Chapter 15.36
DRAINAGE AND DISCHARGE INTO SEWERS REGULATED*

Sections:

15.36.010    Waters prohibited in sanitary sewer.

15.36.020    Storm water and industrial cooling water discharge.

15.36.025    Discharge permit required.

15.36.030    Discharges prohibited.

15.36.035    Pretreatment of fats, oils and greases required.

15.36.040    Washing facilities, grease rack—Pretreatment.

15.36.045    FOG pretreatment facilities—Installation and maintenance.

15.36.050    Compliance with departmental notice.

15.36.060    Control manhole for side sewers.

15.36.070    Measurements, tests and analyses—Standards.

15.36.080    Industrial waste surcharge.

15.36.085    Excess flow surcharge.

15.36.090    Repealed.

15.36.100    Right of revision.

15.36.110    Entry of private property.

15.36.120    Standards for discharges and reporting—Enforcement—Penalties.

*    For the statutory provisions regarding water pollution generally, see Chapter 90.48 RCW, for the water pollution within the jurisdiction of the city, see Chapter 35.88 RCW and for the public nuisance of depositing unwholesome matter in waters, see RCW 9.66.050.

15.36.010 Waters prohibited in sanitary sewer.

No one shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, subsurface drainage, cooling water or unpolluted industrial process water to any sewer which is built solely for sanitary sewage. (Ord. 874 § 29.0, 1962)

15.36.020 Storm water and industrial cooling water discharge.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated storm sewers or to a natural outlet approved by the city engineer. Industrial cooling water or unpolluted process water may be discharged upon approval of the city engineer to a storm sewer or natural outlet, provided any such discharge meets applicable Department of Ecology (DOE) standards and METRO regulations. (Ord. 3086 § 22, 1988: Ord. 874 § 30.0, 1962)

15.36.025 Discharge permit required.

(a)    It is unlawful for any person to discharge or cause to be discharged any waters or wastes into any public sewer, drain, ditch or natural outlet without a permit where required by King County wastewater treatment division, state law or federal regulations or in violation of conditions of such permit.

(b)    In addition to other lawful remedies, a violator hereunder shall be liable for the costs of any damages caused by the violation. Failure to pay such costs upon demand shall be cause for revocation of service. (Ord. 3870 § 6, 2002: Ord. 3086 § 23, 1988)

15.36.030 Discharges prohibited.

It is unlawful to discharge or cause to be discharged any of the following described waters or wastes in any public sewer, drain, ditch or natural outlet:

(1)    Any liquid or vapor having the temperature higher than one hundred fifty degrees Fahrenheit;

(2)    Any water or waste which contains more than one hundred parts per million by weight of fat, oil or grease;

(3)    Any gasoline, benzine, naphtha, oil, volatile organic or inorganic substance, or other flammable or explosive liquid, solid or gas;

(4)    Any garbage that has not been properly shredded so that one hundred percent will pass a three-eighths-inch sieve and seventy-five percent will pass a one-quarter-inch sieve;

(5)    Any solid or viscous substances in quantities, either by itself or in combination with other wastes, which are capable of obstructing the flow of sewer works or treatment facilities, including, but not limited to, the following: ashes, cinders, sand, mud, straw, hair, shavings, metal, glass, rags, feathers, tar, grass clippings, asphalt, seafood shells, cloth, plastic, wood, chemical residues, brewing or distilling slops, spent grain or hops, whole blood, meat trimmings and wastes, animal paunch contents, hide, hair, offal, fish or fowl heads or parts, entrails, lard, tallow, baking dough, cannery waste bulk solids, or paper or metal utensils, plastic or paper containers either whole or ground;

(6)    Any water, gas, substance or wastes having a pH lower than five and five-tenths or higher than eight and five-tenths or having any other corrosive property either by itself or by interaction with other wastes capable of causing damage or hazard to structures, equipment or personnel of the sewage works;

(7)    Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals, fish or fowl, or create any hazard in the receiving waters of the sewage treatment plant either by itself or by producing a toxic vapor after interaction with other wastes. These substances include, but are not limited to, chlorinated hydrocarbons, hydrogen sulfide, sulfur dioxide, phenols, and cyanide compounds;

(8)    Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant or wastes at a flow rate and/or pollutant discharge rate which is excessive over relatively short time periods so that there is a treatment process upset and subsequent loss of treatment efficiency;

(9)    Any noxious or malodorous gas or substance which, either by itself or by interaction with other wastes, is capable of creating a hazard to life or preventing authorized personnel from entering sewage facilities;

(10) Materials from cesspools, septic tanks, and privies. Chemical toilet waste may be discharged into the city sewer or private sewer system through a side sewer connection at the place of business. Such means of disposal shall be approved by King County wastewater treatment division, the city and the Seattle-King County health department;

(11) Every building, structure or premises used or occupied by any sewer user where any commercial or industrial operations are conducted or permitted which result in the discharge into the sewer system of any products, waste products, or other substances, matter, or liquid in the manner and to the extent prohibited in this section shall be equipped with an adequate and suitable grease trap, filter or other interception device installed in such a manner that the product, waste products, or other substances, materials or liquid herein set forth will not flow into or be discharged into the sanitary sewer system. The grease trap, filter, or other interceptor shall be adequately maintained, readily accessible for inspection by the city at any time to ensure its proper operation, and is subject to terms in Section 15.36.040 of this chapter;

(12) The owner of any vehicle-washing facility shall install and maintain in a proper manner, and at his own expense, an approved grit and oil trap located in the side sewer line subject to terms in Section 15.36.040 of this chapter. (Ord. 3870 § 7, 2002: Ord. 3778 § 1, 2001; Ord. 3086 § 24, 1988: Ord. 874 § 31.0, 1962)

15.36.035 Pretreatment of fats, oils and greases required.

(a)    Dischargers who operate newly constructed or remodeled restaurants, cafes, lunch counters, cafeterias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens; or other establishments that serve or prepare food where grease may be introduced into the sewer system shall have pretreatment facilities to prevent the discharge of fat waste, oil, or grease (FOG). Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers, may be exempted from this requirement, provided their discharges will not violate the general discharge prohibitions of this chapter. These pretreatment facilities must be grease interceptors installed in the waste line leading from sinks, drains, or other fixtures where grease may be discharged. The grease interceptors must meet, at a minimum, the specifications of the current Uniform Plumbing Code adopted by the city at the time of construction. The city is authorized to adopt and publish additional criteria for grease interceptors. Dischargers must maintain these facilities in a manner that will always prevent fat waste, oil, or grease from being carried into the sewer system. Fat waste, oil, or grease removed from such a facility shall not be disposed of in sanitary or storm sewers.

(b)    All existing restaurants, cafes, lunch counters, cafeterias, bars, or clubs; or hotel, hospital, sanitarium, factory or school kitchens or other establishments that prepare food where grease may be introduced into the sewer system which do not have a grease trap or interceptor at time of adoption of the ordinance codified in this chapter shall meet the requirements for grease, oils and fats by either installing a grease trap or interceptor or by providing a FOG management plan which shall include specific disposal practices and proof they are being adhered to no later than January 1, 2002. If any of the aforementioned businesses are sold or leased and the new owners or operators must apply for a new business license they shall be required to install or hook up to a grease removal system within six months or provide a management plan within one month of the time the business license is granted. The public works director shall approve of all management plans or installations of grease removal systems. (Ord. 3778 § 2, 2001)

15.36.040 Washing facilities, grease rack—Pretreatment.

Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities or grease racks and any other dischargers producing grit, sand, oils, or other materials which have the potential of causing partial or complete obstruction of the building sewer or other areas in the sewer system shall install approved interceptors or tanks in accordance with the latest specifications adopted by the city such that excessive amounts of oil, sand and inert solids are effectively prevented from entering the city sewer. (Ord. 3778 § 3, 2001: Ord. 3086 § 25, 1988: Ord. 874 § 32.0, 1962)

15.36.045 FOG pretreatment facilities—Installation and maintenance.

All grease traps, interceptors, oil/water separators, settling tanks and grit traps shall be installed, maintained and operated by the discharger at his own expense. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning must be performed by a service contractor qualified to perform such cleaning. All material removed shall be disposed of in accordance with all state and federal regulations. Certification of maintenance shall be made readily available to the city authorized personnel for review and inspection. If a failure to maintain settling tanks, grit traps, grease interceptors, grease traps or oil/water separators results in partial or complete blockage of the building sewer or other parts of the wastewater utility system, adversely affects the treatment or transmission capabilities of the system, or requires excessive maintenance by the city, the discharger responsible for the facilities shall be subject to the remedies, including enforcement and penalties detailed in this chapter. (Ord. 3778 § 4, 2001)

15.36.050 Compliance with departmental notice.

It is unlawful for any person to discharge or cause to be discharged any waters or wastes into any public sewer after the department of public works has issued notice that such discharge is dangerous or interferes with the sewer system. The issuance of such notice is not required for enforcement under other provisions of this chapter. Restrictions established pursuant to this section are in addition to prohibitions otherwise established in this chapter. As examples, under this section discharge of radioactive wastes or isotopes exceeding certain concentrations might be prohibited; or any wastes containing higher than ordinary concentrations or quantities of pollutants, including, but not limited to, biochemical oxygen demanding pollutants, suspended solids, or abnormal pH and fecal material, may be required to be discharged at a specific release rate or at a specified strength so as to avoid adverse effect on proper handling and treatment. (Ord. 3086 § 27, 1988)

15.36.060 Control manhole for side sewers.

In any property served by a side sewer carrying industrial wastes when required by the city engineer, the owner or occupant shall install a control manhole in the side sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be necessarily accessible and safely located and shall be constructed and installed in accordance with the plans approved by the city engineer. Such manhole shall be installed and maintained by the owner or occupant at his sole expense. (Ord. 874 § 34.0, 1962)

15.36.070 Measurements, tests and analyses—Standard.

All measurements, tests and analyses of the characteristics of waters and waste to which reference is made in this chapter shall be determined in accordance with the standards prescribed in “Standard Methods for the Examination of Water and Sewage,” published jointly by the American Health Association and the American Water Works Association. (Ord. 874 § 35.0, 1962)

15.36.080 Industrial waste surcharge.

The city shall charge each of its customers who are industrial recipients of waste treatment services as required by King County wastewater treatment division, in addition to the user charge, a surcharge in an amount to be determined by King County wastewater treatment division based on the average annual strength and volume of discharge by the industry. The industrial waste surcharge attributable to a customer plus ten percent will be included in the city sewer billing for that customer as set forth in this title in addition to any service rate amounts under Section 15.24.010. (Ord. 3870 § 8, 2002: Ord. 3086 § 29, 1988)

15.36.085 Excess flow surcharge.

The city shall charge each of its customers who are recipients of waste treatment services as required by King County wastewater treatment division, in addition to the user charge, a surcharge in an amount to be determined by King County wastewater treatment division for excess flow from the customer, including inflow/infiltration. The excess flow surcharge attributable to a customer plus ten percent will be included in the city sewer billing for that customer as set forth in this title in addition to any service rate amounts under Section 15.24.010. (Ord. 3870 § 9, 2002: Ord. 3086 § 30, 1988)

15.36.090 Drainage of hard surface or graded areas.

Repealed by Ord. 4058. (Ord. 3086 § 31, 1988: Ord. 874 § 37.0, 1962)

15.36.100 Right of revision.

The city reserves the right to amend this chapter, and any permits issued under it, to provide for more stringent limitations or requirements on discharges to the wastewater utility system if such amendments are deemed necessary to comply with the objectives set forth in Section 15.36.030 of this chapter, or are otherwise in the public interest. No vested right shall be created by the issuance of any permit under this chapter. (Ord. 3778 § 5, 2001)

15.36.110 Entry of private property.

The city or its representative, bearing proper credentials and identification, shall be permitted to enter upon all and any premises at all reasonable times for the purpose of inspection, observation, measurement, sampling, testing of sewers and sewage, and performance of all other acts or duties required within the provisions of this chapter. (Ord. 3778 § 6, 2001)

15.36.120 Standards for discharges and reporting—Enforcement—Penalties.

(a)    Those dischargers subject to national pretreatment standards will be subject to enforcement action in accordance with this chapter for any violations of the criteria and limitations specified in the categorical standard or the general pretreatment standards set forth in 40 CFR 403, as currently written or hereafter amended, which standards are hereby adopted by reference.

(b)    Maximum Daily Concentration Allowed. The maximum daily allowable concentration for dischargers not regulated under national pretreatment standards is violated under the following circumstances:

(1)    The arithmetic mean of concentrations for eight consecutive samples collected within a twenty-four-hour time period over intervals of fifteen minutes or greater is in excess of the limitation.

(2)    The concentration value obtained from a composite sample that is representative of the twenty-four-hour discharge is in excess of the limitation.

(3)    The concentration of any single sample (whether a single grab sample or a sample within a series) exclusive of any fats, oils, and grease exceeds the limitation by a factor of two and one-half times.

(4)    The arithmetic mean of the concentration of fats, oils, or greases for three grab samples, taken no more frequently than five-minute intervals, exceeds the limitation.

(c)    Maximum Allowable Poundage Limitations. A violation shall occur if the maximum allowable effluent poundage limitation as established in the private wastewater discharge permit is exceeded. The daily poundage discharged shall be calculated using the volume of effluent discharged that day times the concentration for that day either reported by the discharger or obtained through sampling by the city. The poundage shall be determined utilizing the formula:

Lb./day = conc. in mg/L x gal./day disch./1,000,000 x 8.34

(d)    Reporting Requirements. A violation shall occur if any reporting requirements established by permit, accidental discharges, upset conditions, written request of the city or authorized representative, or as specified by general pretreatment standards (40 CFR 403.12) are not complied with. A violation shall occur when any person knowingly makes any false statement, representation, or certification in an application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter.

(e)    “FOG” Pretreatment Facility—Maintenance. A violation shall occur if there is any failure to install or maintain grease or grit interceptors, oil/water separators or other required FOG control devices. The lack of any device to prevent discharge of grease, oil, fats, sand, gravel or any other materials which will cause excessive maintenance of the sewer lines shall not relieve the discharger of the responsibility of liability for any costs to city for excessive maintenance and/or other costs incurred by the city.

(f)    Discharge of Dangerous Waste. A violation shall occur if any material listed on the discharge chemical products list of the state of Washington (WAC 173-303-9903) is discharged into any public sewer or building sewer tributary thereto.

(g)    Explosion Meter Readings. A violation shall occur if the reading on an explosion meter at any point in the collection system or wastewater treatment plant is greater than ten percent for a single reading or greater than five percent for two successive readings.

(h)    Termination of Treatment Services—Permit Revocation. The city shall have the authority to terminate wastewater treatment services of the discharger and revoke any permit issued if it determines that the discharger has:

(1)    Failed to accurately report wastewater constituents and characteristics more than once; or

(2)    Failed to report significant changes in wastewater constituents, characteristics, flow volumes or types of discharge to the wastewater treatment plant; or

(3)    Refused reasonable access to the discharger’s premises for purposes of inspection or monitoring; or

(4)    Violated conditions of the wastewater discharge permit; or

(5)    Violated any of the provisions of this chapter, regulations promulgated hereunder, state law or federal law; or

(6)    Violated any lawful order of the city issued with respect to the discharger’s permit or this chapter; or

(7)    Tampers with, disrupts, damages or renders inaccurate any wastewater monitoring device required by this chapter.

(i)    Other Violations.

(1)    If reports required by permit, this chapter or state or federal pretreatment regulations are submitted later than thirty days after they are due, the discharger shall be subject to civil penalties as set forth in Section 5.74.040. In the event the reports have not been submitted at the time the maximum penalty is imposed, the city shall seek remedies under subsection (h) of this section.

(2)    If any of the actions prescribed in any compliance schedule established by permit or by order of the city are not complete within thirty days of the time they are required to be complete, the discharger shall be subject to civil penalties as set forth in Section 5.74.040. In the event the actions have not been completed ninety days after the date scheduled in the permit or order, the city shall seek remedies under subsection (h) of this section.

(3)    If a discharger fails to maintain grease, oil and/or sand removal systems, which results in the city having to perform the maintenance of the collection system or treatment plant, the discharger shall be subject to the applicable civil penalty set forth in Section 5.74.040, which shall be added to the costs incurred by the city to perform the maintenance. If the city must perform any maintenance for that discharger a second time within a three-year period, the penalty shall be the applicable civil penalty set forth in Section 5.74.040, which shall be added to the costs of maintenance by the city. In the event the city having to perform any maintenance for that discharger continues, the city shall seek remedies under subsection (h) of this section.

(4)    Failure to provide accurate or complete information on any wastewater discharge reports or the requirements of a discharge permit shall result in a civil penalty as set forth in Section 5.74.040. Thereafter, the discharger shall be subject to remedies under subsection (h) of this section.

(5)    In addition to the assessments described in this section, any costs incurred by the city, including but not limited to attorney’s fees, shall be added to the total amount of the civil penalty assessment.

(j)    Enforcement Process and Appeals.

(1)    In the event the city determines there is a violation of this chapter, the public works director, or his or her designee, shall issue a written notice of civil infraction to the discharger with the following information:

(A)    The name and address of the person(s) responsible for the violation;

(B)    The street address or description of the property where the violation is occurring;

(C)    A description of the violation and a reference to the provision of this chapter which has been violated;

(D)    The required corrective action and a date and time by which the correction must be completed;

(E)    A statement of the fines for failure to comply with the notice of civil infraction by the stated compliance date.

(2)    The notice of civil infraction shall be personally served or sent by regular and certified mail to the discharger’s address.

(3)    The discharger may appeal the issuance of the notice of civil infraction by submitting a written appeal to the city no later than fourteen days after receipt of the notice of civil infraction.

(4)    Appeals shall be heard by the hearing examiner pursuant to the process set forth in Section 1.12.050; provided, that the hearing shall be conducted as an appeal from the notice of civil infraction issued under this chapter.

(5)    If the discharger does not complete corrective action or file an appeal of the notice of civil infraction within fourteen days after receipt of the notice of civil infraction, the city shall assess fines against the violator. The fines assessed are set forth in Section 5.74.040; provided, that if that section does not specify a fine for a particular violation, the fine shall be one hundred dollars per day for a maximum of sixty days.

(6)    A discharger against whom fines are assessed for failure to maintain approved FOG pretreatment facilities may apply to the department of public works to offset the amount of the fines assessed against the cost of installing approved FOG pretreatment facilities. As part of the application, the discharger shall submit proof of the cost incurred in installing the approved FOG pretreatment facilities. The complete offset application must be filed with the city within forty-five days of the hearing examiner decision (if there is an appeal) or within forty-five days of expiration of the applicable appeal period (if there is no appeal). The director of public works, or his or her designee, shall review the application and the installation to ensure that the required FOG pretreatment facilities have been properly installed. If so, the director shall grant the offset in the amount of the documented installation costs; provided, that the amount of the offset shall not exceed the amount of the assessed fines. (Ord. 4432 § 1, 2014: Ord. 4215 § 10, 2009: Ord. 3778 § 7, 2001)