Chapter 13.08 SEWER SYSTEM

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

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

“Agreement” means all agreements for service and special service made with any person, firm, or corporation, or the authorized deputy or agent thereof.

“AKART” means an acronym for “all known, available, and reasonable methods (prevention, control, and treatment) to prevent and control pollution of the waters of the state of Washington” (Chapter 90.48 RCW). 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 users of the wastewater treatment plant. AKART includes best management practices and may be required by the public works director for any discharge to the wastewater treatment plant.

“Apartment” means any multiple-family dwelling having units with separate kitchen plumbing facilities.

“Applicable pretreatment standards” means, for any specified pollutant, the more stringent of city prohibitive standards, city-specific pretreatment standards (local limits), state of Washington pretreatment standards, or applicable national categorical pretreatment standards.

“Applicant” means any person, firm, or corporation applying for sewer service or any other connection to the city sewer system.

“Authorized representative of the user” means:

1. If the user is a corporation:

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

b. The manager of one or more manufacturing, production, or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

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

4. The individuals described in subsections (1) through (3) of this definition 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.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees centigrade. The laboratory determinations shall be made in accordance with procedures set forth in Standard Methods.

“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 side sewer, beginning three feet outside the inner face of the building wall.

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

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

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

“City health officer” means the person or department designated with the responsibility to enforce and maintain health regulations of the city, county, and state. In the absence of an employee of the city designated with the title of city health officer, the title and responsibility shall be delegated to the county health officer or county health department.

“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.

“Commercial building” means all buildings or premises used for any purpose other than a single dwelling unit, but not an industrial waste contributor.

“Commercial customer” means all businesses or premises used for any purpose other than a single dwelling unit, but not an industrial waste contributor.

“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.

“Connection” means any physical connection to the city sewer system by any sewer service or any private sewer system or any pipeline extension.

“Cooling water” means water used for cooling purposes generated from any use, such as air conditioning, heat exchangers, cooling, or refrigeration. For purposes of this chapter, such waters are further divided into two subcategories:

1. “Uncontaminated” means water to which the only pollutant added is heat, which has no direct contact with any raw material, waste, intermediate, or final product, and which does not contain a level of contaminants detectably higher than that of the intake water.

2. “Contaminated” means water likely to contain levels of pollutants detectably higher than intake water. This includes water contaminated through any means, including chemicals added for water treatment, corrosion inhibition, or biocides, or by direct contact with any process materials, products, and/or wastewater.

“County” means Lewis County, Washington.

“Customer” means any person, business, property owner, sewer user, or other entity separately billed by the city for the use or availability of public sewers.

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

“Domestic customer” means any residential customer whose sewage discharge consists of only sanitary wastes.

“Domestic user” means any person who contributes, causes, or allows the discharge of wastewater into the city wastewater treatment plant that is similar in volume and/or chemical makeup to domestic wastewater. For comparison, the public works director may assume discharges of domestic wastewater from dwelling units to be 100 gallons containing 0.2 pounds of BOD, and 0.2 pounds of TSS per capita per day, or as identified in the design of the wastewater treatment plant.

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

“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.

“Existing source” means any categorical user which discharges wastewater to the wastewater treatment plant, 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.

“Existing user” means any industrial user not subject to categorical pretreatment standards which discharges wastewater to the wastewater treatment plant prior to the effective date of the ordinance codified in this chapter.

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

“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.

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

“Industrial customer” means all sewer users which discharge an industrial waste.

“Industrial waste” means any flow discharged to the sewer facilities containing:

1. A total of more than 30 pounds of ammonia in any one day;

2. A total of more than 30 pounds of suspended solids in any one day;

3. A total of more than 30 pounds of BOD in any one day.

“Industrial wastewater” means water- or liquid-carried waste from any industry, manufacturing operation, trade, or business which includes any combination of process wastewater, cooling water, contaminated storm water, contaminated leachates, or other waters 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.

“Interference” means the effect of a discharge or discharges on the wastewater treatment plant from one or more users which results in either:

1. Inhibition or disruption of the wastewater treatment plant, its treatment processes or operations, or its sludge processes, use, or disposal;

2. Violation of any permit regulating city wastewater discharge or sewerage sludge; or

3. Prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued thereunder. (Applicable sludge regulations shall include Section 405 of the Clean Water Act (33 USC 1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.); state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 USC 7401 et seq.); the Toxic Substances Control Act (TSCA) (15 USC 2601 et seq.); the Marine Protection, Research, and Sanctuaries Act (33 USC et seq.); and 40 CFR Part 503.)

“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.

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

“Multiple-dwelling unit” means an occupied unit of an apartment building, duplex, triplex, condominium, mobile home park, trailer court, or other multiple structure or buildings where the building or complex may be served by a shared or common private sanitary sewer line or lines, side sewer, or other joint sewer facilities.

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

“New source” means:

1. Any facility constructed after proposed categorical standards applicable to operations conducted at the facility were published, provided the facility is or may be a source of discharge to the wastewater treatment plant, and:

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

b. The new construction totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site.

2. Construction of a new source as defined under this subsection has commenced if the owner or operator has either:

a. Begun, or caused to begin, any placement, assembly, or installation of facilities or equipment;

b. Begun, or caused to begin, significant site preparation work including removal of existing facilities necessary for the emplacement of new source facilities or equipment; or

c. Entered into a binding contractual obligation for the purchase of facilities or equipment for use in operation of a new source within a reasonable time.

“New user” means any noncategorical user that plans to discharge a new source of wastewater to the city collection 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 discharging nondomestic wastewater will be considered an existing user if no significant changes in facility operation are made and wastewater characteristics are not expected to change.

“Parts per million” means a weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

“Pass through” means a condition occurring when discharges from users (singly or in combination) exit the wastewater treatment plant in quantities or concentrations which either:

1. Cause a violation of any requirement of a city NPDES or state waste discharge permit;

2. Cause an increase in the magnitude or duration of a violation; or

3. Cause a violation of any water quality standard for waters of the state promulgated under state regulations including Chapter 173-201A WAC.

“Permittee” means any person or user issued a wastewater discharge permit.

“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.

“pH” means a measure of the acidity or alkalinity of a substance, expressed in standard units (technically defined as the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution).

“Pollutant” means any substance, either liquid, gaseous, solid, or radioactive, discharged to the wastewater treatment plant 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.

“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.

“Premises” means a private home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to sewer service and responsibility for payment thereof.

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

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

“Pretreatment standards” or “standards” means any pollutant discharge limitations including categorical standards, state standards, and limits listed in this chapter applicable to the discharge of nondomestic wastes to the wastewater treatment plant. The term shall also include the prohibited discharge standards of this chapter, WAC 173-216-060, and 40 CFR Part 403.5.

“Private system” means a sewer system, or pipelines and appurtenances, pumping facilities, treatment facilities, or any combination thereof that are owned by other than the city.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances as contained in this chapter.

“Properly shredded garbage” means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such 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 in any dimension.

“Property owner” means the owner of record of the real property or lessor or other person that has been designated responsible by the owner or lessor.

“Public sewer” means a common sewer directly controlled by public authority.

“Public works director” shall mean public works director or designee.

“Sanitary sewer” means a sewer that conveys sewage or industrial wastes, or a combination of both, and into which storm water, surface water, and ground waters or unpolluted industrial wastes are not intentionally admitted.

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

“Service charges” means fees, costs, rates, and charges for sewer services.

“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.

“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 as may be present.

“Sewer” means a pipe or conduit for conveying sewage or any other waste liquids, including storm water, surface water, and ground water drainage.

“Sewerage” means the system of sewers and appurtenances for the collection, transportation, and pumping of sewage and industrial wastes.

“Shall” defines a mandatory requirement. “May” is permissive.

“Side sewer” means the side sewer or lateral, including the wye, tee, saddle, or other device connecting the same to the public sewer, that is part of the horizontal piping of a drainage system that extends from the end of the building drain and receives the discharge of the building and conveys it to the public sewer.

“Significant industrial user (SIC)” means:

1. A user subject to categorical pretreatment standards; or

2. A user that:

a. Discharges an average of 25,000 GPD or more of process wastewater to the wastewater treatment plant (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or

b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant; or

c. Is designated as such by the DOE 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 wastewater treatment plant’s operation or for violating any pretreatment standard or requirement.

3. Upon a finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the wastewater treatment plant’s operation or for violating any applicable pretreatment standard or requirement, the DOE may at any time, on its own initiative or in response to a petition received 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.

“Significant noncompliance (SNC)” refers to a violation or pattern of violation of one of the following natures:

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

2. Technical review criteria (TRC) violations, 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);

3. 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);

4. 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;

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

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

7. Failure to accurately report noncompliance; or

8. Any other violation(s) which the public works director determines will adversely affect the operation or implementation of the local pretreatment program.

“Slug load” means any pollutant released in a discharge at a flow rate or concentration which could violate this chapter, or any discharge of a nonroutine, episodic nature such as an accidental spill or a noncustomary batch discharge.

“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.

“Standard methods” means the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Wastewater, and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association, and the Federation of Sewage and Industrial Wastes Associations.

“State” means the state of Washington.

“Storm sewer” means a sewer that carries storm water, surface water, and ground water drainage, but excludes wastewater and industrial wastes.

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

“Storm water runoff” means that portion of the rainfall that is not percolated or absorbed into the ground, flows along the surface, is collected and/or drained into the sewers, ditches or other such facilities.

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are removable by laboratory filtering.

“System” means all treatment facilities, collection lines, transmission lines, pumping plants, and appurtenances.

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

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

“Treatment plant effluent” means the discharge from the city wastewater treatment plant.

“Unpolluted water or liquids” means any water or liquid containing none of the following: free or emulsified grease or oil; acids or alkalies; substances that may impart taste and odor or color characteristics; toxic or poisonous substances in suspension, colloidal state, or solution; odorous or otherwise obnoxious gases. It shall contain not more than 30 parts per million each of suspended solids or biochemical oxygen demand. Analytical determinations shall be made in accordance with procedures set forth in Standard Methods.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of 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.

“User” or “industrial user” means any nondomestic source of wastewater discharged to the wastewater treatment plant. This excludes domestic users as defined herein.

Wastewater. See “Sewage.”

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

“Wastewater treatment plant” means the treatment plant owned and operated by the city. Included in this definition are any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastewater and any conveyances which convey wastes to the wastewater treatment plant.

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. [Ord. 867B, 2011.]

13.08.020 Abbreviations.

The following abbreviations shall have the designated meanings:

ANSI – American National Standards Institute;

ASPP – accidental spill prevention plan;

ASTM – American Society for Testing and Materials;

CFR – Code of Federal Regulations;

COD – chemical oxygen demand;

FOG – fats, oils, and grease (petroleum, mineral, animal and/or vegetable based);

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;

RCRA – Resource Conservation and Recovery Act (42 USC 6901 et seq.);

SWDA – Solid Waste Disposal Act (42 USC 6901 et seq.);

USC – United States Code.

Note: With regard to the abbreviations above, 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. [Ord. 867B, 2011.]

13.08.030 Use of public sewers required.

A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of said city, any human excrement, garbage, or other objectionable waste.

B. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable sanitary plumbing fixtures therein, and to connect such facilities directly with the proper sewer in accordance with the provisions of this chapter within 60 days after the date of receipt of a notice in writing issued by the public works director for connection to be made; providing, that said public sewer is within 200 feet of the building. Such notice will also be given when the owner is required to repair or completely replace the side sewer, such as during, but not limited to, a sewer rehabilitation project.

C. If any such connection or repair or replacement shall not have been made within the time provided, the public works director is hereby authorized and directed, at his discretion, to either:

1. Cause such connection to be made, in which case the public works department shall file a statement of the cost thereof with the community development director and thereupon a warrant shall be issued under the direction of the city council against the water-sewer utility fund for the payment of such costs. Such amount, together with interest of 12 percent per annum, shall be assessed against the property upon which the said building or structure is situated and shall become a lien thereon. Such lien may be enforced by termination of some or all of the utility services provided to the property or in any other manner authorized by law. Such total amount, when collected, shall be paid into said water-sewer utility fund.

2. Bill the owner the appropriate sewer service charges, such as are provided in this chapter, as if said connection had been made. Such charges shall include, but are not necessarily limited to, user charges and treatment plant reserve charges. Penalties for nonpayment of said charges shall be as stipulated by city ordinance.

Notice by the city shall be by personal service or certified mail, return receipt requested, directed to the owner of the property at the owner’s address as indicated by the records of the Lewis County assessor’s office.

3. Cause water service to the property to be terminated, if service is provided by the city water system. Notice to the owner and occupant shall be by certified mail, return receipt requested, with a copy to the Lewis County health department. Action will be taken 30 days after receipt of notice in the event of failure of other alternatives or high pollution potential.

D. Final decision on the alternative action to be selected by the public works director shall be based upon such factors as location of the unconnected or unacceptably connected building or structure; effectiveness of existing private treatment facilities, if present; ground water contamination potential and the health hazard or potential health hazard that may result, and the impact(s) or potential impact(s) that such problem may have on city services or rehabilitation programs. [Ord. 867B, 2011; Ord. 831B, 2007.]

13.08.040 Owner of building to install and connect toilet facilities.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city, and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter; provided, that such public sewer is within 200 feet of the property line. [Ord. 867B, 2011.]

13.08.050 Mandatory drain and sewer connections.

The public works director shall have the power in all cases, where there is a public sewer in any street or alley, to cause any owners of land upon or adjoining such street or alley, his agent or tenant, to make a sufficient drain and proper sewer connections from his or her premises, whenever in his opinion the same is necessary, and he shall thereupon give each owner, agent or tenant, or person occupying such premises, not less than five days’ notice in writing specifying the time when such drain or sewer connections must be completed, and if said owner, agent, or tenant neglects to complete the same within the time specified, and in addition to the penalties imposed for the violation of any of the provisions of this section, the public works director shall cause it to be done and shall recover the whole amount of the expense thereof by an action in the name of the city before any court having jurisdiction thereof, from said owners or persons occupying such premises, who shall be severally and jointly liable therefor. And the same shall constitute a lien on said premises and may be foreclosed as provided by law. [Ord. 867B, 2011.]

13.08.060 Private system – Allowed when.

Where a public sanitary sewer is not available under the provisions of CMC 13.08.040, Owner of building to install and connect toilet facilities, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of city ordinance. [Ord. 867B, 2011.]

13.08.070 Private system – Operation.

The owner shall operate and maintain the private wastewater disposal facilities in a manner consistent with the policies, regulations, and requirements of the Lewis County health department. [Ord. 867B, 2011.]

13.08.080 Private system – Abandonment.

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in CMC 13.08.050, Mandatory drain and sewer connections, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be abandoned and filled with suitable material as provided by city ordinance. [Ord. 867B, 2011.]

13.08.090 Application for connection.

A. Each premises shall have a separate sewer connection except where special conditions exist as delineated in this section. Any person desiring sewer service for any premises shall make application therefor at the public works department. The application shall be made on a printed form furnished by the city for that purpose.

B. Applicants for service outside the corporate limits of the city shall provide required information, comply with city annexation agreement requirements and sign an agreement stating that they will not oppose annexation of the area including the premises for which service is being applied.

C. All applicants that obtain or can obtain water from sources other than the municipal supply may be required to supply the public works department with an inorganic analysis of the water from such other source before application for sewer service will be approved. After the application has been approved by the public works director, the applicant shall pay to the city all the charges as required. When all service charges have been paid, the approved application shall constitute an agreement whereby the applicant agrees, as a condition for the continued sewer service, to conform to rules and regulations of the public works department as provided in this chapter and any amendment to this chapter, and the agreement stated in the application. The application for sewer service will contain an agreement requiring the person making the same to pay for the sewer service applied for at the rates and in the manner specified by city ordinances; reserving unto the city the right to charge and collect the rates and to enforce the penalties provided in city ordinances and to change the rates by ordinance at any time; allowing the city to temporarily discontinue the service at any time without notice to the customer and specifying that said agreement is subject to all provisions of this chapter or of any ordinance of the city relating to any public sewer system of the city. The agreement shall provide that the city shall not be responsible for any damage by sewage or other cause resulting from defective plumbing or appliances on the premises being supplied with sewer service, and shall provide that in the event the sewer service shall be interrupted or fail by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruption or failure nor such failures or interruptions for any reasonable period of time be held to constitute a breach of agreement on the part of the city or in any way relieve the customer from performing the obligations of his agreement. The city shall not be held liable for damage to personal property stored in the portion of the street between the curb and the property line nor to real property in said area resulting from leakage or the breaking of pipes or appliances maintained by the city within that portion of the street herein described. All agreements contained in the application shall take effect from the date the application is approved by the public works director. If for any reason the public works director does not approve the application, the public works director shall explain the reason for disapproval in writing at the request of the applicant, and no conditions or agreements shall be in effect. If the public works director disapproves the application, the applicant may request the city manager to review the application and reasons for disapproval. The city manager may, at his discretion, approve, reverse, or revise the decision of the public works director, subject to review by the city council. Service charges shall be in effect as long as the sewer service is in an active status.

D. Applicants for sewer service for industrial or commercial establishments shall be required to have an approved water meter installed if such meter is not already installed. Such meters shall be used by the city to determine sewer use charges.

E. Applicants desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the public works director a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged. [Ord. 867B, 2011.]

13.08.100 Side sewer responsibility.

A. All costs and expenses incident to the initial installation, connection, and operation and routine maintenance of a side sewer shall be borne by the owner of the premises served by the side sewer.

B. If a sewer main at the point to which the side sewer is connected is not located under a street surface, all costs and expenses incidental to the repair and rehabilitative maintenance and/or replacement of the entire side sewer shall be borne by the owner of the premises served by the side sewer.

C. If a side sewer is connected to the sewer main at a location under a street surface, all costs and expenses incident to the repair and rehabilitative maintenance and/or replacement of the portion of the side sewer from the sewer main to the street curb or, if there is no street curb, street shoulder under which the sewer main is located, shall be borne by the city.

D. Where a side sewer is connected to the sewer main at a location under a street surface, all costs and expenses incident to the repair and rehabilitative maintenance and/or replacement of the portion of the side sewer from the street curb or, if there is no street curb, the shoulder of the street under which the sewer main is located, to the building plumbing, even if the location of a portion of said side sewer incidentally crosses or is located under street surface(s), shall be borne by the owner of the premises served by the side sewer.

E. The owners of the premises served shall indemnify the city from any loss or damage that directly or indirectly may be occasioned by the installation of a side sewer. When the city is required to maintain that portion of a side sewer from a street curb or street shoulder to the building drain in order to protect the public sewer or whenever the city is required to maintain the portion of a side sewer from the street curb or street shoulder to the sewer main because of damage directly or indirectly caused by the owner of the premises served by a side sewer or caused by action or the omission of action by said owner, costs for such maintenance shall be charged to said owner. Any costs so charged and not paid within 30 days from the date of billing therefor shall constitute a lien against the property served by the side sewer.

F. For the purposes of this section, “routine maintenance” shall mean operational maintenance of a side sewer including, but not limited to, the cleaning or rodding to clear grease or other internal obstructions or substances that have been discharged or allowed to accumulate in the side sewer that may interfere with the operation of the side sewer. The term “rehabilitative maintenance” shall mean repair and major maintenance of a side sewer including, but not limited to, construction, reconstruction, or excavation to repair damage to a side sewer caused by external forces or failure of the pipe or pipe material. [Ord. 867B, 2011.]

13.08.110 Separate side sewer.

A separate and independent side 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 side sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Where, because of physical complications, the public works director finds that it may be necessary or beneficial to allow two adjacent buildings to connect to the public sewer through a common side sewer, such connection will be allowed; provided, that the common side sewer has a diameter of six inches or greater. Old side sewers may be used in connection with new buildings only when they are found, on examination or test by the public works director, to meet all requirements of this chapter. [Ord. 867B, 2011.]

13.08.120 Additional requirements.

No statement contained in this chapter shall be construed to interfere with any additional requirement that may be imposed by the DOE, the county health department, or other authorized regulatory agency. [Ord. 867B, 2011.]

13.08.130 Side sewer permit required.

No person shall uncover, make any connections with or opening into, use, alter, or disturb the public sewer or appurtenance thereof, or engage in the construction of a side sewer, either on private property or within public right-of-way, without first obtaining a side sewer permit from the public works department, in which the specific purpose shall be delineated. A side sewer permit will be required for each individual structure to be connected. Application for a side sewer permit, for the purpose of making connection to, or opening into, altering or disturbing the public sewer or appurtenance thereof, or engaging in the construction of a side sewer, shall be made by the owner of the property to be serviced, or a qualified plumbing contractor licensed and bonded by the State of Washington Department of Labor and Industries. No licensed plumbing contractor shall do any side sewer work under any other person’s side sewer permit, nor shall any unauthorized person do any side sewer work under a side sewer permit applied for and issued to a licensed plumbing contractor or the owner of the property where such side sewer work is to be performed except as may be otherwise authorized by the public works director. The issuance of a side sewer permit by the city shall not relieve the permit holder from the responsibility of obtaining other such permits or licenses as may be required by the city, the county, or other jurisdictions in which the side sewer is installed. Permit holders shall contact other utilities for location of their facilities before starting excavation. When a side sewer is to be installed across the private property of another person, the applicant requesting the side sewer permit must show proof that a duly executed easement has been obtained from other such property owner and officially recorded. [Ord. 867B, 2011.]

13.08.140 Sewer and side sewer construction.

All sewers and side sewers shall be constructed and installed in accordance with the provisions of the engineering development code as adopted by the city council. All work shall require approval and acceptance by the public works director. [Ord. 867B, 2011; Ord. 819B § 13, 2007.]

13.08.150 Side sewer pipe materials.

A. Pipes acceptable for side sewers shall be as follows:

1. Cast iron soil pipe – Federal Specification WWP-401;

2. Ductile pipe – ANSI A21.51 Thickness Class 51;

3. Polyvinyl chloride (PVC) – ASTM D3034 with SDR Equals 35.

B. The public works director shall consider any proposed sewer pipe other than those specifically set forth to determine its acceptability for use. Until a final determination allowing the use of such pipe has been made, no pipe other than those listed shall be used for side sewers to be connected to the sanitary sewer system of the city.

C. Whenever possible, sewers should be laid at least 10 feet horizontally from any existing or proposed water main. Should local conditions prevent a lateral separation of 10 feet, a sewer may be laid closer than 10 feet to a water main if the sewer is constructed of cast iron or ductile iron with watertight joints, and:

1. It is laid in a separate trench.

2. It is laid in the same trench with the water main located at one side on a bench of undisturbed earth.

3. In either case, the elevation of the crown of the sewer is at least 18 inches below the invert of the water main. [Ord. 867B, 2011.]

13.08.160 Side sewer pipe joints.

All joints and connections shall be gastight and watertight, as determined by the testing and inspection procedures outlined in this chapter. Plumbing joints for PVC pipe shall be rubber-gasketed type conforming to ASTM D3212. Joints for ductile iron pipe shall be push-on type or mechanical joint conforming to ANSI A21.11. Pipe and jointing shall be installed in accordance with the instructions furnished by the pipe manufacturer and approved by the public works director. Other jointing materials and methods may be used only with the approval of the public works director. [Ord. 867B, 2011.]

13.08.170 Side sewer fittings and cleanouts.

A. The side sewer shall be laid at uniform grade and in straight horizontal alignment insofar as possible. Changes in horizontal alignment shall be made only with wye branches, bends, or a combination of wye branch and bend. All changes of horizontal alignment 45 degrees or greater shall be made with a wye branch and bends as required, with the straight through opening plugged for use as a cleanout. No 90-degree bend shall be allowed. Two bends may be allowed between cleanouts, provided the distance between cleanouts does not exceed 20 feet. A cleanout shall be installed between 30 inches and 36 inches of all buildings unless written permission to omit or change the location of such cleanout has been obtained from the public works director. Additional cleanouts, including those used for commercial and industrial properties, shall be installed in locations designated by the public works director, but in no case shall the distance between cleanouts exceed 100 feet. Suitable frames and covers of a type designated by the public works director shall be used for all cleanouts on commercial or industrial property and in paved areas, and such frames shall be cast in a concrete block 30 inches by 30 inches by eight inches flush with the final paving. All cleanouts not in paved areas shall extend to within 18 inches of the ground surface. All cleanouts shall be plugged with plugs, using the standard compression joint of the pipe being used, to prevent entry of dirt, roots, ground water or surface water, and shall be secured against back pressure.

B. A test tee shall be provided at the point of connection to the public sewer and at any other required point or points to ensure that all portions of the side sewers can be tested. It shall be the responsibility of the permit holder to install all risers, cleanouts, casting, concrete blocks, etc., required before the side sewer will be approved by the city. [Ord. 867B, 2011.]

13.08.180 Connections to public sewer.

The connection of the side sewer into the public sewer shall be made at a wye or tee branch, if such a branch is available in a suitable location. Connections at other than an existing wye or tee shall be made only by a qualified plumbing contractor that is licensed and bonded, and has been approved by the public works director, and all cost for such connections shall be the responsibility of the permit holder or owner. If the joint type or dimensions of wye or tee in the public sewer are different than that of the side sewer pipe, a transition adaptor approved by the public works director shall be used to connect the side sewer to the wye or tee. If a suitable transition is not obtainable, the method of making the connection shall be approved by the public works director. Connection to the building drain pipe shall be made by means of a flexible clamp-type coupling or other approved methods. The first length of pipe installed at the wye or tee shall not be more than two feet long. [Ord. 867B, 2011.]

13.08.190 Size of side sewer pipe.

Side sewers shall be no less than four inches in diameter. If more than one occupied building is attached to the same side sewer or building sewer as allowed in CMC 13.08.110, Separate side sewer, the diameter of the side sewer shall not be less than six inches. Side sewers to multiple structures, commercial establishments, or industrial buildings shall not be less than six inches in diameter. Where the possibility exists for additional connections to be made to a side sewer, the public works director may require that the side sewer be eight inches in diameter or larger. [Ord. 867B, 2011.]

13.08.200 Slope of side sewer.

All side sewers shall be laid on a uniform slope of not less than one-fourth inch per foot, wherever possible. Where it is impossible or impractical to obtain a one-fourth-inch-per-foot slope due to the depth of the public sewer or to the structural features or arrangements of the building, a lesser slope is permissible, when approved by the public works director. [Ord. 867B, 2011.]

13.08.210 Mechanical lifting devices required.

A. In any building, structure, or premises in which the elevation of plumbing fixtures is too low to permit gravity flow to the public sewer or to achieve the minimum slope requirement, the sewage shall be lifted and discharged to the public sewer by approved ejectors, pumps, or other equally efficient, approved mechanical devices.

B. When only the lower floor(s) of a structure is too low for gravity flow, the remaining floors must flow by gravity. The discharge line from said ejectors, pumps, or other mechanical devices shall be provided with an accessible backwater valve and gate valve; the discharge line shall connect to the gravity side sewer at the crown of the side sewer through a wye fitting. When, in the opinion of the public works director, there is a possibility of backup in the side sewer from head pressure in the public sewer, minimum elevations may be prescribed by which gravity flow may be obtained and flow from any building drain lower than that prescribed by the public works director for protection against flooding, a backwater valve shall be installed at the owner’s expense. Effective operation of any backwater valve and/or any mechanical device to lift sewage and wastes shall be the responsibility of the owner or operator of the building.

C. The city shall not be held liable for any damage or injury sustained from installation or operation of said backwater valve and/or mechanical lifting device.

D. All pump or mechanical lifting device installations must meet all pertinent building and plumbing codes, and must be approved by the public works director before installation. [Ord. 867B, 2011.]

13.08.220 Excavation.

A. All excavation required for the installation of a side sewer shall be open trench work unless otherwise approved by the public works director. The permit holder, before beginning excavation in a public area, shall have at the site sufficient barricades to properly protect the work. The barricades shall meet the requirements as listed in the Manual of Uniform Traffic Control Devices.

B. The permit holder shall comply with any additional city, county, state, or other jurisdictional laws, ordinances, and regulations relating to the safety and protection of the excavation. [Ord. 867B, 2011.]

13.08.230 Laying of pipe.

When unsuitable bedding is found, as determined by the public works director, the side sewer trench shall be over-excavated and a bedding of sand or fine gravel a minimum of four inches deep shall be prepared. Gravel shall be three-quarter-inch maximum size. If the trench is unintentionally over-excavated, the bottom shall be brought up to proper grade using this same bedding material. All pipe shall be laid true to grade with the bell upgrade. Pipe shall be cradled in the prepared trench bottom. The bottom of the trench shall be smooth and free from large rocks that could injure the side sewer pipe. [Ord. 867B, 2011.]

13.08.240 Testing.

A. It shall be the duty of the person installing the side sewer as authorized by the permit to notify the public works director orally or in writing that said side sewer is ready for inspection. A minimum of 48 hours is required after said notification before actual inspection may take place. No inspection will be made on Saturday, Sunday, or holidays, or between the hours of 4:00 p.m. and 8:30 a.m.

B. Side sewers shall be tested for their entire length from the public sewer by testing for visible leakage before backfilling by inserting a removable plumber’s plug at the connection of the side sewer to the public sewer and filling the line with water to a level of at least one foot above the top of the side sewer at its connection with the building drain. A test tee or tees as required in CMC 13.08.170, Side sewer fittings and cleanouts, shall be used for insertion of plug and shall be secured against back pressure upon completion of the test. A special fitting, provided by the permit holder, shall be inserted into the cleanout fitting at the connection to the building drain to provide a short standpipe to obtain a one-foot head at that point. The side sewer pipe shall be filled with water at least one hour before actual inspection, during which time it will be presumed that full absorption of the pipe body has taken place. The permit holder or the licensed plumbing contractor must be present at the job during the full duration of the inspection.

C. The rate of leakage in the building sewer shall not exceed the following amounts when measured by exfiltration:

1. Four-inch pipe – 0.015 gal./hr./lineal foot of side sewer;

2. Six-inch pipe – 0.02 gal./hr./lineal foot of side sewer. [Ord. 867B, 2011.]

13.08.250 Side sewer inspection.

A. It shall be the duty of the holder of a permit to make sure that the work will pass inspection. If an additional inspection is necessary due to test failure, a charge of $15.00 shall be made for each additional inspection.

B. Notices of correction or violations shall be written by the public works director and may be posted at the site of the work or mailed or delivered to the permittee or his authorized representative. Refusal, failure, or neglect to comply with any such notice or order within 10 days after receipt thereof shall be considered a violation of this chapter and shall be subject to the penalties for violations set forth elsewhere in this chapter. [Ord. 867B, 2011.]

13.08.260 Backfilling.

A. No backfill shall be placed over side sewer pipe until the work has been inspected and approved by the public works director. Any portion of the side sewer covered before inspection shall be uncovered by the owner at his own expense within two days after notice to do so has been issued by the public works director.

B. Trenches shall be carefully backfilled by tamping to a depth of six inches above the pipe to avoid damaging the pipe. All backfill between the public sewer and the property line shall be of material approved by the public works director, and be water-settled or mechanically tamped in six-inch layers to minimize settlement. Any settlement that occurs within 12 months after backfilling shall be corrected at the expense of the permit holder. Additional fill and surfacing materials as approved by the public works director shall be placed to restore the settled area to original grade.

C. A minimum of six inches of gravel surfacing shall be temporarily placed in the public right-of-way or traveled areas in commercial properties. Final surfacing equivalent to the adjoining undisturbed roadway shall not be placed until such time as, in the opinion of the public works director, final settlement has taken place.

D. All pipe installations shall be bedded and backfilled to conform to the pipe manufacturer’s specification and in accordance with American Public Works Association Standard Specifications.

E. Minimum cover for side sewer shall be 18 inches, except as hereafter provided:

1. Minimum cover for side sewers at the property line shall be four feet below the crest of the public way at said property line.

2. Minimum cover for side sewers crossing a ditch in the public way shall be two feet six inches.

F. Minimum cover restrictions shall not apply when the depth of the public sewer does not allow the minimum cover restrictions to be followed, providing that approval of the public works director has been obtained. [Ord. 867B, 2011.]

13.08.270 Certain water not to be discharged into sewer.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process waters to any sanitary sewer. [Ord. 867B, 2011.]

13.08.280 Discharge of unpolluted drainage.

A. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the public works director.

B. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the public works director, to a storm sewer or natural outlet. [Ord. 867B, 2011.]

13.08.290 Public sewer prohibitions and limitations.

Except as hereinafter provided, no person shall discharge or cause to be discharged into the public sewers:

A. Any solids, liquids, or gases which may, by themselves or by interaction with other substances, cause fire or explosive hazards or in any way be injurious to persons, property, or the operation of the wastewater disposal works.

B. Any noxious or malodorous solids, liquids, or gases which either singularly or by interaction with other substances are capable of creating a public nuisance or hazard to life or preventing entry into sewers for maintenance or repair.

C. Any solids, gases, waxes, slurries, or viscous material of such caliber or in such quantity that, in the opinion of the public works director, may cause an obstruction to the flow in the sewer, or otherwise interfere with the proper functioning of the wastewater disposal works.

D. Any toxic substances, chemical elements, or compounds in quantity sufficient to impair the operation and efficiency of the wastewater disposal works, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the wastewater treatment plant.

E. Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage and hazard to structures, equipment, and personnel of the wastewater disposal works.

F. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.

G. Any gasoline, benzine, naphtha, fuel, oil, or other flammable or explosive liquid, solid, or gas.

H. Any garbage that has not been properly ground or treated.

I. Any ash, cinders, silt, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair or any other solid capable of causing obstruction to the flow in sewers or other interferences with proper operation of the wastewater works.

J. Any waters or wastes having a BOD or containing suspended solids of such character and quality that unusual attention or expense is required to handle such materials at the wastewater treatment plant.

K. Any waters or wastes which contain in excess of 100 milligrams per liter of fat waste, oil, or grease, whether or not emulsified, ether-soluble matter or any substance which may solidify or become viscous at temperatures above 32 degrees Fahrenheit.

L. Wastes containing metals or substances with concentrations or mass totals greater than those listed in CMC 13.08.310, Industrial pretreatment requirements. [Ord. 867B, 2011.]

13.08.300 Admission into public sewers – Approval.

Review and acceptance of the public works director shall be obtained prior to the discharge into public sewers of any waters or wastes having or containing:

A. A total of more than 30 pounds of suspended solids in any one day;

B. A total of more than 30 pounds of BOD in any one day;

C. A five-day biochemical oxygen demand greater than 300 parts per million by weight;

D. More than 350 parts per million by weight of suspended solids;

E. Any quantity of substances that have characteristics that are prohibited from discharge in accordance with any of the sections of this chapter;

F. An average daily flow greater than two percent of the normal daily dry weather sewage flow as determined by the engineer;

G. Wastes containing metals or substances with concentrations or mass totals greater than those listed in CMC 13.08.310, Industrial pretreatment requirements, if approval for discharge from the DOE has been given. [Ord. 867B, 2011.]

13.08.310 Industrial pretreatment requirements.

A. Intent. The intent of this section is to set forth uniform requirements for users of the city wastewater treatment plant. It shall enable the city to comply with state and federal laws that apply to wastewater treatment plants with SIUs, but without a discharge permit program. All actions required or authorities granted under this chapter are in accordance with the Clean Water Act (33 USC 1251 et seq.), the Federal Pretreatment Regulations (40 CFR Part 403), and Chapter 90.48 RCW, Water Pollution Control. This section shall apply to all users of the wastewater treatment plant. The chapter defines certain prohibited discharges; sets forth local limits for use by 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 recovery of liquidated damages and collection of penalties.

B. Administration. Except as otherwise provided herein, the public works director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the public works director may be delegated by the public works director to other city personnel.

C. Prohibited Discharge Standards.

1. General Prohibitions. No user shall introduce or cause to be introduced into the wastewater treatment plant any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the wastewater treatment plant whether or not they are subject to categorical pretreatment standards or any other national, 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 wastewater treatment plant the following pollutants in any form (solid, liquid, or gaseous):

a. Any pollutant which either alone or by interaction may create a fire or explosive hazard in the wastewater treatment plant, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) 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)). This includes waste streams sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. At no time shall a waste stream cause two successive readings on an explosion meter to be more than five percent nor any single reading over 10 percent of the LEL of the meter at any point in the collection system or treatment works.

b. Any pollutant which will cause corrosive structural damage to the wastewater treatment plant, but in no case discharges with a pH less than 5.0 or more than 11.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the wastewater treatment plant, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by an applicable wastewater discharge permit (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv)).

c. Any solid or viscous substances including fats, oils, and greases in amounts which may cause obstruction to the flow in a wastewater treatment plant or other interference with the operation of the wastewater treatment plant (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 wastewater treatment plant (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 of the influent to the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius) unless the system is specifically designed to accommodate such a discharge, and the discharge is authorized by an applicable wastewater discharge permit (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 wastewater treatment plant in a quantity that may cause acute worker health and safety problems (40 CFR 403.5(b)(7) and WAC 173-216-060(b)(ii)).

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 DOE under extraordinary circumstances such as the lack of direct discharge alternatives due to 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 volumes;

ii. Storm water, and other direct inflow sources; or

iii. Wastewaters significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by the wastewater treatment plant.

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 wastewater treatment plant to violate its NPDES, state waste discharge 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 wastewater treatment plant’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or would interfere with the reclamation process or cause the wastewater treatment plant 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 discharge which imparts color which cannot be removed by the wastewater treatment plant’s treatment process such as dye wastes and vegetable tanning solutions, which consequently impart 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 in the receiving waters by more than 10 percent from the seasonably established norm for aquatic life.

o. Any discharge containing radioactive wastes or isotopes except as specifically approved by the public works director in compliance with applicable state or federal regulations including WAC 246-221-190, Disposal by Release into Sanitary Sewerage Systems; and meeting the concentration limits of WAC 246-221-290, Appendix A, Table I, Column 2; and WAC 246-221-300, Appendix B.

p. Any sludges, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes.

q. Any medical wastes, except as specifically authorized by the public works director.

r. Any detergents, surface-active agents, or other substances in amounts which may cause excessive foaming in the wastewater treatment plant.

s. Any incompatible substance such as: grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, 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.

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

u. Any wastewater which, in the opinion of the public works director, 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 a legal and binding agreement by the public works director (except that no waiver may be given to any categorical pretreatment standard).

3. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the wastewater treatment plant.

D. 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 users in the regulated industrial categories. These standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 – 471, are hereby incorporated by reference.

E. State Requirements.

1. State requirements and limitations on discharges to the wastewater treatment plant as incorporated into Washington State law by Chapter 90.48 RCW and implemented in Chapters 173-201A, 173-216 and 173-240 WAC shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable ordinances. This includes the requirement to meet AKART as defined herein whenever applicable and more stringent than the limits of subsection (F) of this section, Local Limits, and to comply with the requirements of subsection (Q) of this section, Wastewater Discharge Permitting – Requirements for Discharge.

2. Any user determined by the city to qualify as an SIU shall file an application for a State Waste Discharge Permit with the DOE 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 the DOE may be considered sufficient grounds to terminate or refuse to provide sewer service.

F. Local Limits.

1. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following daily maximum allowable discharge concentration limits. These limits apply to the total in all states and forms.


Metals:
Arsenic	0.23 mg/L
Cadmium	0.15 mg/L
Chromium	2.0 mg/L
Copper	0.25 mg/L
Cyanide	1.4 mg/L
Lead	0.14 mg/L
Mercury	0.0003 mg/L
Nickel	1.8 mg/L
Selenium	0.2 mg/L
Silver	0.16 mg/L
Zinc	1.4 mg/L


Other Pollutants:
FOG	100 mg/L
BOD	300 mg/L
TSS	300 mg/L

2. The above limits apply at the point where the wastewater is discharged to the city-owned sewer system or sewer collection system (end of the pipe). All concentrations for metallic substances are for “total” metal unless indicated otherwise. The DOE may impose mass limitations in addition to or in place of the concentration-based limitations above. 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 standard shall apply.

3. Based on the above-listed pollutant limits, the equivalent total mass of each pollutant which the wastewater treatment plant can accept per 40,000 gallons of wastewater flow discharged from industrial users to the wastewater treatment plant is established as listed below. These total mass limits apply to the total in all states and forms.


Arsenic	35 grams/day
Cadmium	22.6 grams/day
Chromium	302 grams/day
Copper	37 grams/day
Cyanide	212 grams/day
Lead	21 grams/day
Mercury	0.05 grams/day
Nickel	271 grams/day
Selenium	30 grams/day
Silver	23 grams/day
Zinc	212 grams/day

4. The above pollutant limits shall immediately apply to all users discharging wastewater to the wastewater treatment plant and sewer system with the following exceptions:

a. Users discharging under permit prior to the implementation of this chapter shall be allowed a period up to five years to achieve compliance with the conditions of this chapter under the following conditions:

i. The user submits a schedule of compliance which will achieve compliance with this chapter within five years of the effective date of the ordinance codified in this chapter.

ii. The city determines it is in the best interest of the community to authorize the discharge, and the discharge will not adversely impact the wastewater treatment plant, cause a violation of the city’s NPDES permit, or any other federal, state, or local regulation.

iii. The user is currently providing AKART as determined by the DOE, or the schedule of compliance achieves AKART in the shortest reasonable length of time as an interim step in achieving full compliance.

iv. The city and the DOE approve the compliance schedule in writing.

b. Users may be given credit to discharge additional pollutant loadings in exchange for removing an equal or greater amount of the same pollutant from other sources which discharge to the wastewater treatment plant and sewer system. These “pollutant credits” must be of such a nature that the amount of pollutants removed from the waste streams of other sources can be quantified and verified. The city may add these pollutant credits to the maximum pollutant mass or concentration loadings permitted without violating this chapter.

c. Users which are determined by the city to have no potential, either alone or in conjunction with other users, to violate any prohibited discharge standard (see subsection (C) of this section, Prohibited Discharge Standards) may be exempt from compliance with specific pollutant concentration limits. In such cases, these users will be subject only to implementing best management practices as determined by the city or the DOE. Such users cannot be SIUs or subject to categorical pretreatment standards or requirements. In such cases, the user shall be designated as an insignificant industrial user (IIU), and shall be listed as such in the city’s annual industrial user (IU) survey update.

These exceptions shall be immediately void if the discharge causes a violation of the city’s NPDES permit, or any other federal, state, or local regulation, or if compliance with any compliance schedule milestone is not achieved within 30 days of the established date, or if any compliance schedule extends beyond five years from the effective date of the ordinance codified in this chapter. In such cases, the user shall be immediately responsible for compliance with the local limits in subsections (F)(1) and (F)(3) of this section.

G. City’s Right of Revision.

1. The city reserves the right to establish more stringent standards or requirements on discharges to the wastewater treatment plant.

2. The city shall investigate any occurrence of pass through or interference of which it is made aware. Where pass through or interference has been caused because local limits do not exist for the pollutant, or where the existing limit is not sufficient to protect the wastewater treatment plant, the city shall amend the local limits to establish an appropriately restrictive limit and take such other measures, within its control and power, that are necessary to prevent recurrences.

H. DOE’s Approval Required to Revise Local Limits. The city shall obtain the DOE’s approval prior to revising local limits or before authorizing over 40,000 GPD of flow from industrial dischargers.

I. Special Agreement.

1. The city may enter into agreements with users to accept pollutants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Users with BOD or TSS levels higher than 300 mg/L must have such an agreement before commencing discharge. Within such agreements, the city may establish terms of the user’s discharge to the wastewater treatment plant, including 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.

2. Users discharging or intending to discharge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the public works director that such pollutants are compatible with the wastewater treatment plant. The director may require any claim of compatibility to be endorsed by the DOE.

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

4. The city may specifically arrange to act as an agent of the DOE to determine compliance with treatment or disposal requirements and inspect on-site disposal activities and shipping documents.

5. The city may facilitate compliance by arranging or providing pollution prevention technical assistance for users, especially those in violation of pretreatment standards. The director intends to provide such assistance in coordination and cooperation with the appropriate local, county, and state authority(ies).

J. Dilution. No user shall ever increase the use of water, nor combine separate waste streams, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The public works director may request that the DOE impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.

K. Pretreatment Facilities.

1. Users shall procure and properly install, operate, and maintain the wastewater facilities which, combined with appropriate practices, are necessary to achieve AKART as defined herein. Such pretreatment facilities shall be designed to achieve compliance with all applicable pretreatment standards and requirements within the time limitations specified by the EPA or the state, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the DOE 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. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying its facility as necessary to produce a discharge acceptable to the city and/or the DOE and meet discharge limitations under the provisions of this chapter. Such facilities shall be provided, operated, and maintained at the user’s expense.

2. Users shall comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and shall modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. Users shall submit proposals to modify pretreatment facilities to the DOE before implementation in accordance with Chapter 173-240 WAC. Users shall submit a copy of such revised plans and the DOE’s acceptance to the public works director before implementing changes to approved pretreatment facilities. The public works director may audit the compliance of any user, and require changes in operating procedures deemed necessary by the public works director to ensure continued compliance with applicable pretreatment standards and requirements.

L. Deadline for Compliance with Applicable Pretreatment Requirements.

1. Except as it may relate to existing users for which temporary relief from local limits has been authorized and a schedule of compliance has been approved in accordance with subsection (F) of this section, Local Limits, existing sources to which one or more categorical pretreatment standards are applicable shall comply with all applicable standards within three years of the date the standard is effective unless the pretreatment standard includes a more stringent compliance schedule. The DOE shall establish a final compliance deadline date for any existing user (as defined herein) or any categorical user when the local limits for said user are more restrictive than the EPA’s categorical pretreatment standards.

2. New sources and new users as defined herein shall comply with applicable pretreatment standards within the shortest feasible time. In no case shall such time exceed 90 days from beginning a discharge. Prior to commencing discharge, such users shall have all pollution control equipment required to meet applicable pretreatment standards installed and in proper operation.

M. Additional Pretreatment Measures.

1. Whenever deemed necessary, the public works director may require users to comply with such conditions as may be necessary to protect the wastewater treatment plant and determine the user’s compliance with the requirements of this chapter. Such measures may include: restricting a discharge during peak flow periods; designating that certain wastewater be discharged only into specific sewers; requiring relocation and/or consolidation of discharge points; and/or separating sewage waste streams from industrial waste streams.

2. Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of wastewater containing grease and oil in excess of the limits in subsection (F) of this section, Local Limits, or excessive amounts of sand or other settleable solids. Such interceptors shall not be required for domestic users. All interceptors shall be of a type and capacity approved by the public works director and shall be located to be easily accessible for cleaning and inspection. Each user shall maintain, inspect, and clean required interceptors on a schedule that ensures they capture the intended pollutants, and prevents their reintroduction into the storm or sanitary sewer systems. Users shall bear all expenses related to installation, maintenance, and repair of interceptors, and the proper disposal of removed materials.

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

4. The public works director may require a user discharging more than 10,000 gallons per day or 10 percent of the average daily flow in the wastewater treatment plant, whichever is less, to install and maintain, on its property and at its 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 wastewater discharge volume and shall be equipped with alarms and a rate of discharge controller. The public works director shall direct the control of discharges. The city may require the user to obtain a wastewater discharge permit solely for flow equalization, or to develop a slug discharge control plan (below).

N. Accidental Spill/Slug Discharge Control Plans.

1. The public works director may require any user to install, properly operate, and maintain, at its own expense, facilities to prevent slug loads or accidental discharges of pollutants to the wastewater treatment plant. The public works director may require users to produce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and DOE regulations applicable to discharges to wastewater treatment plants. When such plans are required by the public works director, they shall contain at least the following elements:

a. A description of all wastewater discharge practices, including nonroutine batch discharges;

b. A description of any and all stored chemicals;

c. Procedures for immediately notifying the public works director of any accidental or slug load discharges, with procedures for 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 chemical storage areas; handling and transfer of materials; loading and unloading operations; control of runoff; worker training; construction of containment structures or equipment; and measures for emergency response.

2. Users shall verbally notify the public works director immediately upon the occurrence of a slug load or accidental discharge of substances regulated by this chapter and take immediate actions to correct the situation. Such notification shall include the following information:

a. The location of discharge;

b. The date and time thereof;

c. The type of waste;

d. The waste concentration and volume; and

e. The corrective actions taken and planned. The user shall follow up with a written notification to the public works director containing the same information within seven days following the 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 wastewater treatment plant;

b. Recovery of any fines or settlements levied upon the city by any government agency or court of competent jurisdiction attributable to the discharge; and

c. Applicable fines and penalties assessed upon the user by the city for noncompliance with this chapter.

O. Septage and Liquid Hauled Wastes.

1. Unless specifically approved by the public works director, no septage and liquid hauled wastes shall be introduced into the wastewater treatment plant. If such approval has been given, septage and liquid hauled wastes shall be allowed to be discharged only at such times as are established by the public works director and under the terms and/or conditions established by the public works director.

2. If allowed to be discharged, septage shall not violate any discharge prohibition or standard of this chapter or any other requirements established or adopted by the city. The public works director may issue wastewater discharge permits for individual vehicles to use such facilities.

3. Prior to discharging any septage and liquid waste for which approval has been given, septage and liquid waste haulers must provide the public works director with a waste-tracking form for every load when discharged. This form shall include, at a minimum, the name and address of the waste hauler, city septage permit number, truck identification, addresses of the sources of waste, and volume and characteristics of waste.

4. Haulers of liquid wastes other than septage shall provide full disclosure to the public works director of the source(s) of the wastewater, and such additional information as required by the public works director to characterize the wastewater. The public works director may issue an authorization on his/her own authority, or require haulers of nondomestic wastewater to obtain a waste discharge permit prior to authorizing the discharge. No authorization to discharge such wastewater shall be granted until the public works director has determined to his satisfaction that the wastewater complies with all applicable discharge standards, prohibitions, and requirements of this chapter.

5. The public works director shall exercise absolute discretion in whether to accept any load of septage or liquid hauled wastes. In determining whether to accept a load, the public works director may collect samples of each hauled load and/or require the hauler to provide a wastewater analysis of any load prior to discharge.

P. Requirements to Complete Industrial User Surveys. The public works director 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 public works director 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.

Q. Wastewater Discharge Permitting – Requirements for Discharge.

1. No SIU shall discharge wastewater into the wastewater treatment plant without first obtaining a statement from the public works director that the wastewater treatment plant has the hydraulic and/or loading capacity to accept the discharge. Each SIU must also comply with the state requirements listed in subsection (E) of this section, State Requirements, and in particular apply for and receive a wastewater discharge permit from the DOE which authorizes the discharge. The public works director may require proof of application as a condition of new or continued discharge. Obtaining a wastewater discharge permit does not relieve an SIU of his obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local regulation including the requirement for applying AKART.

2. The public works director may require other users, including liquid waste haulers, to apply for, and obtain, applicable wastewater discharge permits as necessary to carry out the purposes of this chapter.

3. The public works director may also establish, and require users by letter, permit, or rule to implement those best management practices determined by the public works director to be representative of AKART, or to discontinue use of any substance for which an effective substitute is available which will either:

a. Lessen the potential for violating this chapter or any water quality standard; or

b. May represent a significant decrease either singly, or in combination with other similar users, in the toxicity of pollutant loadings to the wastewater treatment plant.

4. The city may require users seeking authorization to discharge to the wastewater treatment plant to complete a pollution prevention review before submitting their request to discharge to the public works director. The city may also require users who must submit a pollution prevention plan under the state’s Hazardous Waste Reduction Act to provide this plan to the public works director as a condition of initial or continued discharge.

5. Whenever a moratorium has been imposed upon the wastewater treatment plant preventing the addition of new users, the public works director may require any or all users of the wastewater treatment plant to develop plans to reduce their discharges through water reuse, recycling, reclamation, or other applicable management practices, and to implement such plans or other measures deemed appropriate by the public works director to preserve the availability of public sewage treatment services.

R. Permit Requirements for Dangerous Waste Constituents.

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

a. Obtain a written authorization to discharge the waste from the public works director, and either obtain specific authorization to discharge the waste in a state waste discharge permit issued by the DOE or accurately describe the waste stream in a temporary permit obtained pursuant to RCW 90.48.165. The description shall include at least:

i. The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dangerous waste number;

ii. The mass of each constituent expected to be discharged;

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

b. Compliance shall be obtained on the following schedule:

i. Before discharge for new users;

ii. Within 30 days after becoming aware of a discharge of dangerous wastes to the wastewater treatment plant for existing users; and

iii. 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.

S. Disclosure of Records. Each user shall have available at the location of discharge all records and reports required by this chapter, any applicable state and federal regulation, or any permit or order issued thereunder. Each user shall make such records available for review by the public works director during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of this chapter.

T. Reports from Unpermitted Users. All users not obligated to obtain a wastewater discharge permit from the DOE shall provide appropriate reports to the city as the public works director may require. The public works director shall determine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported.

U. Reporting Requirements for Dangerous Waste Constituents. Any user discharging 100 kg or more of dangerous waste in any calendar month to the wastewater treatment plant where the pollutants are not reported through self-monitoring under an applicable state waste discharge permit shall report to the public works director and the DOE 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); and

5. The estimated mass of dangerous waste constituents in waste streams expected to be discharged in the next 12 months.

V. Record Keeping.

1. Users subject to this chapter shall retain, and make readily available for inspection and copying, all records of information maintained to comply with this chapter, a state waste discharge permit, or approved operations and maintenance procedures (inspections, lubrication, repair, etc.). Users subject to monitoring requirements shall keep records of all monitoring activities whether required or voluntary.

2. Monitoring records shall include: the date, exact place, method, and time of sampling; 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.

3. 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 wastewater treatment plant, or where the public works director has specifically notified the user that a longer retention period is required.

W. Sampling Requirements for Users.

1. Applicable Requirements. Users which discharge to the wastewater treatment plant shall abide by all applicable wastewater monitoring requirements of this chapter, any applicable order, and any state or federal regulation or permit, including a state waste discharge or NPDES permit. The public works director may require self-monitoring as a requirement of discharge to the wastewater treatment plant, or may conduct city monitoring of any discharge to the wastewater treatment plant.

2. Categorical User Sampling Requirements. Categorical users with combined discharges shall measure flows and pollutant concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e). Where feasible, such users shall sample immediately downstream from any pretreatment facilities, unless the DOE 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 pollutant concentrations necessary to evaluate compliance with pretreatment standards and requirements.

4. Data Required. Users which analyze wastewater samples shall record and report with the sampling results the information required by subsection (V) of this section, Record Keeping. All required reports shall also certify that the samples are representative of normal work cycles and wastewater discharges from the user. Whenever a user analyzes wastewater samples for any regulated pollutant more frequently than required, using methodologies in 40 CFR Part 136, the results of such analyses shall be submitted with the next required wastewater discharge report. Reports containing incomplete information shall not demonstrate compliance with this chapter, or a wastewater discharge permit.

X. Analytical Requirements. Users shall ensure that all wastewater analyses required to be reported with the exception of flow, temperature, settleable solids, conductivity, and pH shall be performed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC. 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 applicable sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by the EPA or DOE.

Y. Upset.

1. Users shall control production or all discharges to the extent necessary to maintain compliance with applicable pretreatment standards and requirements upon reduction, loss, or failure of its wastewater treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

2. A user who wishes to establish the affirmative defense of upset to an enforcement 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 workmanlike manner and in compliance with applicable operation and maintenance procedures; and

c. The user has submitted the following information to the wastewater treatment plant and the public works director within 24 hours of becoming aware of the upset. If this information is provided orally, the user must submit a written report within five days containing this same information:

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.

Z. 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 wastewater treatment operations. These bypasses are not subject to the provisions of subsections (Z)(2) and (Z)(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 wastewater treatment plant at least 10 days before the date of the bypass, if possible.

b. A user shall give verbal notification to the public works director 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 public works director 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; the anticipated time when any ongoing bypass is expected to be halted; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The public works director may waive the written report if the verbal notification has been received within 24 hours.

3. Exceptions. Bypass is prohibited, and the wastewater treatment plant may take an enforcement action against a user for a bypass, unless:

a. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated or inadequately treated wastewaters, 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 preventive maintenance; and

c. The user submitted notices as required in subsection (Z)(2) of this section.

4. The public works director may approve an anticipated bypass, after considering its adverse effects, if he determines that it will meet the three conditions listed in this subsection (Z). [Ord. 867B, 2011.]

13.08.320 Preliminary treatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. [Ord. 867B, 2011.]

13.08.330 Industrial waste sewer service.

A. Each person discharging industrial wastes into a public sanitary sewer with a daily total in excess of 30 pounds of either ammonia, BOD, or suspended solids may, at his option, or shall, when directed by the public works director, construct and maintain approved measurement, sampling, and sample storage facilities for all waste entering the sanitary sewer. These facilities may be used to obtain flow, BOD, and suspended solids data for use as a basis for an industrial waste sewer service charge.

B. In lieu of directing the construction of measurement sampling and sample storage facilities, the public works director may direct each person discharging industrial wastes into a public sanitary sewer which has a daily total in excess of 200 pounds of either BOD or suspended solids to procure at the person’s expense and in a manner approved by the public works director sufficient composite samples on which to base and compute the person’s industrial waste sewer service charge. In the event that automatic flow measurement, sampling, and sample storage facilities are not provided, the industrial waste charge shall be computed using the metered water flow to the premises as a basis for waste flow and the laboratory analysis of samples procured as directed by the public works director as a basis for waste flow and the laboratory analysis of samples procured as directed by the public works director as a basis for computing BOD and suspended solids content of the wastes. Metered water flow shall include all water delivered to or used on the premises and which is discharged to a public sanitary sewer. In the event that private water supplies are used, they shall be metered at the person’s expense. Cooling waters or water not discharged to a public sanitary sewer shall be separately metered at the person’s expense and in a manner approved by the public works director prior to allowing deduction of such flow from the total water used on the premises in computing the industrial waste sewer service charge.

C. Persons discharging industrial wastes into a public sanitary sewer with a daily total of 200 pounds or less of either BOD or suspended solids may install measurement and sampling facilities for the purpose of receiving an industrial waste sewer service charge based on quantity and strength of the waste, or may elect to have their sewer charge based on the commercial sewer rate.

D. The city may determine, by at least three composite waste samples during a year, if a waste discharged to the sanitary sewers, based on either BOD or suspended solids, exceeds 200 pounds per day. If three consecutive measurements by the city indicate that the 200-pound-per-day rate is being exceeded, then the waste will be considered to be an industrial waste. [Ord. 867B, 2011.]

13.08.340 Flow measurement and sampling facilities requirements.

A. If so directed by the public works director, all devices, access facilities, and related equipment shall be installed by the person discharging the waste, at his expense, in proper operating condition at all times, and readily accessible to city forces during the operating day.

B. The flow measurement device can be a Parshall flume, weir, venturi, nozzle, magnetic flowmeter, or any other type of device providing accurate and continuous flow indication. Pump timers or other indirect measurement devices will not be acceptable.

C. The flowmeter shall be suitable for indicating and totalizing the flow in millions of gallons per day through the device, explained prior, with an error not exceeding plus or minus five percent. The instrument shall be equipped with a set of electrical contacts arranged to momentarily close a circuit to energize a process timer and sampling device for every size quantity of flow. This quantity should be selected so as to ensure a minimum of 50 samples per operating day. Other control variations will be acceptable if it can be demonstrated that the sampling procedure will result in a waste sample which is proportional to the waste flow. The length of operation of the sampling device shall be dependent on the type of sampling arrangement used, but in no case shall the daily collected sample be less than two quarts in volume.

D. The flow measurement and sampling station shall be located and constructed in a manner acceptable to the city. Complete plans on all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the city for approval prior to construction.

E. The person discharging the waste shall keep flow records as required by the city and shall provide qualified personnel to properly maintain and operate the facilities. [Ord. 867B, 2011.]

13.08.350 Owner to install manhole.

Where required by the public works director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in each building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the public works director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. [Ord. 867B, 2011.]

13.08.360 Measurements, tests, and analyses.

All measurements, tests, and analyses of the characteristics of waters and wastes shall be determined at the control manhole provided for in CMC 13.08.350, Owner to install manhole, or upon suitable samples taken at said control manhole. All BOD and suspended solids tests shall be made on composite samples collected proportionate to the rate of flow and over a complete operating period. [Ord. 867B, 2011.]

13.08.370 Analysis of waste samples.

The waste samples will be analyzed by city forces. Laboratory procedures used in the examination of wastes shall be those set forth in Standard Methods. However, alternate methods for certain analysis of industrial wastes may be used. [Ord. 867B, 2011.]

13.08.380 Inspection by director.

The public works director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with the provisions of this chapter. [Ord. 867B, 2011.]

13.08.390 Service call.

Service calls for any reason including but not limited to complaints, leaks, blockages, or other problems due to trouble in lines not owned by the city or problems in the lines or mechanical devices owned by the city caused by problems or conditions in the private lines or lines owned other than by the city shall be charged to the customer requesting the call at the appropriate rate as provided by city ordinance. The amount charged for the service call shall be billed to the customer as a separate charge and shall be due and payable within seven days after the date of the bill. [Ord. 867B, 2011.]

13.08.400 Disconnection of service, abated building.

Whenever a premises provided with sewer service has been found by the proper authorities to be dangerous to human life and/or unfit for human habitation and notice of such findings has been provided to the public works director by said authorities, the public works director shall require the owner of said premises to disconnect the side sewer that was “serving said abated building” from the public sewer and use an approved plug or other device or fitting that will eliminate any ground or surface water, dirt, or any other object from entering the sewer from the point of disconnection. It is the responsibility of the owner to notify the public works director when such disconnection has been properly made so it can be inspected before backfilling occurs. [Ord. 867B, 2011.]

13.08.410 Damaging sewer system.

Any person causing damage to any property belonging to the city shall be liable to the city for any and all damages resulting either directly or indirectly therefrom. [Ord. 867B, 2011.]

13.08.420 Crime to damage or interfere with access to the sewer system.

No person shall disturb, break, deface, damage, or trespass upon any property belonging to or connected with the sewer system of the city in any manner whatsoever. No person shall store, maintain, or keep any goods, merchandise, materials, or rubbish within a distance of five feet or interfere with the access or operation of any manhole, lift station or any other equipment or facility of the sewer system. [Ord. 867B, 2011.]

13.08.430 Emergency interruption of service.

A. In the event of emergency or whenever the public health, safety, or the equitable distribution of water so demands, the public works director may authorize the city to change, reduce, alter, or limit the time for or temporarily discontinue sewer service. Sewer service may be temporarily interrupted for purposes of making repairs, extensions, or doing other necessary work.

B. Before so changing, reducing, limiting, or interrupting the sewer service, the city shall notify, insofar as practical, all sewer consumers affected. The city shall not be responsible for any damage resulting from interruption, change, or failure of the sewer system. In addition, the city makes no commitment as to the continuity of service; and will not be liable for injuries or damage due to interruption of service. [Ord. 867B, 2011.]

13.08.440 Right to terminate sewer service.

A. The city reserves the right to terminate sewer service for any residence or commercial or industrial customer where it is determined by the city that the wastes being discharged:

1. Are causing operational problems with the sewer collection system, lift station, and/or wastewater treatment plant.

2. Are in some way damaging pipelines, manholes, lift stations, or equipment and/or machinery at the wastewater treatment plant.

3. Are causing health or safety problems either with the city sewer department personnel or other persons.

B. Termination of such sewer service shall be in effect until it is determined by the public works director that any and all problems have been corrected and some action or other steps have been taken to prevent their reoccurrence. [Ord. 867B, 2011.]

13.08.450 Construction work in streets.

All persons, firms, corporations, and governmental agencies, and their contractors, performing street work that may interfere, conflict, affect or endanger the sewer system of the city shall be required to obtain a right-of-way permit. [Ord. 867B, 2011.]

13.08.460 Protection of the public health.

The public works director shall conduct periodic inspections of the sewer system in coordination with the appropriate health department. The public works director shall, from time to time, suggest rules and regulations deemed necessary by him to the city council to protect or augment the operation of the sewer system. [Ord. 867B, 2011.]

13.08.470 Payment for sewer service.

In accordance with city ordinance, payment shall be due on the twentieth of the month. Unpaid statements become delinquent on the twenty-first day of the month or at 5:00 p.m. on the next full business day and a delinquency charge as established by city ordinance shall be added to each unpaid account and a delinquent statement sent by mail. Payment of the delinquent balance must be received within seven days of the date of the delinquent notice to avoid service interruption. Sewer statements for residential customers will be mailed to customers on a bimonthly basis. Sewer statements for commercial and industrial customers will be mailed to those customers on a monthly basis. All statements are to be paid either by mail or in person to the city. The owner of the premises receiving sewer service shall have the right to have statements for service charges mailed to a tenant, lessee or agent, but such mailing shall not relieve the property owner for liability of payment for charges incurred. [Ord. 867B, 2011.]

13.08.480 Charge for special improvements.

Where special improvements or upgrading projects have been installed and the costs of such improvements are determined to be financed by user charges to the customers served by or benefiting from such improvements, these customers shall be responsible for an additional charge to be added to the customer’s statement. The amount of this additional charge shall be as determined for the specific improvement or upgrading project. Such additional charge shall be to satisfy all debt service requirements and other related costs. [Ord. 867B, 2011.]

13.08.490 Delinquency/lien.

A. All sewer rates shall be charged against the premises for which the service was connected. Any and all charges provided for, when the same become delinquent and unpaid, shall constitute a lien against the premises to which the same has been furnished. Enforcement of a lien and collection of a lien shall include, but not be limited to, the right to stop service and deny service thereafter to any and all owners and/or occupants of the premises until the charges for service and/or other charges have been paid in full.

B. In cases where the occupant of the premises moves to another location within the system and applies for service at the new location, services may be denied at such location until and unless any statement for service against the first location is fully paid.

C. If any such charges are not paid, the city may record a lien at the office of the county auditor against the property for which the service was connected. Such lien shall include the delinquent charges and such customer shall be responsible for all costs incurred by the city, including reasonable attorney’s fees, for preparing the lien and the fee for recording the lien.

D. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges due. Notice of change in ownership of property and change in mailing address must be given in writing by the property owner or his agent to the city. The public works director may require an advance or satisfactory security for sewer service to be furnished, and if such payment is not made or security furnished within the time fixed by the public works director, sewer service may be discontinued to premises. [Ord. 867B, 2011.]

13.08.500 Delinquent charges – Discontinuance of service.

A. In the event of failure to pay sewer service charges after they become delinquent, or failure to have flow or sampling devices in proper operating condition for more than one week, the city shall have the right to remove or close sewer connections, and enter upon the property for accomplishing such purposes.

B. The expense of such removal, or closing, as well as the expense of restoring service, shall likewise be a debt due to the city and a lien upon the property and may be recovered by civil action in the name of the city against the property owner, the person, or both. [Ord. 867B, 2011.]

13.08.510 Restoration of service.

Sewer service shall not be restored until the owner pays the lesser of either the current connection/capacity charges for such sewer service or back (unpaid) sewer service capital improvement rate charges for sewer service. Back charges shall be equal to the total current sewer service capital improvement rate charges for minimum sewer service multiplied by the total number of months that the sewer service has been in an inactive status and/or for the period of months that such capital improvement rate charges have not been paid and all other charges, such as the expense of removal, closing, and restoration of sewer line, and all applicable fees as established by the storm and surface water and water system ordinances shall have been paid. [Ord. 867B, 2011.]

13.08.520 Delinquent charges – Change of ownership.

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. [Ord. 867B, 2011.]

13.08.530 Sewer main extension request.

When a person desires to extend a city sewer main, that person must make a written request to the city and state on that request the location where the extension is desired, the purpose for extension and give details and extent of any development he is considering, as well as any other factors as may be pertinent. The public works director shall evaluate all requests for main extensions. If the extension is considered feasible, then the pipe diameter and other conditions shall be determined by the public works director. [Ord. 867B, 2011.]

13.08.540 Sewer main extension installation.

The person requesting the main extension shall be responsible for all costs of installation. The person requesting the main extension shall also be charged a fee to pay the costs of the inspection performed by the public works department personnel and/or contracted engineer’s inspector. The amount of the fee for inspections shall be determined after assessing the entire project. The extension shall be installed in accordance with the engineering development code. [Ord. 867B, 2011; Ord. 819B § 13, 2007.]

13.08.550 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 wastewater treatment plant.

Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. [Ord. 867B, 2011.]

13.08.560 Confidential information.

A. 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 that the release of such information would divulge information, processes, or methods of production entitled to confidentiality under the law.

B. Users shall clearly mark “confidential” on all areas of correspondence they wish to be held confidential from the public, and feel is afforded such protection. The city shall determine if such information is legally afforded this protection under the law upon receipt of a request for such information. Only information marked “confidential” and determined by the city to legally qualify as such shall be withheld from the public.

C. No correspondence claimed as “confidential” shall be withheld from any state or federal agency responsible for oversight of the city’s NPDES permit or authorized to implement the NPDES, or state or federal 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. 867B, 2011.]

13.08.570 City monitoring of wastewater.

The city shall follow the procedures required of users described in CMC 13.08.310, Industrial pretreatment requirements, 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. 867B, 2011.]

13.08.580 Right of entry for inspection and sampling.

A. The public works director 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 the DOE, is being met and whether the user is complying with all requirements thereof.

B. The public works director shall have the right to set up on any user’s property such devices as are necessary to conduct sampling, compliance monitoring, and/or metering of a user’s operations. It shall be the policy of the public works director to inform the DOE of such activities where users hold a state waste discharge permit in order to make the results of such sampling available to the DOE.

C. Users shall allow the public works director 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.

D. 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 guards so that, upon presentation of suitable identification, the public works director and representatives of state and federal authority will be allowed to enter without delay for the purposes of performing their respective duties.

E. Any temporary or permanent obstruction to safe, ready, 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 public works director and shall not be replaced. The costs of clearing such access shall be borne by the user.

F. Unreasonable delays or failure to allow the public works director access to any area to perform functions authorized under this chapter shall be grounds for termination of wastewater treatment services, and enforcement as authorized by this chapter. [Ord. 867B, 2011.]

13.08.590 Monitoring facilities.

A. Any user notified by the DOE or the city that monitoring facilities are required shall provide and operate at its own expense a monitoring facility to allow proper inspection, sampling, and flow measurements of each sewer discharge to the wastewater treatment plant. 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 city may allow the user to construct the facility in the public street or sidewalk area, providing it will not be obstructed by landscaping or parked vehicles.

B. When the public works director or the DOE determines it is appropriate, they may require a user to construct and maintain monitoring facilities at other locations (for example, at the end of a manufacturing line or wastewater treatment system).

C. There shall be ample room in or near such monitoring facilities 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 own expense.

D. All wastewater monitoring facilities shall be constructed and maintained in accordance with all applicable construction standards and specifications. All devices used to measure wastewater flow and quality shall be regularly calibrated, but no less frequently than annually, to ensure their accuracy. Calibration records shall be available for inspection of the public works director. [Ord. 867B, 2011.]

13.08.600 Search warrants.

A. If the public works director or authorized inspector acting as his/her agent has been refused access to a building, structure, or property, or any part thereof, then the public works director shall seek issuance of a search and/or seizure warrant from Lewis County superior court when:

1. There is probable cause to believe that there may be a violation of this chapter;

2. There is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter, an order issued hereunder, or any wastewater discharge permit; or

3. Necessary to protect the overall public health, safety, and welfare of the community.

B. Such warrant shall be served at reasonable hours by the public works director in the company of a uniformed police officer of the city.

C. In the event the public works director 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, the public works director may enter in the company of a uniformed police officer, before a requested warrant has been produced, in order to determine if the suspected situation exists and, if so, to take such actions necessary to protect the public. [Ord. 867B, 2011.]

13.08.610 Consent orders.

A. The public works director 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.

B. 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 CMC 13.08.690, Criminal prosecution, and shall be judicially enforceable.

C. Failure to comply with any terms or requirements of a consent 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 public works director. [Ord. 867B, 2011.]

13.08.620 Compliance orders.

A. Whenever the public works director finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the public works director may issue a compliance order to the user responsible for the violation. This order shall direct that adequate pretreatment facilities, devices, or other related appurtenances be installed and properly operated and maintained. The order shall specify that wastewater services, including collection and treatment, shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken.

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

C. Failure to comply with any terms or requirements of a compliance order by a user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or any other enforcement action authorized under this chapter and deemed appropriate by the public works director. [Ord. 867B, 2011.]

13.08.630 Administrative (show cause) hearing.

A. A user shall be afforded the opportunity to an administrative hearing to contest the city’s determination to suspend services, 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 collection and treatment services.

B. Notice shall be served on the user specifying the time and place for the administrative hearing, 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 hearing shall be served on an authorized representative of the user (return receipt requested) at least 15 days prior to the scheduled hearing date.

C. An administrative hearing shall not be a bar against, or prerequisite for, taking any other action against the user. [Ord. 867B, 2011.]

13.08.640 Cease and desist orders.

A. The public works director may issue a cease and desist order upon finding a user has or is violating either: this chapter, a wastewater discharge permit or order issued by the DOE, or any other pretreatment standard or requirement. The decision to issue a cease and desist order shall consider the likelihood that a user’s violations in conjunction with other discharges could cause a threat to the wastewater treatment plant, wastewater treatment plant workers, or the public, or cause pass through, interference, or a violation of the wastewater treatment plant’s NPDES permit. The order issued by the public works director will direct the user to cease and desist all such violations and to:

1. Immediately cease such actions or discharges as described;

2. Comply with all applicable pretreatment standards and requirements;

3. 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.

B. 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. 867B, 2011.]

13.08.650 Emergency suspension of wastewater services.

A. The public works director may immediately suspend wastewater services, including collection and treatment, after informal 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 wastewater treatment plant, or the health or welfare of any person or the general public.

B. Any user notified of a suspension of its wastewater discharge shall immediately cease all such discharges. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the public works director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment plant, its receiving stream, or the danger to the public. The public works director 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 CMC 13.08.660, Termination of treatment services (nonemergency), are initiated against the user.

C. It shall be unlawful for any person to prevent or attempt to prevent the public works director and/or city from terminating wastewater collection and treatment services in an emergency situation, by barring entry, by physically interfering with city employees or contractors, or by any other means.

D. 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 public works director prior to the date of any administrative hearing authorized by this chapter.

E. Nothing in this section shall be interpreted as requiring an administrative hearing prior to any emergency suspension under this section. [Ord. 867B, 2011.]

13.08.660 Termination of treatment services (nonemergency).

A. The public works director shall have authority to terminate wastewater services, including collection and treatment, through the issuance of a termination order to any user upon determining that such user has:

1. Refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter;

2. Violated any provision of this chapter including the discharge prohibitions and standards listed in CMC 13.08.310, Industrial pretreatment requirements; or

3. Violated any lawful order of the city issued with respect to this chapter.

B. For users holding permits to discharge to the city wastewater treatment plant, violation of the following conditions is also grounds for terminating discharge services:

1. Failure to accurately report wastewater constituents or characteristics;

2. Failure to report significant changes in operations or wastewater constituents or characteristics; or

3. Violation of any term or condition of the user’s waste discharge permit.

C. Issuance of a termination order by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. [Ord. 867B, 2011.]

13.08.670 Injunctive relief.

When the public works director 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, he may petition the Lewis County superior court through the city attorney for the issuance of a temporary or permanent injunction, as appropriate. Such injunction shall restrain or compel specific compliance with an applicable 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. 867B, 2011.]

13.08.680 Civil penalties.

A. A user which has violated or continues to violate any provision of this chapter, an order issued hereunder, a wastewater discharge permit, or any other pretreatment standard or requirement not reserved by a permit by the DOE 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 noncompliance with monthly or other long-term average discharge limits, penalties shall accrue for each day during the period of such noncompliance.

B. In addition to the penalty amounts assessable in this section, the public works director may recover reasonable attorney’s fees, court costs, and other expenses associated with compliance and enforcement activities authorized under this chapter. This shall include recovery of costs for sampling and monitoring, 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.

C. The city shall petition the Lewis County superior court to impose, assess, and recover such sums. In recommending the amount of civil liability, the public works director 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.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. [Ord. 867B, 2011.]

13.08.690 Criminal prosecution.

A. A user which has willfully or negligently violated any provision of this chapter, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $5,000 per violation, per day, plus costs of prosecution or imprisonment in the county jail not to exceed one year, or by both fine and imprisonment, at the discretion of the Chehalis municipal court.

B. The above provision applies to any user which knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter.

C. Where willful or negligent introduction of a substance into the wastewater treatment plant causes personal injury or property damage, this action shall be in addition to any other civil or criminal action for personal injury or property damage available under the law. [Ord. 867B, 2011.]

13.08.700 Water supply severance.

Whenever 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, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. [Ord. 867B, 2011.]

13.08.710 Public nuisances.

A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the public works director. Any person(s) creating a public nuisance shall be subject to the provisions of the Chehalis Municipal Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance. [Ord. 867B, 2011.]

13.08.720 Performance bonds and liability insurance.

The public works director may decline to reinstate wastewater collection and treatment service to any user whose wastewater services were suspended or terminated under the provisions of this chapter, unless such user, at the sole discretion of the public works director, either:

A. First files with the city a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the public works director to be necessary to achieve consistent compliance; or

B. First submits proof that the user has obtained financial assurances sufficient to restore or repair wastewater treatment plant damage caused by its discharge. [Ord. 867B, 2011.]

13.08.730 Remedies nonexclusive.

The provisions in CMC 13.08.610 through 13.08.720 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. 867B, 2011.]

13.08.740 Innovative settlements and supplemental environmental projects.

A. In any enforcement action allowed under this chapter, the public works director may recommend, and the city may agree, to set aside all or portions of the recommended penalty amount in favor of requiring completion of a project of environmental benefit to the wastewater treatment plant of equal or greater value than the proposed penalty. Such projects must be proposed or agreed to in writing by the user.

B. In recommending this option, the public works director shall consider all relevant circumstances, including, but not limited to, the following criteria:

1. The net environmental benefit;

2. The ability of the project to help achieve or ensure compliance;

3. The willingness of the party to change the circumstances that led to the noncompliance; and

4. The responsible party’s technical and financial ability to successfully complete the project.

C. In enforcement actions taken by the DOE, the city may make written recommendations either for, or against, an innovative settlement agreement with a noncompliant user based on the above criteria. [Ord. 867B, 2011.]

13.08.750 General prohibited discharge standards.

A. The city may allow an affirmative defense to an enforcement action brought against a user for noncompliance with the general and specific prohibitions in this section. An affirmative defense requires the user to prove to the satisfaction of the public works director that:

1. 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;

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

3. In the case of interference, the user was in compliance with applicable sludge use or disposal requirements.

B. This defense does not relieve the user from responsibility for enforcement to recover costs as provided under CMC 13.08.670, Injunctive relief, and CMC 13.08.680, Civil penalties. [Ord. 867B, 2011.]

13.08.760 State responsibility for administrative actions.

The DOE is charged with permitting and regulating SIUs discharging to the city wastewater treatment plant. Except for emergency actions, it shall be the policy of the public works director to coordinate actions in regard to control of such users with the DOE. Failure to conduct such coordination, however, shall not invalidate any action of the city authorized by this chapter. [Ord. 867B, 2011.]

13.08.770 Notification of violation.

A. Whenever the public works director finds that any user has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, the public works director may serve upon such user written notice of the violation.

B. Within 10 days of receipt of such notice of violation, the user shall submit to the public works director an explanation of the violation and a plan to satisfactorily correct and prevent the reoccurrence of such violation(s). The plan shall include specific actions the user will take, and the completion dates of each. 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.

C. 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. 867B, 2011.]

13.08.780 Violations and penalties.

Any person willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any person found guilty of such violation shall be fined a sum not to exceed $500.00. [Ord. 867B, 2011.]

13.08.790 Severability clause.

If any section, subsection, subdivision, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or void, such invalidity shall not thereby affect the validity of the remaining portions of this chapter. [Ord. 867B, 2011.]

13.08.800 Enforcement.

It shall be the duty of the employees of the public works department, police and fire services department and community development department to give vigil and aid to the public works director in the enforcement of the provisions of this chapter and to this end they shall report all violations thereof which come to their knowledge to the public works director. [Ord. 867B, 2011; Ord. 810B § 6, 2006; Ord. 767B, 2004; Ord. 766B, 2004.]

13.08.810 Repeal.

Ordinance No. 696-B, passed the thirteenth day of August, 2001, and Ordinance No. 737-B, passed the twenty-seventh day of January, 2003, shall be, and the same hereby are, repealed. [Ord. 867B, 2011.]

13.08.820 Effective date.

The effective date of the ordinance codified in this chapter shall be February 22, 2011. [Ord. 867B, 2011.]