Chapter 13.31 PRETREATMENT

This chapter (chapter) sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the City of Ferndale (City) and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code (U.S.C.) Section 1251 et seq.) and the general pretreatment regulations (Title 40 of the Code of Federal Regulations (CFR) Part 403).

A. This chapter shall apply to all users of the publicly owned treatment works. This chapter authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.

B. The objectives of this chapter are:

1. To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

2. To prevent the introduction of pollutants that are inadequately treated or otherwise incompatible with the publicly owned treatment works from passing through the publicly owned treatment works into receiving waters;

3. To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

4. To promote reuse and recycling of industrial wastewater and sludge treated by the publicly owned treatment works; and

5. To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws, which govern the publicly owned treatment works. (Ord. 1810 § 1, 2013)

13.31.020 Administration.

Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the Director may be delegated by the Director to a duly authorized City employee. (Ord. 1810 § 1, 2013)

13.31.030 Abbreviations.

The following abbreviations, when used in this chapter, shall have the designated meanings:

“BOD” means biochemical oxygen demand.

“BMP” means best management practice.

“BMR” means baseline monitoring report.

“CFR” means Code of Federal Regulations.

“CIU” means categorical industrial user.

“COD” means chemical oxygen demand.

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

“gpd” means gallons per day.

“IU” means industrial user.

“mg/l” means milligrams per liter.

“NPDES” means National Pollutant Discharge Elimination System.

“NSCIU” means nonsignificant categorical industrial user.

“POTW” means publicly owned treatment works.

“RCRA” means Resource Conservation and Recovery Act.

“SIU” means significant industrial user.

“SNC” means significant noncompliance.

“TSS” means total suspended solids.

“U.S.C.” means United States Code. (Ord. 1810 § 1, 2013)

13.31.040 Definitions.

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

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

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

C. “Authorized or duly 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 operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit or general permit requirements; and where 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, or their designee.

4. The individuals described in subsections (C)(1) through (3) of this section may designate a duly 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.

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

E. “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices intended to implement the prohibitions listed in FMC 13.31.060(A) and (B) (40 CFR 403.5(a)(1) and (b)). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

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

G. “Categorical industrial user” means an industrial user subject to a categorical pretreatment standard or categorical standard.

H. “City” means the City of Ferndale.

I. “Control authority” means the City of Ferndale.

J. “Daily maximum” means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

K. “Daily maximum limit” means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

L. “Director” means the person designated by the City to supervise the operation of the POTW, who is the Public Works Director and who is charged with certain duties and responsibilities by this chapter. The term also means a City employee duly authorized by the Director.

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

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

O. “Existing source” means any source of discharge that is not a “new source.”

P. “Grab sample” means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

Q. “Indirect discharge” or “discharge” means the introduction of pollutants into the POTW from any nondomestic source.

R. “Instantaneous limit” means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

S. “Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the City’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

T. “Local limit” means specific discharge limits developed and enforced by the City upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).

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

V. “Monthly average” means the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

W. “Monthly average limit” means the highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.

X. “New source” means:

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

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

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

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

2. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (X)(1)(b) or (c) of this section, but otherwise alters, replaces, or adds to existing process or production equipment.

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

a. Begun, or caused to begin, as part of a continuous on-site construction program:

i. Any placement, assembly, or installation of facilities or equipment; or

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

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

Y. “Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Z. “Pass through” means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the City’s NPDES permit, including an increase in the magnitude or duration of a violation.

AA. “Person” means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.

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

CC. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

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

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

FF. “Pretreatment standards” or “standards” means prohibited discharge standards, categorical pretreatment standards, and local limits.

GG. “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in FMC 13.31.060.

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

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

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

KK. Significant Industrial User (SIU). Except as provided in subsection (KK)(3) of this section, a significant industrial user is:

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 POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

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

c. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

3. Upon a finding that a user meeting the criteria in subsection (KK)(2) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

LL. “Slug load” or “slug discharge” means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in FMC 13.31.060. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.

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

NN. “Director” means the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the Director.

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

PP. “User” or “industrial user” means a source of indirect discharge.

QQ. “Wastewater” means liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

RR. “Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste. (Ord. 1810 § 1, 2013)

13.31.050 Industrial user survey.

When requested by Director, a user shall submit information on the nature and characteristics of its wastewater by completing a wastewater user survey questionnaire within 30 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users of the POTW to update the survey. Failure to complete the wastewater survey questionnaire shall be considered a violation of this chapter which subjects the user to the enforcement actions set out in FMC 13.31.460. (Ord. 1810 § 1, 2013)

13.31.060 Prohibited discharge standards.

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

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

1. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21;

2. Wastewater having a pH less than 5.0 or more than 12.5, or otherwise causing corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-quarter inch in any dimension, with exception of natural fibers such as hair;

4. Pollutants, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;

5. Wastewater having a temperature greater than 140 degrees Fahrenheit (60 degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 73 degrees Fahrenheit (23 degrees Celsius);

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

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

8. Trucked or hauled pollutants, except at discharge points designated by the Director in accordance with FMC 13.31.150;

9. 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;

10. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit;

11. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

12. Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director;

13. Sludges, screenings, or other residues from the pretreatment of industrial wastes;

14. Medical wastes, except as specifically authorized by the Director in an individual wastewater discharge permit;

15. Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

16. Detergents, surface active agents, or other substances which might cause excessive foaming in the POTW;

17. Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l;

18. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than 25 percent or any single reading over 50 percent of the lower explosive limit of the meter.

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord. 1810 § 1, 2013)

13.31.070 National categorical pretreatment standards.

Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits.

B. When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Director may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual industrial users.

C. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit in accordance with 40 CFR 403.6(e). (Ord. 1810 § 1, 2013)

13.31.080 State pretreatment standards.

Washington State pretreatment standards and requirements, located at Chapter 173-216 WAC, were developed under authority of the Water Pollution Control Act, Chapter 90.48 RCW, and are hereby incorporated. The version incorporated is the version current as of the date of the latest revision or version of the ordinance codified in this chapter. All waste materials discharged from a commercial or industrial operation into the POTW must satisfy the provisions of Chapter 173-216 WAC. In addition to some slightly more stringent prohibitions (merged with FMC 13.31.060), the following provisions unique to Washington State are required by this chapter for discharges to a POTW:

A. Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the regulations for submission of plans and reports for construction of wastewater facilities, Chapter 173-240 WAC. Unless and until the City is delegated the authority to review and approve such plans under RCW 90.48.110, sources of nondomestic discharges shall request approval for such plans through the Department of Ecology. To ensure conformance with this requirement, proof of the approval of such plans and one copy of each approved plan shall be provided to the Director before commencing any such construction or modification.

B. Users shall apply to the Director for a permit at least 60 days prior to the intended discharge of any pollutants other than domestic wastewater or wastewater which the Director has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW. (WAC 173-216-050(1))

C. All significant industrial users must apply for and obtain a permit prior to discharge.

D. All users shall apply all known, available, and reasonable methods of prevention, control, and treatment of waste discharges to the waters of the state (AKART). (WAC 173-216-050(3))

E. Discharge restrictions of Chapter 173-303 WAC (Dangerous Waste) shall apply to all users. (Prohibited discharge standards have been merged with federal prohibitions in FMC 13.31.060.)

F. Claims of confidentiality shall be submitted according to WAC 173-216-080. Information which may not be held confidential includes the: name and address of applicant, description of proposal, proposed receiving water, receiving water quality, and effluent data. Claims shall be reviewed based on the standards of WAC 173-216-080, Chapter 42.17 RCW, Chapter 173-03 WAC, and RCW 43.21A.160.

G. Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall publish notice for each application in the City’s newspaper of record. Such notices shall fulfill the requirements of WAC 173-216-090. These requirements include publishing:

1. The name and address of the applicant and facility/activity to be permitted;

2. A brief description of the activities or operations which result in the discharge;

3. Whether any tentative determination has been reached with respect to allowing the discharge;

4. The address and phone number of the office of the Director where persons can obtain additional information;

5. The dates of the comment period (which shall be at least 30 days); and

6. How and where to submit comments or have any other input into the permitting process, including requesting a public hearing.

H. The Director may require the applicant to also mail this notice to persons who have expressed an interest in being notified, to state agencies and local governments with a regulatory interest, and to post the notice on the premises. If the Director determines there is sufficient public interest, the City shall hold a public meeting following the rules of WAC 173-216-100.

I. Permit terms shall include, wherever applicable, the requirement to apply all known, available, and reasonable methods of prevention, control, and treatment.

J. All required monitoring data shall be analyzed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC, except for flow, temperature, settleable solids, conductivity, pH, turbidity, and internal process control parameters. However, if the laboratory analyzing samples for conductivity, pH, and turbidity must otherwise be accredited, it shall be accredited for these parameters as well. (Ord. 1810 § 1, 2013)

13.31.090 Local limits.

A. The Director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

B. The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following:


Material		Maximum Daily Allowable Discharge Concentration (mg/l)	Maximum Instantaneous Allowable Discharge Concentration (mg/l)
Ammonia		30.0	45.0
Arsenic	As	0.20	0.40
Cadmium	Cd	0.10	0.20
Copper	Cu	0.20	0.40
Chromium	Cr	2.80	5.60
Cyanide	CN	0.90	1.80
Lead	Pb	0.10	0.20
Mercury	Hg	0.10	0.20
Nickel	Ni	1.70	3.40
Selenium	Se	0.10	0.20
Silver	Ag	0.40	0.80
Zinc	Zn	2.60	5.20
Total Toxic Organics	TTO	2.10	4.20
Fats, Oil and Grease (nonpolar)	FOG	100.0	100.0

The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Director may impose mass limitations in addition to the concentration based limitations above.

C. The Director may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of FMC 13.31.060. (Ord. 1810 § 1, 2013)

13.31.100 City’s right of revision.

The City reserves the right to establish, by ordinance or in individual wastewater discharge, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this chapter. (Ord. 1810 § 1, 2013)

13.31.110 Dilution.

No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 1810 § 1, 2013)

13.31.120 Pretreatment facilities.

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in FMC 13.31.060 within the time limitations specified by EPA, the state, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter. (Ord. 1810 § 1, 2013)

13.31.130 Additional pretreatment measures.

A. Whenever deemed necessary, the Director may require users to restrict their discharge during peak flow periods; designate that certain wastewater be discharged only into specific sewers; relocate and/or consolidate points of discharge; separate sewage wastestreams from industrial wastestreams; and such other conditions as may be necessary to protect the POTW and determine the user’s compliance with the requirements of this chapter.

B. The Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the Director, shall comply with the City’s fats, oils and grease (FOG) control ordinance, codified in Chapter 13.33 FMC, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired in accordance with FMC 13.33.070 and 13.33.080 by the user at his/her expense.

D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 1810 § 1, 2013)

13.31.140 Accidental discharge/slug discharge control plans.

The Director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Director may develop such a plan for any user, for which the user shall reimburse the City. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

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

B. Description of stored chemicals;

C. Procedures for immediately notifying the Director of any accidental or slug discharge, as required by FMC 13.31.340; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 1810 § 1, 2013)

13.31.150 Hauled wastewater.

A. Septic tank waste may not be introduced into the POTW.

B. The Director may require haulers of industrial waste to obtain individual wastewater discharge permits. The Director may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.

C. Industrial waste haulers may discharge loads only at locations designated by the Director. No load may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.

D. Industrial waste haulers must provide a waste tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. (Ord. 1810 § 1, 2013)

13.31.160 Wastewater analysis.

When requested by the Director, a user must submit information on the nature and characteristics of its wastewater, which may include collection of samples and laboratory analysis of samples, within 45 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 1810 § 1, 2013)

13.31.170 Individual wastewater discharge permit requirement.

A. No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to FMC 13.31.180 may continue to discharge for the time period specified therein.

B. The Director may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in FMC 13.31.460 and 13.31.470. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law. (Ord. 1810 § 1, 2013)

13.31.180 Individual wastewater discharge permitting – Existing connections.

Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter, and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Director for an individual wastewater discharge permit in accordance with FMC 13.31.200, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of the ordinance codified in this chapter except in accordance with an individual wastewater discharge permit issued by the Director. (Ord. 1810 § 1, 2013)

13.31.190 Individual wastewater discharge permitting – New connections.

Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with FMC 13.31.200, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence. (Ord. 1810 § 1, 2013)

13.31.200 Individual wastewater discharge permit application contents.

A. All users required to obtain an individual wastewater discharge permit must submit a permit application. The Director may require users to submit all or some of the following information as part of a permit application:

1. Identifying information, which shall include:

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

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

2. Environmental permits, which shall include a list of any environmental control permits held by or for the facility;

3. Description of operations, which shall include the following:

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

b. A list of the types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW,

c. The number and type of employees, hours of operation, and proposed or actual hours of operation,

d. A list of the types and amounts of raw materials processed (average and maximum per day), and

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

4. Time and duration of discharges;

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

6. Flow measurement, which shall include information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in FMC 13.31.070(C) (40 CFR 403.6(e));

7. Measurement of pollutants, which shall include information on the following:

a. The categorical pretreatment standards (for the purposes of this section, “standards”) applicable to each regulated process and any new categorically regulated processes for existing sources,

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

c. Reporting on instantaneous, daily maximum, and long-term average concentrations, or mass, where required,

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in FMC 13.31.080. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard, and

e. Sampling must be performed in accordance with procedures set out in FMC 13.31.390; and

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

B. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 1810 § 1, 2013)

13.31.210 Application signatories and certifications.

A. All wastewater discharge permit applications, user reports and certification statements must be signed by the user or an authorized representative of the user and contain the certification statement in FMC 13.31.420(A).

B. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.

C. A facility determined to be a nonsignificant categorical industrial user by the Director pursuant to FMC 13.31.040(KK)(3) must annually submit the signed certification statement in FMC 13.31.420(B). (Ord. 1810 § 1, 2013)

13.31.220 Individual wastewater discharge permit decisions.

The Director will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit. (Ord. 1810 § 1, 2013)

13.31.230 Individual wastewater discharge permit duration.

An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 1810 § 1, 2013)

13.31.240 Individual wastewater discharge permit contents.

An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

A. Individual wastewater discharge permits must contain:

1. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

2. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with FMC 13.31.260, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

3. Effluent limits, including best management practices, based on applicable pretreatment standards;

4. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, the sampling location, the sampling frequency, and the sample type based on federal, state, and local law;

5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law; and

6. Requirements to control slug discharge, if determined by the Director to be necessary.

B. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

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

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

3. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. The unit charge or schedule of user charges and fees for discharge of wastewater to the POTW;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

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

8. Other conditions as deemed appropriate by the Director to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 1810 § 1, 2013)

13.31.250 Individual wastewater discharge permit modification.

The Director may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

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

C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D. Information indicating that the permitted discharge poses a threat to the City’s POTW, City personnel, the receiving waters, or beneficial use of biosolids;

E. Violation of any terms or conditions of the individual wastewater discharge permit;

F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the individual wastewater discharge permit; or

I. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with FMC 13.31.260. (Ord. 1810 § 1, 2013)

13.31.260 Individual wastewater discharge permit transfer.

Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 60 days’ advance notice to the Director and the Director approves the individual wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:

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

B. Identifies the specific date on which the transfer is to occur; and

C. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer. (Ord. 1810 § 1, 2013)

13.31.270 Individual wastewater discharge permit revocation.

The Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the Director of changed conditions pursuant to FMC 13.31.330;

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the Director timely access to the facility premises and records;

G. Failure to meet effluent limitations;

H. Failure to pay fines;

I. Failure to pay sewer charges;

J. Failure to meet compliance schedules;

K. Failure to complete a wastewater survey or the wastewater discharge permit application;

L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user. (Ord. 1810 § 1, 2013)

13.31.280 Individual wastewater discharge permit reissuance.

A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with FMC 13.31.200, a minimum of 90 days prior to the expiration of the user’s existing individual wastewater discharge permit. (Ord. 1810 § 1, 2013)

13.31.290 Baseline monitoring reports.

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

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

1. All information required in FMC 13.31.200(A)(1)(a), (2), (3)(a), and (6).

2. Measurement of Pollutants.

a. The user shall provide the information required in FMC 13.31.200(A)(7)(a) through (d);

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

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

d. Sampling and analysis shall be performed in accordance with FMC 13.31.380;

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

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

C. Compliance Certification. A statement, reviewed by the user’s authorized representative as defined in FMC 13.31.040(C) and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

D. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in FMC 13.31.300.

E. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with FMC 13.31.420(A) and signed by an authorized representative as defined in FMC 13.31.040(C). (Ord. 1810 § 1, 2013)

13.31.300 Compliance schedule progress reports.

The following conditions shall apply to the compliance schedule required by FMC 13.31.290(D):

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

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

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

D. In no event shall more than nine months elapse between such progress reports to the Director. (Ord. 1810 § 1, 2013)

13.31.310 Reports on compliance with categorical pretreatment standard deadline.

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in FMC 13.31.200(A)(6) and (7) and 13.31.290(B)(2). For users subject to equivalent mass or concentration limits established in accordance with the procedures in FMC 13.31.070, this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with FMC 13.31.420(A). All sampling will be done in conformance with FMC 13.31.390. (Ord. 1810 § 1, 2013)

13.31.320 Periodic compliance reports.

All SIUs are required to submit periodic compliance reports.

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

B. All periodic compliance reports must be signed and certified in accordance with FMC 13.31.420(A).

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

D. If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in FMC 13.31.390, the results of this monitoring shall be included in the report. (Ord. 1810 § 1, 2013)

13.31.330 Reports of changed conditions.

Each user must notify the Director of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.

A. The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under FMC 13.31.200.

B. The Director may issue an individual wastewater discharge permit under FMC 13.31.280 or modify an existing wastewater discharge permit under FMC 13.31.250 in response to changed conditions or anticipated changed conditions. (Ord. 1810 § 1, 2013)

13.31.340 Reports of potential problems.

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

B. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (A) of this section. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

C. Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge. (Ord. 1810 § 1, 2013)

13.31.350 Reports from unpermitted users.

All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. (Ord. 1810 § 1, 2013)

13.31.360 Notice of violation/repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and submit samples for analysis to the laboratory within five days and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. (Ord. 1810 § 1, 2013)

13.31.370 Notification of the discharge of hazardous waste.

A. Any user who commences the discharge of hazardous waste shall notify the Director, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 30 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under FMC 13.31.330. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self monitoring requirements of FMC 13.31.290, 13.31.310, and 13.31.320.

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

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

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

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder, or any applicable federal or state law. (Ord. 1810 § 1, 2013)

13.31.380 Analytical requirements.

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where Ecology determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by Ecology. (Ord. 1810 § 1, 2013)

13.31.390 Sample collection.

Users must ensure all samples they collect to satisfy sampling requirements under this chapter are representative of the range of conditions occurring during the reporting period. Users must also ensure that, when specified, samples are collected during the specific period.

A. Users must use properly cleaned sample containers appropriate for the sample analysis and sample collection and preservation protocols specified in 40 CFR Part 136 and appropriate EPA guidance.

B. Samples for oil and grease pursuant to Chapter 13.33 FMC, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

C. For certain pollutants, users may composite multiple grab samples taken over a 24-hour period. Users may composite grab samples for cyanide, total phenols, and sulfides either in the laboratory or in the field, and may composite grab samples for volatile organics and oil and grease in the laboratory prior to analysis.

D. For all other pollutants, users must employ 24-hour flow-proportional composite samplers unless the Director authorizes or requires an alternative sample collection method.

E. The Director may authorize composite samples for parameters unaffected by the compositing procedures, as appropriate.

F. The Director may require grab samples either in lieu of or in addition to composite sampling to show compliance with instantaneous discharge limits.

G. In all cases, users must take care to ensure the samples are representative of their wastewater discharges.

H. Users sampling to complete baseline monitoring and 90-day compliance reports required by FMC 13.31.290 and 13.31.310 must satisfy specific requirements. These reports require at least four grab samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. Users may composite samples prior to analysis if allowed in FMC 13.31.390(C). Where historical sampling data exists, the Director may also authorize fewer samples.

I. For periodic monitoring reports (FMC 13.31.320), the Director may specify the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (Ord. 1810 § 1, 2013)

13.31.400 Date of receipt of reports.

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 1810 § 1, 2013)

13.31.410 Recordkeeping.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under FMC 13.31.090(C). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Director. (Ord. 1810 § 1, 2013)

13.31.420 Certification statements.

A. When submitting any of the following: a permit (re)application in accordance with FMC 13.31.210; a baseline monitoring report under FMC 13.31.290; a report on compliance with the categorical pretreatment standard deadlines under FMC 13.31.310; or a periodic compliance report required by FMC 13.31.320(A) through (D), the following certification statement must be signed by an authorized representative as defined by FMC 13.31.040(C) and included with the submission:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

B. Annual Certification for Nonsignificant Categorical Industrial Users. A facility determined to be a nonsignificant categorical industrial user by the Director pursuant to FMC 13.31.040(KK)(3) and 13.31.210(C) must annually submit the following certification statement signed in accordance with the signatory requirements in FMC 13.31.290(C):

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from __________, _____ to __________, _____ [months, days, year]:

(a) The facility described as _______________ [facility name] met the definition of a Non Significant Categorical Industrial User as described in Section 13.31.040 KK.3;

(b) The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and

(c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

___________________________________________________________________________.

(Ord. 1810 § 1, 2013)

13.31.430 Right of entry – Inspection and sampling.

The Director shall have the right at any time to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the 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.

A. 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 Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C. The Director may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated once per year at a minimum, but more frequently as necessary to ensure their accuracy.

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

E. Unreasonable delays in allowing the Director access to the user’s premises shall be a violation of this chapter. (Ord. 1810 § 1, 2013)

13.31.440 Search warrants.

The Director may seek issuance of a search warrant from the appropriate court, in accordance with the City’s procedure for obtaining such warrants. Such warrants may be secured when:

A. The Director has been refused access or is unable to locate a representative who can authorize access to a building, structure, or property, or any part thereof, and has probable cause that a violation of this chapter is occurring on the premises;

B. The Director has been denied access to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder; or

C. The Director has cause to believe there is imminent endangerment of the overall public health, safety and welfare of the community by an activity on the premises. (Ord. 1810 § 1, 2013)

13.31.450 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the Director’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302, shall not be recognized as confidential information and shall be available to the public without restriction. (Ord. 1810 § 1, 2013)

13.31.460 Administrative enforcement remedies.

A. Notification of Violation. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written notice of violation. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B. Consent Orders. The Director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (D) and (E) of this section and shall be judicially enforceable.

C. Show Cause Hearing. The Director may order a user, which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in FMC 13.31.040(C) and required by FMC 13.31.210(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

D. Compliance Orders. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

E. Cease and Desist Orders. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

1. Immediately comply with all requirements; and

2. 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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

F. Administrative Fines.

1. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may fine such user in an amount not to exceed $10,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

2. The Director may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the Director’s response to the situation to the amount of the fine.

3. The Director will consider the economic benefit enjoyed by a user as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the Director shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the user from the noncompliance.

4. Unpaid charges, fines, and penalties shall, at 90 calendar days past the due date, be assessed an additional penalty of one percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. After 30 days, the City shall be authorized to file a lien against the user’s property for unpaid charges, fines, and penalties.

5. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the user’s appeal is successful, the Director shall rebate the difference between the initial and final penalty amounts to the user.

6. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

G. Emergency Suspensions. The Director may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

1. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in subsection (H) of this section are initiated against the user.

2. 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 Director prior to the date of any show cause or termination hearing under subsections (C) or (H) of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

H. Termination of Discharge and/or Severance of Water Supply. In addition to the provisions in FMC 13.31.270, any user who violates the following conditions is subject to discharge termination and severance of water supply:

1. Discharge of nondomestic wastewater without a permit, including:

a. Where the appropriate permit has not been requested,

b. Where the appropriate permit has not yet been issued, or

c. Where the permit has been denied or revoked based on the provisions of FMC 13.31.270 (permit revocation);

2. Violation of individual wastewater discharge permit conditions;

3. Failure to accurately report the wastewater constituents and characteristics of its discharge;

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

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

6. Violation of the pretreatment standards in FMC 13.31.060 through 13.31.090.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this section why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 1810 § 1, 2013)

13.31.470 Judicial enforcement remedies.

A. Injunctive Relief. When the Director finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may petition the Municipal Court of the City of Ferndale or Whatcom County district court through the City Attorney’s office for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Director 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.

B. Civil Penalties.

1. A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of $10,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

2. The Director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

3. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, 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.

4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

C. Criminal Prosecution.

1. A user who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, 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 $10,000 per violation, per day, or imprisonment for not more than one year, or both.

2. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $10,000 per violation, per day, or imprisonment for not more than one year, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

3. A user who 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, individual wastewater discharge permit, or general permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than one year, or both.

4. In the event of a second conviction, a user shall be punished by a fine of not more than $10,000 per violation, per day, or imprisonment for not more than five years, or both.

D. Remedies Nonexclusive. The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. The Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. (Ord. 1810 § 1, 2013)

13.31.480 Wastewater treatment rates.

A. Fees. Fees shall be set and renewed annually by the Ferndale City Council and posted in the most recently adopted City of Ferndale fee schedule.

B. Fees for Commercial/Industrial Users. Commercial/industrial users contributing effluent which might be expected to impact the system to a greater degree than normal may be required to provide an industrial waste study from which an equitable rate may be established.

C. Fees for High Strength Wastewater (Surcharge Program).

1. The City has determined that certain pollutants are compatible with the wastewater treatment process. The City reserves the right to recover the treatment costs for those compatible pollutants that exceed the high strength wastewater surcharge levels listed in this section.


Compatible Pollutant	Surcharge Level
Biochemical Oxygen Demand (BOD5)	250 mg/L
Total Suspended Solids (TSS)	250 mg/L
Total Kjeldahl Nitrogen (TKN)	40 mg/L

2. The surcharge fee charged shall be equal to the multiple of the regular sewer charge, per the current City of Ferndale water and sewer rates and fees, and D, as determined below.


Where:
	The number of units = the wastewater flow volume
	1 unit = 748 gallons
	Compatible Pollutant	Average Annual Concentration (mg/L)		Subtotal
	Biochemical Oxygen Demand (BOD5)	__________ ÷	250 =	__________ (A)
	Total Suspended Solids (TSS)	__________ ÷	250 =	__________ (B)
	Total Kjeldahl Nitrogen (TKN)	__________ ÷	80 =	__________ (C)

	Total = 0.17 x (A + B + C – 2.5)		=	__________ (D)
	* A and B must each be a minimum of 1.0; and C must be a minimum of 0.5.

3. The City reserves the right to include, at its discretion, other parameters which it determines are compatible with the wastewater treatment process. The City does not consider industrial wastewater concentrations of compatible pollutants above the surcharge levels listed to be discharge violations except for those concentrations or slug loadings which would cause interference, biosolids contamination, or pass through at the City wastewater treatment plant. (Ord. 1892 § 1, 2015; Ord. 1810 § 1, 2013)

13.31.490 Appeals.

An aggrieved party may appeal any administrative decision issued pursuant to this chapter in accordance with Chapter 14.11 FMC, Decisions and Appeals. (Ord. 1810 § 1, 2013)

13.31.500 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 1810 § 1, 2013)

13.31.510 Effective date.

The ordinance codified in this chapter shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. (Ord. 1810 § 1, 2013)