, grease traps, and mechanical grease removal devices must be sized in accordance with the Uniform Plumbing Code and any other requirements by the city as set forth herein.

(b) Grease interceptors that include dishwasher effluent shall be sized and located to provide sufficient detention time to allow for cooling of the effluent following guidelines from Appendix H of the Uniform Plumbing Code.

(7) Source Control. All food establishments which deep fry, pan fry, or otherwise generate liquid or semisolid restaurant grease shall maintain a container on site for containment of liquid and semi-solid grease wastes. This liquid or semi-solid grease shall be transported to an approved rendering plant. In no case shall free liquid grease be disposed of directly into fixtures which 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 which discharge to the sewer system through an approved grease interceptor. Hauling and recycling of restaurant grease shall be accomplished at a facility holding a state rendering permit, and the user shall maintain a log for disposal as described later in this chapter.

(8) Additives. The use of any additive, such as enzymes, emulsifiers, chemicals, or bacteria, is prohibited.

(9) Grease Interceptor and Oil/Water Separator Pumping and Maintenance.

(a) Each facility required to install and maintain a grease waste interceptor, mechanical device or oil/water separator under this chapter shall provide regular maintenance to the satisfaction of the superintendent in accordance with the requirements set forth in this chapter.

(b) Each person who removes grease waste from the grease interceptor shall, to the extent technically and mechanically possible, remove the entire content of the grease interceptor. Decanting or discharging of removed waste back into the interceptor from which the waste was removed or any other grease interceptor for the purpose of reducing the volume to be hauled is prohibited. All grease interceptors shall be maintained by the user at the user’s expense.

(c) Grease Removal and Grease Interceptor Pumping Frequency. All grease interceptors and/or mechanical devices must be pumped out completely once every three months, or more frequently, as required by the city. Exception to this minimum frequency of pumping may be made with special written approval from the director for generators of small quantities of grease wastes. In no case shall the frequency of pumping be less than once every six months. Pumping shall include the complete removal of all contents including floating materials, wastewater, and bottom sludges and solids.

(d) Oil and Debris Removal from Oil/Water Separator Frequency. Oil/water separators must be pumped out completely when the oil level on top reaches two inches in thickness or the debris or sludge level occupies 25 percent of the volume, or more frequently, as required by the city. Pumping shall include the complete removal of all contents including floating materials, wastewater, and bottom sludges and debris.

(e) Failure to Pump. If in the opinion of the superintendent pumping of the grease interceptor or the oil/water separator is required, the owner will be notified in writing and shall arrange to have the grease interceptor pumped and disposed of, at the owner’s cost, within 30 days. If the owner or user does not pump within the 30-day time period, the city will arrange to have the interceptor pumped and disposed of, and will present the owner with a bill for pumping plus an administrative fee of 10 percent. The city shall bill and collect said charges in the same manner as other sewer utility rates are collected including, but not limited to, the sewer lien procedures provided under Chapter 35.67 RCW.

(f) Disposal of Grease Interceptor Pumpage. All waste removed from each grease interceptor must be disposed of at a facility permitted by the health department in the county in which the disposal facility is located. Under no circumstances shall the pumpage be returned to any POTW or any sewer.

(g) 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 on any public or private property.

(h) Maintenance Records. A log indicating each pumping of a grease interceptor for the previous 12 months shall be maintained by each food service establishment. A log indicating each pumping of an oil/water separator for the previous 12 months shall be maintained by the owner or his representative. This log shall include date, time, amount pumped, hauler and disposal site, and shall be kept in a conspicuous location for inspection by the Health Department or city personnel. The maintenance record log shall be recorded in the format on file with the city.

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

(j) Failure to Maintain. If a failure to maintain settling tanks, grit traps, grease interceptors, or oil/water separators results in partial or complete blockage of the building sewer, private sewer system discharge to the city’s sewer system, or other parts of the city’s sewer system, or adversely affects the treatment of transmission capabilities of the POTW, or requires excessive maintenance by the city, or poses a possible health hazard, the discharger responsible for the facilities shall be subject to costs associated for cleaning and maintaining the city’s sewer. The city shall contract directly with an outside contractor to clear the blockage and/or clean the sewer and bill the owner for the cost of the work, plus an administrative fee of 10 percent. The city shall bill and collect said charges in the same manner as other sewer utility rates are collected including, but not limited to, the sewer lien procedures provided under Chapter 35.67 RCW.

(k) Hazardous Material Prohibited. No person shall collect, transport, or handle any hazardous material in any vehicle used for grease waste handling.

(10) Maintenance Log Format.

(a) All pumpage collected by haulers from grease interceptors and oil/water separator shall be verified by a maintenance log which confirms pumping, hauling, and disposal of waste. Maintenance records and maintenance reporting requirements are specified in subsections (9)(h) and (i) of this section. Each person who engages in grease waste hauling shall complete the log each time such person services a grease interceptor. Such person shall provide a copy of the log to the generator of the grease waste.

(b) Type I Maintenance Log Format. The Type I format shall be used when the transporter of the pumpage maintains and operates a grease waste treatment facility where such facility is permitted by the local department of health in the county in which the facility is located. The local health department permit shall specifically cover activities associated with grease waste recycling and/or disposal activities.

(c) Type II Maintenance Log Format. The Type II grease waste interceptor maintenance log format shall be used when the transporter of the pumpage does not maintain and operate a permitted grease waste treatment facility. The Type II format shall be used by all transporters not on the list of permitted and approved grease waste receiving facilities maintained by the city. Any transporter on the approved list who does not dispose of the hauled grease waste at its own permitted treatment facility shall use the Type II format.

(d) All hauling and recycling of restaurant grease which is disposed of at an approved rendering plant shall have a record log for such hauling and disposal (subsection (7) of this section).

(11) Inspection and Entry.

(a) Any and all premises serviced by a grease interceptor and oil/water separator and any and all records pertaining thereto shall be subject to inspection by city personnel for the purpose of determining compliance with this chapter.

(b) Any and all premises and vehicles used by any person performing grease waste handling and any and all records of such person which relate to such person’s grease waste handling activities shall be subject to inspection by the city for the purpose of determining compliance with this chapter.

(12) Existing Dischargers of Grease Wastes.

(a) All existing restaurants, cafes, bakeries, lunch counters, cafeterias, meat cutting facilities, bars, or clubs, or hotel, hospital, sanitarium, factory or school kitchens; or other establishments that serve or prepare food where grease may be introduced to the sewer system which do not have grease interceptors; or do not have adequately sized interceptors at the time of adoption of this chapter shall meet the requirement for interception of grease, oils and fats by installing an approved grease interceptor and/or UPC-approved mechanical device.

(b) Approved grease interceptors or devices shall be installed within 12 months of the adoption of this chapter for existing facilities. The city may consider and approve an extension of up to six months for compliance with this requirement based upon extenuating circumstances such as financial hardship. Facilities will be notified in writing by the city.

(c) Existing facilities which currently have grease interceptors and oil/water separators of adequate size to meet the requirements of this article shall submit drawings of the existing installation along with calculations to demonstrate the adequacy of the existing installation. If the superintendent determines that the existing grease interceptor and oil/water separator meets the requirements of this article, the facility will be required to install only the sampling chamber as shown on the standard plan for grease interceptors. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.340 Compliance deadline for pretreatment requirements.

(1) Existing sources covered by one or more categorical pretreatment standards shall comply with such standards within 12 months of the date the standard is effective unless the pretreatment standard includes a more stringent compliance schedule. Ecology shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the state limits for said user are more restrictive than the EPA’s categorical pretreatment standards.

(2) New sources and new users shall comply with applicable pretreatment standards within the shortest feasible time. Such time shall not exceed 90 days from the beginning of discharge. Prior to commencing discharge, such users shall install and start up all pollution control devices necessary for compliance with pretreatment standards. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.350 Additional pretreatment measures.

(1) Whenever deemed necessary, the city 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 POTW and determine the user’s compliance with the requirements of this chapter.

(2) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(3) Each user discharging more than 10,000 gallons per day or 10 percent of the average daily flow into the POTW, whichever is less, may be required by the city to install and maintain, on his/her property and at his/her expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. The facility shall have a capacity for at least 50 percent of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the city. The city may require the user to obtain a wastewater discharge permit solely for flow equalization, or to develop a slug discharge control plan. Such user may be required to install an approved flow measuring device. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.360 Accidental spill/slug discharge control plans.

(1) The city may require any user to install, properly operate, and maintain, at his/her own expense, facilities to prevent slug loads or accidental discharges of pollutants to the POTW. The city may require users to produce and/or implement spill plans developed in compliance with OSHA, health, fire, and Ecology regulations relative to discharges to the POTW. When such plans are required by the city, the user shall provide:

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

(b) A description of stored chemicals;

(c) Procedures for immediately notifying the city of any accidental or slug load discharges, with a follow-up written notification within five days; and

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

(2) Users shall verbally notify the city immediately upon the occurrence of a “slug” or “accidental discharge” of substances regulated by this chapter and take immediate actions to correct the situation. This notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. The user shall follow up with a written notification to the city containing the same information within five days following the accidental discharge.

(3) Any user who discharges an accidental discharge or slug load shall be liable for:

(a) Recovery of any resultant expenses, losses, and damages to the POTW;

(b) Recovery of any fines or settlements levied upon the city on account thereof by any government agency or court of competent jurisdiction;

(c) Applicable fines and penalties assessed by the city for noncompliance with this chapter. (Ord. 04-10 § 1 (Exh. A), 2010).

Article V. Wastewater Discharge Permit Requirements

14.06.380 Requirements to complete industrial user surveys.

The city shall periodically notify new, existing, and potential users of the requirement to complete an industrial user survey form. Upon notification, users shall fully and accurately complete the survey form, and return the completed form to the city 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 a violation of this chapter. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.390 Permit requirements – Discharge.

(1) No significant industrial user (SIU) shall discharge wastewater into the POTW without first applying for a wastewater discharge permit from Ecology and obtaining a discharge authorization from the city. The city shall require proof of such permit application. Obtaining a wastewater discharge permit does not relieve a permittee of his/her obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law including the requirement for applying AKART.

(2) The city may require other users, including liquid waste haulers, to apply for wastewater discharge permits to uphold the provisions of this chapter.

(3) The city may also establish, and require users by letter, permit, or rule to implement, best management practices as determined by the applicable control authority to be representative of AKART, or to discontinue use of any substance for which an effective substitute is available which will lessen the potential for violating this chapter or any water quality standard, or which may represent a significant decrease either singly, or in combination with other similar users, in the toxicity of pollutant loadings to the POTW.

(4) The city encourages all users seeking authorization to discharge to the POTW to complete a pollution prevention review before submitting their request to discharge to the city. The city shall require users who must submit a pollution prevention plan under the state of Washington’s Hazardous Waste Reduction Act to provide this plan to the city as a condition of initial or continued discharge. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.400 Permit requirements – Dangerous waste constituents.

Users discharging a wastestream containing dangerous wastes as defined in Chapter 173-303 WAC (listed, characteristic, or criteria wastes) are required to comply with the following permit provisions:

(1) Obtain a written authorization to discharge the waste from the city, and either obtain specific authorization to discharge the waste in a State Waste Discharge Permit issued by Ecology, or accurately describe the wastestream in a temporary permit obtained pursuant to RCW 90.48.165. The description shall include at least:

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

(b) The mass of each constituent expected to be discharged.

(2) Compliance shall be obtained on the following schedule:

(a) Before discharge for new users.

(b) Within 30 days after becoming aware of a discharge of dangerous wastes to the POTW for existing users.

(c) Within 90 days after final rules identifying additional dangerous wastes or new characteristics or criteria of dangerous waste are published for users discharging a newly listed dangerous waste. (Ord. 04-10 § 1 (Exh. A), 2010).

Article VI. Reporting Requirements

14.06.410 Disclosure of records.

All records and reports required by this chapter, any applicable state and federal regulation, or any permit or order issued hereunder, will be available on site for review by the city during business hours, when activities are being conducted at the facility, and at all reasonable times. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.420 Reports from unpermitted users.

All users not obligated to obtain a wastewater discharge permit from Ecology shall provide appropriate reports to the city as the superintendent may require. The schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported, shall be determined by the superintendent. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.430 Reporting requirements – Dangerous waste constituents.

Any user discharging 100 kilograms or more of dangerous waste in any calendar month to the POTW where the pollutants are not reported through self-monitoring under an applicable State Waste Discharge Permit shall report to the city and 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 waste streams discharged during the calendar month.

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

(5) The estimated mass of dangerous waste constituents in wastestreams expected to be discharged in the next 12 months. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.440 Record keeping.

(1) Users subject to this chapter shall retain, and make available for inspection and copying, all records of information maintained to comply with this chapter, a State Waste Discharge Permit, if applicable, and approved operations and maintenance procedures (inspections, lubrication, repair, calibrations, etc.), if applicable. Users subject to monitoring requirements shall keep records of all monitoring activities required or voluntary. Monitoring 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.

(2) 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 POTW, or where the user has been specifically notified of a longer retention period by the city. (Ord. 04-10 § 1 (Exh. A), 2010).

Article VII. Sampling and Analytical Requirements

14.06.450 Sampling requirements for users.

(1) Applicable Requirements. Users which discharge into the POTW shall abide by the applicable wastewater monitoring requirements of this chapter, any applicable order, and any state or federal regulation or permit, including a State Waste Discharge Permit. The city may require self-monitoring and reporting as a requirement of discharge to the POTW, or may conduct its own monitoring of any discharge.

(2) Categorical User Sampling Requirements. Categorical users with combined discharges shall measure flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). Where feasible, such users shall sample immediately downstream from any pretreatment facilities, unless the control authority determines end-of-pipe monitoring to be more stringent or applicable.

(3) Noncategorical Users. All other users, where required to sample, shall measure the flows and concentrations necessary to evaluate compliance with pretreatment standards and requirements.

(4) Data Required. All sample results shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that the samples are representative of normal work cycles and expected pollutant discharges from the user. Whenever a user samples and analyzes any regulated pollutant more frequently than required, using methodologies in 40 CFR Part 136, the results of such analysis shall be submitted with the next required discharge report. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.460 Analytical requirements.

All pollutant analyses required to be reported, with the exception of flow and temperature, shall be performed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC. Laboratories must be accredited for the analyses for which they are performing. Sampling and analysis techniques used in collection, preservation, and analysis shall be in accordance with 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by the EPA or Ecology. To ensure that the reported data is valid for determining compliance with requirements, all data shall have a detection level (DL) no greater than 25 percent of the regulatory limit included in this chapter or applicable state or federal regulation (i.e., for arsenic (As), with a regulatory limit of 0.50 mg/l, the DL shall be no greater than 0.125 mg/l). (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.470 City monitoring of wastewater.

The city shall follow the procedures required of users described in BMC 14.06.450 and 14.06.460 whenever conducting wastewater sampling of any industrial user, when such sampling is conducted to ensure compliance with this chapter and applicable pretreatment standards and requirements. (Ord. 04-10 § 1 (Exh. A), 2010).

Article VIII. Compliance Monitoring

14.06.480 Right of entry for inspection and sampling.

(1) The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any wastewater discharge permit or order issued under this chapter or by Ecology, is being met and whether the user is complying with all requirements thereof. Users shall allow the city 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.

(2) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security operations so that, upon presentation of suitable identification, the superintendent, or his or her agents or assigns, and representatives of local, state, and federal authority will be allowed to enter without delay for the purposes of performing their respective duties.

(3) The city, in coordination with Ecology for users with State Waste Discharge Permits, shall have the right to set up on the user’s property such devices as are necessary to conduct sampling and/or metering of the user’s operations.

(4) 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 city and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5) Unreasonable delays in allowing the city access to the user’s premises shall be a violation of this chapter.

(6) Safety Requirements. While performing the necessary work on private properties, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.490 Monitoring facilities.

(1) Each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the city. Such facilities may be required by Ecology or the city. Monitoring facilities shall be situated on the user’s premises, unless this would be impractical or cause undue hardship on the user. In such cases, the user must receive permission from the city of Buckley to construct the facility in the public street or sidewalk area, providing it will not be obstructed by landscaping or parked vehicles.

(2) The city or applicable control authority may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line wastewater treatment system) when deemed appropriate.

(3) There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The user shall maintain the facility, sampling, and measuring equipment at all times in a safe and proper operating condition at his/her own expense.

(4) All monitoring facilities shall be constructed and maintained in accordance with all applicable city development standards and specifications. At a minimum, the monitoring equipment shall include an inspection/sampling manhole with an internal diameter of no less than 48 inches and a surface opening of no less than 24 inches. Any devices used to measure wastewater flow and quality shall be regularly calibrated to ensure their accuracy. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.500 Access and inspections.

(1) If the city or an inspector acting as its agent has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect, as part of a routine inspection program of the city designed to verify compliance with this chapter or any order issued hereunder or any wastewater discharge permit issued by Ecology, or to protect the overall public health, safety, and welfare of the community, then the city administrator shall seek access to the property or building through the Pierce County superior court.

(2) In the event the city administrator has reason to believe a situation represents an imminent threat to public health and safety, and where entry has been denied or the area is inaccessible, an agent of the city may enter in the company of a uniformed police officer in order to determine if the suspected situation exists, and if so, to take such actions necessary to protect the public. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.510 Vandalism.

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Ord. 04-10 § 1 (Exh. A), 2010).

Article IX. Confidential Information

14.06.520 Confidential information.

(1) Records kept by the city with respect to the nature and frequency of discharges from any user shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city administrator, that the release of such information would divulge information, processes or methods of production entitled to confidentiality under the law.

(2) Users shall clearly mark “confidential” on all area of reports requested to be held confidential from the public. Upon request for this information, the city superintendent shall determine if such information is legally afforded this protection under the law. Only information marked “confidential,” which the city superintendent determines qualifies as such, shall be withheld from the public.

(3) Documents claimed as “confidential,” however, shall not be withheld from any state or federal agency responsible for oversight of the city’s NPDES permit or authority to implement the NPDES, or federal or state pretreatment programs. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 04-10 § 1 (Exh. A), 2010).

Article X. Administrative Enforcement Remedies

14.06.530 State responsibility for administrative actions.

The Washington State Department of Ecology is charged with permitting and regulating significant industrial users of the city’s POTW. Except for emergency actions, the city shall coordinate actions in regard to control of such users with Ecology. Failure to do so, however, shall not invalidate any action of the city authorized by this chapter. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.540 Notification of violation.

(1) When the city finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may serve upon that user a written notice of violation. The city may select any means of service which is reasonable under the circumstances.

(2) Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.550 Consent orders.

(1) The city is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such consent orders shall include specific action to be taken by the user to correct the noncompliance within a time schedule also specified by the consent order.

(2) Compliance schedules, when included in consent orders, may not extend the compliance date beyond any applicable state or federal deadlines. Consent orders shall have the same force and effect as compliance orders issued pursuant to BMC 14.06.560 and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.560 Compliance orders.

(1) Whenever the city finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the city or applicable control authority may issue a compliance order to the user responsible for the violation directing that, following a specified time period, wastewater services, including collection and treatment, may be discontinued and/or applicable penalties imposed unless adequate pretreatment facilities, devices, or other related appurtenances have been installed and are properly operated and maintained.

(2) Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including, but not limited to, the installation of pretreatment facilities, additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged into the POTW. A compliance order may not extend the deadline for compliance beyond any applicable state or federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.

(3) Failure to comply with any terms or requirements of a compliance order by the user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the city. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.570 Administrative hearing.

(1) A user shall be afforded the opportunity to have or participate in an administrative hearing before the city council to contest the city’s determination to impose penalties, recover costs, or establish compliance schedules. A user shall also have the right to a hearing prior to termination of a user’s wastewater services.

(2) Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served on an authorized representative of the user (return receipt requested) at least 15 days prior to the scheduled hearing.

(3) An administrative hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.580 Cease and desist orders.

(1) When the city finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order by Ecology, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur and may cause a violation of the POTW’s NPDES permit, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately cease such actions or discharges as described.

(b) Comply with all applicable pretreatment standards and requirements.

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

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.590 Emergency suspension of wastewater services.

(1) The city or applicable control authority may immediately suspend wastewater services including collection and treatment, after notice to the user, if it appears to the city that such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to either the environment, normal operation of the POTW, or the health or welfare of any person or the general public.

(2) Any user notified of a suspension of its discharge shall immediately cease all wastewater discharges. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection or temporary suspension of water service, to prevent or minimize damage to the POTW, its receiving stream, or the danger to the public. The city may allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed, unless the termination proceedings in BMC 14.06.600 are initiated against the user.

(3) No person shall attempt to prevent the city from terminating wastewater services in an emergency situation, by barring entry, by physically interfering with city employees or contractors, or by any other means.

(4) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the city prior to the date of any show cause or termination hearing authorized by this chapter.

(5) Nothing in this article shall be interpreted as requiring a hearing prior to any emergency suspension under this article.

(6) Any suspension of wastewater services, emergency or otherwise, shall include notification to the local health department as shown below:

TACOMA-PIERCE COUNTY HEALTH DEPARTMENT

3629 SOUTH D STREET

TACOMA, WA 98418-6813

(Ord. 04-10 § 1 (Exh. A), 2010).

14.06.600 Termination of treatment services (nonemergency).

(1) The city shall have authority to terminate wastewater services, including collection and conveyance to the treatment plant, for any user upon determining that such user has:

(a) Refused access as allowed by this chapter thereby preventing the implementation of any purpose of this chapter.

(b) Violated any provision of this chapter including the discharge prohibitions and standards of Article IV.

(2) For users holding permits to discharge to the POTW, violation of any of the following conditions is also grounds for terminating discharge services:

(a) Failure to accurately report wastewater constituents and characteristics.

(b) Failure to report significant changes in operations or wastewater constituents or characteristics.

(3) Any suspension of wastewater services, emergency or otherwise, shall include notification to the local health district as shown below:

TACOMA-PIERCE COUNTY HEALTH DEPARTMENT

3629 SOUTH D STREET

TACOMA, WA 98418-6813

(Ord. 04-10 § 1 (Exh. A), 2010).

Article XI. Judicial Enforcement Remedies

14.06.610 Injunctive relief.

When the city finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the Pierce County superior court through the city’s retained counsel for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.620 Civil penalties.

(1) A user which has violated or continues to violate any provision of this chapter, or order issued hereunder, or any other pretreatment standard or requirement not reserved by a permit by Ecology shall be liable to the city for a maximum civil penalty of $10,000 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long-term average discharge limits, penalties shall accrue for each day a violation occurs.

(2) In addition to the penalty amounts assessable under subsection (1) of this section, the city may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city including penalties for noncompliance with the city’s NPDES permit to the extent attributable to the user.

(3) The city shall petition the Pierce County superior court to impose, assess, and recover such sums. In recommending the amount of civil liability, the city shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires, and shall present this analysis as evidence in support of the recommended penalty.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.630 Remedies nonexclusive.

The provisions in Articles X through XII of this chapter are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 04-10 § 1 (Exh. A), 2010).

Article XII. Affirmative Defenses to Discharge Violations

14.06.640 General prohibited discharge standards.

(1) The city may allow an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in BMC 14.06.250(1), (2)(c) and (2)(g). Such defense requires the user to prove to the satisfaction of the city that:

(a) The user did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference;

(b) The discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit; and

(2) This defense does not relieve the user from responsibility for enforcement to recover costs. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.650 Upset.

(1) Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its pretreatment 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 pretreatment facility is reduced, lost, or otherwise fails.

(2) A user who wishes to establish the affirmative defense of upset to an action brought for noncompliance with applicable pretreatment standards shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:

(a) An upset occurred; the user can identify the cause(s) of the upset; and it was not due to improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation;

(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

(c) The user has submitted the following information to the POTW and treatment plant operator within 24 hours of becoming aware of the upset. If this information is provided orally, a written report must follow within five days:

(i) A description of the indirect discharge and cause of noncompliance;

(ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

(iii) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(3) Users will only have the opportunity for a judicial determination on a claim of upset in an enforcement action brought for noncompliance with applicable pretreatment standards. In any such enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.660 Bypass.

(1) A user may allow a bypass to occur if it does not cause applicable pretreatment standards or requirements to be violated, and if it is for essential maintenance to ensure efficient operations. These bypasses are not subject to the provisions of subsections (2) and (3) of this section.

(2) Requirements for Bypasses Subject to Pretreatment Standards or Requirements.

(a) If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass, if possible;

(b) An industrial user shall give verbal notification to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours of becoming aware of the bypass, and submit a written report to the city within five days of becoming aware of the bypass;

(c) The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The city may waive the written report if the verbal notification has been received within 24 hours.

(3) Exceptions. Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:

(a) Bypass was unavoidable to prevent loss of life or personal injury;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

(4) The POTW may approve an anticipated bypass, after considering its adverse effects, and that the city determines that it will meet the three conditions listed in subsection (3) of this section. (Ord. 04-10 § 1 (Exh. A), 2010).

Article XIII. Charges and Fees

14.06.670 Purpose.

(1) The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city’s pretreatment program.

(2) These fees relate solely to the matters covered by this chapter and are separate from all other rates or charges for sewer services; provided, that the city shall collect said charges in the same manner as other sewer utility rates are collected, including, but not limited to, the sewer lien procedures provided under Chapter 35.67 RCW.

(3) Fees may include:

(a) Fees for wastewater discharge authorizations, including the cost of processing the authorization applications, public noticing, issuing and administering the authorization, and reviewing monitoring reports submitted by users;

(b) Fees for modifying or transferring authorizations;

(c) Fees for monitoring, inspection, surveillance and enforcement procedures including the cost of collection and analyzing a user’s discharge;

(d) Fees for reviewing and responding to accidental discharge procedures and construction;

(e) Fees for preparing and executing enforcement action;

(f) Fees for filing appeals;

(g) Fees for high strength waste and industrial process flow; and

(h) Other fees as the city may deem necessary to carry out the requirements contained herein.

(4) All fees or charges will be collected by direct billing. Unless the city has been made aware of extenuating circumstances that would prevent prompt payment, all fees are payable within 30 days of the billing. Fees past due will be considered a violation of this chapter. Users not paying fees within 60 days of the billing period may be subject to termination of service. The city may change existing or adopt new fees. (Ord. 04-10 § 1 (Exh. A), 2010).

Article XIV. Miscellaneous Provisions

14.06.680 Severability.

The provisions of this chapter are severable, and if any provision of this chapter, or application of any provision of this chapter to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this chapter, shall not be affected thereby. (Ord. 04-10 § 1 (Exh. A), 2010).

14.06.690 Regulatory conflicts.

All other chapters and parts of other chapters inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict. (Ord. 04-10 § 1 (Exh. A), 2010).