Chapter 14.20 WASTEWATER PRETREATMENT

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

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

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

(c) To ensure that the quality of the wastewater treatment plant biosolids is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations;

(d) To protect POTW personnel who may be affected by wastewater, wastewater solids, and biosolids in the course of their employment and to protect the general public;

(e) To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW.

(2) This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge authorizations; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 2072 § 1.1, 1996).

14.20.020 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 other city of Marysville personnel. (Ord. 2072 § 1.2, 1996).

14.20.030 Definitions.

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

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

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

(3) “Administrative penalty (fine)” means a punitive monetary charge unrelated to treatment cost, which is assessed by the director rather than a court.

(4) “Applicable pretreatment standards,” for any specified pollutant, means Marysville prohibitive standards, Marysville specific pretreatment standards (local limits), state of Washington pretreatment standards, or EPA’s categorical pretreatment standards (when effective), whichever standard is appropriate and most stringent.

(5) “Approval authority” means the state of Washington Department of Ecology.

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

(a) If the user is a corporation:

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

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

(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively;

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

(d) The individuals described in subsections (6)(a) through (c) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

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

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

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

(10) “Categorical user” means a user covered by one of EPA’s categorical pretreatment standards.

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

(12) “City” means the city of Marysville, Washington.

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

(14) “Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.

(15) “Common interceptor” means one or more interceptors receiving FOG wastewater from more than one establishment.

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

(17) “Director” means the director of the city of Marysville public works department, or his duly authorized representative.

(18) Discharge Authorization. See “Wastewater discharge authorization.”

(19) “Domestic user (residential user)” means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day at 220 mg/l of BOD and TSS.

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

(21) “Existing source,” for a categorical industrial user, is any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

(22) “Existing user,” for noncategorical users, is defined as any user which is discharging wastewater prior to the effective date of the ordinance codified in this chapter.

(23) “Fats, oils and grease (FOG)” means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, 19th Edition, 1992, Section 5520. The term “fats, oils and grease” shall include polar and non polar fats, oils, and grease.

(24) “Food service establishment (FSE)” means any establishment, commercial or noncommercial, primarily engaged in preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing more than two days per week and that discharges to the POTW.

(25) “Grab sample” means a sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time.

(26) “Grease removal system (GRS)” means a grease interceptor or grease trap.

(27) “High strength waste” means any waters or wastewater having a concentration of BOD or total suspended solids in excess of 220 mg/l.

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

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

(30) “Local discharge limitations” means enforceable local standards developed by the city of Marysville. The standards are expressed in units of concentration as milligrams of pollutant per liter of solution.

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

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

(33) “New source” means:

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

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

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

(iii) 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.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source, if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (33)(a)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

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

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

(B) 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

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

(34) New User. A “new user” is not a “new source” and is defined as a user that applies to the city for a new building permit or any person who occupies an existing building and plans to discharge wastewater to the city’s collection system after the effective date of the ordinance codified in this chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an “existing user” if no significant changes are made in the operation.

(35) “Non-FSE FOG discharger (NFD)” means any establishment, such as a church, synagogue, worship hall, banquet facility, or meeting space, nursing homes, hotel conference spaces with a commercial-style kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing two days a week or less and that discharges to the POTW.

(36) “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, is a cause of a violation of any requirement of the city’s NPDES authorization (including an increase in the magnitude or duration of a violation).

(37) “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, or local governmental entities.

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

(39) “Pollutant” means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, or odor).

(40) “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).

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

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

(43) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in MMC 14.20.050.

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

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

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

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

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

(49) Shall, May. “Shall” is mandatory, “may” is permissive.

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

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

(b) A user that:

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

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

(iii) Is designated as such by 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;

(c) Upon a finding that a user meeting the criteria in subsection (50)(b) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, determine that such user should not be considered a significant industrial user.

(51) “Slug load” means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in MMC 14.20.050 through 14.20.080 or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, or any discharge greater than or equal to five times the amount or concentration allowed by authorization or this chapter.

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

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

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

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

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

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

(58) Treatment Works. See “Publicly owned treatment works (POTW).”

(59) “User” or “industrial user” means a source of indirect discharge. The source shall not include “domestic user” as defined herein.

(60) “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.

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

(62) “Wastewater treatment plant” or “treatment plant” means that portion of the POTW which is designed to provide treatment of municipal sewage and authorized industrial waste.

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Ord. 3222 § 1 (Exh. A), 2022; Ord. 2072 § 1.3, 1996).

14.20.040 Abbreviations.

The following abbreviations shall have the designated meanings:

AKART All known available and reasonable technology

ASPP Accidental spill prevention plan

BMPs Best management practices

BOD Biochemical oxygen demand

CFR Code of Federal Regulations

COD Chemical oxygen demand

EPA U.S. Environmental Protection Agency

FOG Fats, oils, and grease

FSE Food service establishment

gpd gallons per day

GRS Grease removal system

l liter

LEL Lower explosive limit

mg milligrams

mg/l milligrams per liter

NFD Non-FSE FOG discharger

NPDES National Pollutant Discharge Elimination System

O and M Operation and maintenance

POTW Publicly owned treatment works

RCRA Resource Conservation and Recovery Act

SIC Standard Industrial Classifications

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

TSS Total suspended solids

U.S.C. United States Code

(Ord. 3222 § 1 (Exh. A), 2022; Ord. 2072 § 1.4, 1996).

Article II. General Requirements

14.20.050 Prohibited discharge standards.

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

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

(a) 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 centigrade) using the test methods specified in 40 CFR 261.21;

(b) Wastewater having a pH less than 5.5 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;

(c) 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;

(d) Pollutants, including oxygen-demanding pollutants (BOD, COD, 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;

(e) Wastewater having a temperature 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 104 degrees Fahrenheit (40 degrees centigrade) unless the director, upon the request of the user, approves alternate temperature limits. In no case shall wastewater having a temperature greater than 150 degrees Fahrenheit be discharged to the collection system;

(f) Petroleum oil, nonbiodegradable cutting oil, solvents, or products of mineral oil origin, in amounts that will cause interference or pass through;

(g) 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;

(h) Trucked or hauled pollutants, including sanitary wastes and grease wastes, unless authorized by the director;

(i) 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;

(j) 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 authorization. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life;

(k) Wastewater containing any radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable state or federal regulations;

(l) Storm water, 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;

(m) Any sludges, screenings, or other residues from the pretreatment of industrial or commercial wastes or from industrial or commercial processes, except as authorized by the director;

(n) Medical wastes, except as specifically authorized by the director;

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

(p) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

(q) Any liquid, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion meter, at the point of discharge into the system (or at any point in the system), be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter;

(r) Animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, styrofoam, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;

(s) Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits;

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

(u) The contents of any tank or other vessel owned or used by any person in the business of collecting or pumping sewage, effluent, septage, or other wastewater;

(v) Any hazardous or dangerous wastes as defined in rules published by the state of Washington (Chapter 173-303 WAC) and/or in EPA rules 40 CFR Part 261;

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

(x) Any slug load;

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

(z) Fats, oils and grease in amounts that may cause obstructions or maintenance problems in the collection/conveyance system, or interference in the POTW;

(aa) Waste antifreeze (ethylene glycol, etc.);

(bb) Flow from an individual industrial facility in excess of 120,000 gpd without written permission of the director;

(cc) BOD or TSS from an individual industrial or commercial facility in excess of 750 mg/l measured at the point of connection with the city system.

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. 2072 § 2.1, 1996).

14.20.060 Federal categorical pretreatment standards.

The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 – 471 are incorporated herein by reference as if set forth in full in this chapter. (Ord. 2072 § 2.2, 1996).

14.20.070 State requirements.

State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable ordinances. (Ord. 2072 § 2.3, 1996).

14.20.080 Local discharge limitations.

(1) The following discharge limitations are established to prevent site-specific treatment plant and environmental problems. The local discharge limitations under this section are in force for all nondomestic users of the city’s wastewater treatment plant. Local discharge limitations for the city are established using the allowable headworks loading method in accordance with the following EPA documents:

(a) Guidance Manual on the Development and Implementation of Local Discharge Limitations under the Pretreatment Program (1987);

(b) Supplemental Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program (1991);

(2) The following local discharge limitations are based on a technical analysis of the total loading of pollutants to the river watershed and the requirements of the Washington State Water Quality Standards (Chapter 173-201A WAC). Biosolids protection criteria in accordance with 40 CFR Part 503 final rule signed November 25, 1993. The technical report used in the derivation of the local discharge limitations as established herein are available from the director. Wastewater containing total recoverable metals in concentrations exceeding these local discharge limitations shall not be discharged to the city’s collection system or treatment works.

LOCAL DISCHARGE LIMITATIONS

24-Hour Flow Proportional

Pollutant Composite Sample

Arsenic 0.71 mg/l

Cadmium 0.70 mg/l

Chromium 1.47 mg/l

Copper 0.50 mg/l

Lead 0.52 mg/l

Mercury 0.10 mg/l

Nickel 1.48 mg/l

Zinc 1.67 mg/l

Cyanide TBD

Silver 0.47 mg/l

TBD = To be determined upon completion of testing and analysis.

(3) Local discharge limitations apply at the point where wastewater is discharged to the collection system for all users. Local discharge limitations are in force at all monitoring facilities required under MMC 14.20.550. The director, at his option, may elect to have local discharge limitations apply after pretreatment and prior to mixing with other wastewater generated within an individual industrial facility.

(4) Local discharge limitations are expressed in units of milligrams of contaminant per liter of solution. The total mass or concentration of the constituent ion shall be limited under these maximum allowable discharge limitations without regard to oxidation state or chelation status. Where the user is subject to a categorical pretreatment standard or a specific discharge limitation under a state waste discharge authorization, the more stringent limit or pretreatment standard shall apply. (Ord. 2072 § 2.4, 1996).

14.20.090 Petroleum contaminated ground water.

(1) Persons seeking to discharge petroleum contaminated ground water to the collection system or treatment works shall obtain a state waste discharge permit for the proposed action in accordance with Chapter 173-216 WAC. The city reserves the right to impose more stringent requirements on the proposed discharge. Prior to discharging petroleum contaminated ground water to the collection system or treatment works, a written discharge authorization shall be obtained from the city of Marysville in accordance with Article III of this chapter.

(2) No petroleum contaminated ground water shall be discharged to the city’s collection system or treatment plant except in accordance with a written discharge authorization from the director. Persons requesting authorization to discharge petroleum contaminated ground water to the POTW shall accompany the written request with a detailed engineering report signed by a professional engineer licensed in the state of Washington. The report shall detail the pretreatment technology proposed for the subject discharge. In addition, detailed information shall be submitted on the rate, duration and volume of flow proposed for treatment at the POTW. User charges for treatment of petroleum contaminated ground water shall be determined by the director. The director, at his option, may refuse to authorize discharge of any or all petroleum contaminated ground water. (Ord. 2072 § 2.5, 1996).

14.20.100 City’s right of revision.

The city reserves the right to establish, by ordinance or in an amended application, more stringent standards or requirements on discharges to the POTW. (Ord. 2072 § 2.6, 1996).

14.20.110 Special agreement.

(1) The city may enter into agreements with significant industrial users to accept conventional pollutants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Users with BOD or TSS levels higher than 220 mg/l must have a written agreement with the city before commencing discharge. Within such agreements, the city may establish terms of the user’s discharge to the POTW, including maximum flow rates. The city may also establish fees to recover costs associated with treating such wastes and the cost of monitoring to verify operation in accordance with agreements.

(2) The adoption of fees shall be in accordance with MMC 14.20.800. In no case shall the discharge of conventional pollutants be allowed where the strength of such pollutants exceeds 750 mg/l BOD or 750 mg/l TSS.

(3) The city may also establish user group classifications for the purpose of establishing an equitable rate structure. User groupings will be based on wastewater strength measured by the conventional tests for BOD and TSS. Nondomestic users will be assigned to user groups in accordance with a standard schedule developed by the city based on typical waste strength for BOD and TSS. In no case shall a user group be established where BOD and/or TSS exceeds 750 mg/l.

(4) Nondomestic users may be assigned to user groups in accordance with the determination of the director. These nondomestic users may discharge wastewater to the treatment works without a written agreement. However, the user fees applicable to the assigned user group classification must be paid in accordance with the current rate structure adopted by the city. In no case shall the conventional waste strength of any user group classification exceed 750 mg/l BOD or 750 mg/l TSS.

(5) Users discharging or intending to discharge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the director that such pollutants are compatible with the POTW. These cases will be handled on a case-by-case basis by the director. Written approval is required prior to introducing such wastes into the treatment works. Appropriate fees may apply in accordance with the determination of the director.

(6) In no case will a special agreement waive compliance with state or federal pretreatment requirements or standards, including categorical standards. (Ord. 2072 § 2.7, 1996).

14.20.120 Dilution.

User shall not increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on users which he believes may be using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 2072 § 2.8, 1996).

14.20.130 General pretreatment facilities.

(1) Users shall provide all known, available, and reasonable methods of prevention, control, and treatment (AKART) as required to comply with this chapter and shall achieve compliance with all applicable pretreatment standards and requirements set out in this chapter within the time limitations specified by the EPA, the state, or the director, whichever is more stringent. Users other than significant industrial users (SIUs), subject to this chapter are as follows:

(a) Grease Control/Pretreatment. Measures to control, recycle, remove or pretreat for grease that are applicable to food service establishments, are subject to MMC 14.20.150 for fats, oils, and grease (FOG) control.

(b) Automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities (including pressure washing and steam cleaning) or any other dischargers producing grit, sand, silt, oils, lint, or other materials which have the potential of causing partial or complete obstruction of the building site sewer or other areas in the POTW shall install approved interceptors, oil/water separators, coalescing plate treatment, or settling tanks in accordance with specifications adopted by the city of Marysville such that excessive amounts of oil, sand, silt, and inert solids are effectively prevented from entering the POTW.

(c) Dental facilities or any other dischargers with the potential to discharge mercury from amalgam shall install an approved amalgam separator or shall demonstrate the lack of need for an amalgam separator in accordance with specifications adopted by the city of Marysville such that mercury is effectively prevented from entering the POTW.

(d) Any other commercial user determined to discharge or to have the potential to discharge waste that contains constituents that may impact the function of POTW as determined by the city.

(2) Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense.

(3) In addition, the director may establish best management practices (BMPs) for particular groups of users. These BMPs may include, but are not limited to, types or methods of pretreatment technology to be used, methods of source control, minimum maintenance requirements, dragout prevention practices, good housekeeping, spill prevention practices, or other requirements as deemed necessary.

(4) When required by the director, an engineering report, including detailed plans showing the pretreatment facilities and operating procedures, shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this chapter.

(5) Within 90 days after the completion of the wastewater pretreatment facility, the discharger shall furnish as-built drawings and its operations and maintenance procedures. Any subsequent significant changes in the pretreatment facility or method of operation shall be reported to and approved by the director prior to the initiation of the changes.

(6) New sources and new users determined to be significant industrial users (SIUs) must have pretreatment facilities installed and operating prior to discharge, if required.

(7) All facilities required to pretreat wastewater to a level acceptable to the city 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, or in a manner approved by the director. All material removed shall be disposed of in accordance with all state and federal regulations. Records and certification of maintenance shall be made readily available to the director for review and inspection and must be maintained for a minimum of three years unless otherwise outlined in MMC 14.20.150.

(8) If a failure to maintain facilities required to pretreat wastewater to a level acceptable to the city results in partial or complete blockage of the building sewer, private sewer system discharging to the city sewer system, or other parts of the city sewer system, or adversely affects the treatment or transmission capabilities of the POTW, or requires excessive maintenance by the city, or poses a possible health hazard, the discharger responsible for the facilities shall be subject to the remedies imposed by this chapter including cost recovery, enforcement and penalties. (Ord. 3222 § 1 (Exh. A), 2022; Ord. 2072 § 2.9, 1996).

14.20.140 Deadline for compliance with applicable pretreatment requirements.

See MMC 14.20.390 for compliance schedule requirements.

(1) Compliance by existing sources (categorical users) covered by categorical pretreatment standards shall be as specified in the appropriate standard. The city shall establish a final compliance deadline date for any categorical user when the local limits for said user are more restrictive than EPA’s categorical pretreatment standards. The city may establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards.

(2) New source dischargers, and “new users” that are determined to be significant industrial users (SIUs), are required to comply with applicable pretreatment standards within the shortest feasible time as determined by the director (not to exceed 90 days from the beginning of discharge). New sources, and “new users” that are determined to be significant industrial users (SIUs), shall install and have in operating condition and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.

(3) Any wastewater discharge authorization issued to a categorical user shall not contain a compliance date beyond any deadline date established in EPA’s categorical pretreatment standards.

(4) Any other existing user that is considered to be an SIU, or a categorical user that must comply with a more stringent local limit, which is in noncompliance with any local limits shall be provided with a compliance schedule to insure compliance within the shortest time feasible. A compliance schedule may be included in the subject user’s discharge authorization. In no case shall compliance with the city’s local discharge limitation exceed two years from the date of adoption of a said limit by the city.

(5) All existing commercial and industrial users not determined by the director to be significant industrial users (SIUs) shall have one year to comply with the requirements of this chapter. Users not considered as significant industrial users may request in writing an extension of the requirement for compliance. Such extensions will be authorized by the director only for good cause. An extension of the compliance deadline is valid only upon receiving written authorization from the director.

(6) A specific compliance schedule for pretreatment facilities for sources of fats, oils and grease is included in MMC 14.20.150.

(7) Contracts between the city of Marysville and any user or sewer utility customer that are in existence on the effective date of the ordinance codified in this chapter shall remain in full force and effect until the termination date of such contract. Each section and subsection of this chapter that is not in direct conflict with an existing contract shall become in effect immediately upon the effective date of the ordinance codified in this chapter. Application and enforcement of any section or subsection that is in direct conflict with existing contracts shall be deferred for the duration of the existing contract. Where specific requirements of this chapter are not specifically prohibited or addressed under the requirements of an existing contract, the presumption shall be that an existing contract allows imposition and enforcement of the specific requirements of this chapter. Where an existing contract is in conflict with any state or federal regulation or standard, the subject contract shall be renegotiated so that compliance with the state and federal requirements is achieved. Contracts not in conformance with this chapter or any state or federal regulation or standard shall not be renewed without modifications to bring such contracts into compliance therewith. (Ord. 2072 § 2.10, 1996).

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

(1) General.

(a) It shall be unlawful for any food service establishment or other person to discharge, or cause to be discharged, processing wastewater to the collection system or POTW which contains oils, greases, solids, or liquids sufficient to cause obstruction or otherwise interfere with the proper operations of the POTW or collection system.

(b) It shall also be unlawful for any food service establishment or other person to dispose of any grease waste or processing waste containing oils, greases, solids, or liquids and discharge said waste into any drainage piping, public or private sanitary sewer or storm drainage system, sufficient to interfere with the proper operation of that system, or to discharge said waste to any land, street, public way, river, stream, or other waterway.

(c) It shall further be unlawful for any person to allow liquid waste to accumulate on his property or in his possession which is injurious to public health or emits offensive odors.

(d) It shall be unlawful for any person to utilize any chemical emulsifying agent for the purpose of hindering or eliminating the interception of fats or grease prior to entering the city’s wastewater collection system.

(e) Food service establishments and other facilities described in subsection (3) of this section discharging wastewater shall install, operate, clean, and maintain a sufficiently sized oil and grease, water and solids separator (herein called grease interceptor) necessary to achieve compliance with requirements set forth under this provision.

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

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

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

(2) Waste Discharge Requirements.

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

(b) No sanitary wastes from toilets, urinals, or other similar fixtures may be discharged through any grease waste interceptor. All wastes shall enter the interceptor through the inlet pipe only. The wholesale shredding of food wastes into any fixture which discharges to a grease waste interceptor is prohibited.

(3) Pretreatment Required. All FSEs and NFDs shall have an adequate grease removal system installed and exercise proper kitchen best management practices to ensure that excess concentrations of FOG are not discharged to the POTW.

(4) Design. GRSs shall be designed, sized, located and constructed in accordance with the city’s engineering design and development standards (EDDS) or as provided by the director or designee.

(5) New Construction. All new construction FSEs and NFDs shall submit kitchen fixture plan views and kitchen waste plans showing all potential grease-discharging lines, all GRSs, and connecting piping to the director or his designee for approval prior to construction. The plumbing shall be installed in accordance with the approved plans. Failure to submit plans or construct in accordance with approved plans is a violation of this chapter.

(a) All new single-occupancy food service establishment buildings shall be constructed with properly sized interceptor-style grease removal systems. Where bona-fide space or gradient limitations make the use of an interceptor-style GRS impractical, and with prior approval of the director, an FSE may install properly sized trap-style GRSs. All kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GRS (except the dishwasher if a trap-style GRS is installed). If a trap-style GRS is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit installed.

(b) All new construction multi-tenant buildings (strip centers) shall include a separate waste line for all leasable spaces that discharges to a common 2,000-gallon or larger interceptor. This waste line shall be permanently marked to identify it as required by the director. When a space is leased, sold, or rented to an FSE or NFD, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this waste line; no domestic sewage may be connected to this line. The property owner shall be responsible for proper maintenance of this interceptor in accordance with the provisions of this chapter.

(c) All new single-occupancy non-FSE FOG discharger buildings shall install a properly sized GRS. Interceptor-style GRSs are recommended, but trap-style GRSs are permissible. All kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GRS (except the dishwasher if a trap-style GRS is installed). If a trap-style GRS is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit installed.

(d) Any FSE or NFD undertaking a substantial remodel or tenant improvements will be considered to be new construction for the purposes of this chapter.

(6) Existing Dischargers of Grease Wastes. Any existing FSE or NFD without a functional GRS shall be required to install one. The type of GRS required will be determined by the director, taking into account cost, available space and gradient, history of impacts and maintenance to the sewer collection system, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GRS (except the dishwasher if a trap-style GRS is installed). If a trap-style GRS is installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or similar unit installed.

(7) Source Control.

(a) All food establishments which deep fry, pan fry or otherwise generate liquid or semisolid restaurant grease shall maintain a container on site for containment of liquid and semisolid grease wastes. This liquid or semisolid grease shall be transported to an approved rendering plant.

(b) In no case shall free liquid grease be disposed of directly into fixtures which are connected to the sewer system.

(c) Unused butter, margarine, or other solid grease products shall not be discharged to the sewer system through garbage disposals or other means. No exceptions to the prohibitions of this subsection are allowed for fixtures which discharge to the sewer system through an approved grease interceptor.

(d) Hauling and recycling of restaurant grease shall be accomplished at a facility holding a state rendering permit.

(8) Additives.

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

(b) The use of additives as a supplement to grease interceptors may be authorized by the director. The director will provide a specific written protocol for testing of additives proposed for use as supplements for grease interceptor or sewer line maintenance. Completion of the testing protocol to the satisfaction of the director at the expense of the grease generator is required prior to use of any additive.

(c) A written authorization from the director shall be obtained after completion of the testing protocol to verify that no objection is taken to the use of the proposed additive. In no case shall any additive which emulsifies fats, oils or grease be used. The city will provide a written test procedure for determination of emulsifying agents.

(9) Grease Removal System Maintenance.

(a) Each facility required to install and maintain a GRS under this chapter shall provide regular maintenance of said GRS to the satisfaction of the director in an accordance with the requirements set forth in this chapter.

(b) Trap style GRSs shall be inspected and cleaned no less than once per month. Trap-style GRSs may be maintained by the FSE or NFD. When cleaned, the trap must have surface grease and oil removed, settled solids removed, all sides scraped, removable parts removed and cleaned, be inspected for damage and corrosion, and be properly reassembled. If repairs are required, they shall be performed within seven days. Maintenance and cleaning records must be kept on site and readily accessible for a period of 12 months.

(c) The material that is removed in the process of cleaning a GRS shall not be discharged back into the GRS, any part of the POTW, any private sewer, any drainage piping, or storm sewer system. All materials removed shall be handled and disposed of in accordance with federal, state, county and local laws, rules and regulations.

(d) In addition to the maintenance required above, automatic grease removal systems shall be maintained in accordance with the manufacturers’ guidelines.

(e) Each person who removes grease waste from the grease interceptor style GRS shall, to the extent technically and mechanically possible, remove the entire content of the grease interceptor.

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

(ii) Grease Removal and Grease Interceptor Pumping Frequency. All grease interceptors must be pumped out completely once every three months, or more frequently, as required by the director. Exception to this minimum frequency of pumping may be made with special written approval from the director for generators of small quantities of grease wastes. In no case shall the frequency of pumping be less than once every six months.

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

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

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

(vi) Maintenance Reporting. The information required in the maintenance log shall be submitted to the control authority annually or as specified by POTW personnel. The reporting period is January 1st through December 31st of each year. The report shall be submitted within 30 days after the end of the reporting period.

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

(10) Repealed by Ord. 3222.

(11) Inspection and Entry.

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

(b) All GRSs shall be made accessible for inspection.

(c) Any and all premises and vehicles used by any person performing grease waste handling and any and all records of such person which relate to such person’s grease waste handling activities shall be subject to inspection by the director for the purpose of determining compliance with this chapter. (Ord. 3222 § 1 (Exh. A), 2022; Ord. 2072 § 2.11, 1996).

14.20.160 Additional pretreatment measures.

(1) 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.

(2) When determined necessary by the director, each user discharging into the POTW shall install and maintain, on his property and at his expense, a suitable storage and flow-control facility to insure equalization of flow. The director may require the facility to be equipped with alarms and a rate of discharge controller, the regulation of which shall be determined by the director. A wastewater discharge authorization (DA) may be issued solely for flow equalization.

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

(4) When a new building is constructed without a tenant, and has any sewers which are intended to serve wastes other than sanitary or domestic waste, a multiple compartment interceptor approved by the director shall be installed. (Ord. 2072 § 2.12, 1996).

14.20.170 Accidental spill prevention program/slug load control plan.

Each discharger shall provide protection from accidental discharge of materials or substances prohibited or limited under this chapter into the municipal sewer system or into waters of the state. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger’s cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the director for review, and shall be approved by the director before construction of the facility. Each discharger, where requested by the director, shall complete its plan and submit same to the director within 90 days of being notified by the director. No discharger who discharges to the municipal sewer system after the aforesaid date shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the director. Review and approval of such plans and operating procedures by the director shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.

(1) Any user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following:

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

(b) Description and itemization of stored chemicals;

(c) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in MMC 14.20.050 through 14.20.080; 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.

(2) Accidental Spill Prevention Plan (ASPP)/Slug Load Control Plan Format. All users required to develop and implement an ASPP/slug load plan shall provide the required plan in a specific format. The format to be used in the plan submittal is contained in Appendix 4 of the EPA Region X guidance manual entitled Guidance Manual for the Development of an Accidental Spill Prevention Program. The director will review each plan submittal for completeness. If the director identifies any deficiencies in the plan it will be returned with specific deficiencies identified. The plan shall be modified to address the deficiencies noted and resubmitted for approval. Resubmittal shall be accomplished within six weeks of the return of a deficient plan.

(3) Notification. Dischargers shall notify the director immediately upon the occurrence of a slug load or accidental discharge of substances prohibited by this chapter. Notification by telephone call shall be followed within five days by a written report containing the following information:

(a) Location of discharge;

(b) Date and time thereof;

(d) Concentration and volume;

(e) Corrective actions.

Any discharger who discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the municipal sewer system in addition to the amount of any fines imposed by the director on account thereof under the requirements of this chapter.

(4) Within five days following an accidental discharge, the user shall submit to the director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.

(5) Signs shall be permanently posted in conspicuous places on the user’s premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. (Ord. 2072 § 2.13, 1996).

14.20.180 Septic tank wastes.

No septic tank wastes shall be discharged to the sewer system or treatment plant. (Ord. 2072 § 2.14, 1996).

14.20.190 Monitoring of wastewater discharges.

(1) The director may require monitoring and periodic monitoring reports from any nondomestic discharger. Such monitoring will be performed at the expense of the discharger and in accordance with a schedule specified by the director. Such monitoring shall be required where the director determines that there is a reasonable possibility that the user may not be in compliance with this chapter. Monitoring and reporting requirements for users who are not considered as significant industrial users shall conform with MMC 14.20.390(6), (7) and (8), and 14.20.470. Results of monitoring shall be forwarded to the director in accordance with the director’s specifications.

(2) Recreational Vehicle (RV) Wastewater.

(a) Wastewater from individual recreational vehicles shall be discharged to the treatment works only at sites approved in writing by the director. RV wastewater may also be discharged to collection facilities designed for this use and owned and operated by the city of Marysville. The city may eliminate city-owned RV wastewater sites at any time for any reason.

(b) Commercial operators and all other persons seeking to develop, operate and own RV dump stations must obtain approval from the director in writing prior to construction and operation of such facilities. Persons operating RV dump sites at the time of adoption of the ordinance codified in this chapter shall make themselves known to the director within three months of adoption of the ordinance codified in this chapter and request permission to continue operation.

(c) The city may establish such fees as deemed necessary for operation of approved RV wastewater sites. (Ord. 2072 § 2.15, 1996).

14.20.200 Garbage disposal/garbage grinders.

The use of garbage disposal units or garbage grinders for the wholesale disposal of garbage, paper products or styrofoam products to the sewer system is prohibited. The installation or use of garbage grinders/garbage disposal units with rated motor power greater than three-quarter horsepower is prohibited. All garbage grinder/garbage disposal units with motors greater than three-quarter horsepower at the time of adoption of the ordinance codified in this chapter shall be removed within six months of adoption of the ordinance codified in this chapter. More than one grinder/disposal unit per commercial/industrial connection shall require the approval of the director. (Ord. 2072 § 2.16, 1996).

14.20.210 Dangerous waste regulations.

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

(a) Obtain a written authorization to discharge the waste from the director, and either obtain specific authorization to discharge the waste in a state waste discharge permit issued by the Department of Ecology, or accurately describe the wastestream in a temporary permit obtained pursuant to RCW 90.48.165. The description shall include at least:

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

(ii) The mass of each constituent expected to be discharged;

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

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

(i) Before discharge for new users;

(ii) Within 30 days after becoming aware of a discharge of dangerous wastes to the POTW for existing users; and

(iii) Within 90 days after final rules identifying additional dangerous wastes or new characteristics or criteria of dangerous waste are published for users discharging a newly listed dangerous waste.

(2) Requirements for Participation in Local Hazardous Waste Management Program. All commercial users of the treatment works owned and operated by the city of Marysville shall participate in the local hazardous waste management program for Snohomish County. All reasonable efforts shall be made to reduce and recycle waste liquids and small quantity wastes generated in the business environment. Disposal of small quantities of hazardous wastes to the sewer system and treatment works is prohibited. Small quantity generators (SQGs), as defined in Chapter 173-303 WAC, shall ensure delivery of all dangerous wastes to a permitted waste management facility, legitimate recycler, facility that beneficially uses or reuses it, a permitted municipal or industrial solid waste facility (with prior consent of operator) or in accordance with local moderate risk waste plans developed by Snohomish County. (Ord. 2072 § 2.17, 1996).

Article III. Wastewater Discharge Authorization Requirements

14.20.220 Required.

(1) No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge authorization from the director. Any violation of the terms and conditions of a wastewater discharge authorization shall be deemed a violation of this chapter and subjects the authorization to the sanctions set out in this chapter. Obtaining a wastewater discharge authorization does not relieve a user of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law. The director at his sole discretion will determine which discharger is a significant industrial user.

(2) The director may require other users to obtain wastewater discharge authorizations (as necessary) to carry out the purposes of this chapter. (Ord. 2072 § 3, 1996).

14.20.230 Existing SIU.

Any SIU that was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter and that wishes to continue such discharges in the future shall, within 60 days after notification by the director, submit an authorization application to the city in accordance with MMC 14.20.260, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of notification except in accordance with a wastewater discharge authorization issued by the director. (Ord. 2072 § 3.1, 1996).

14.20.240 New source and “new user.”

At least 90 days prior to the anticipated start-up, new sources, sources that become a user subsequent to the promulgation of an applicable categorical pretreatment standard, and “new users” that are determined to be significant industrial users (SIU) shall apply for a wastewater discharge authorization and will be required to submit to the city at least the information listed in MMC 14.20.260(1) through (5). A new source, or “new user” that is determined to be a significant industrial user (SIU), cannot discharge without first receiving a wastewater discharge authorization from the city. New sources, and “new users” that are determined to be significant industrial users (SIUs), shall also be required to include in their application information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. New sources, and “new users” that are determined to be significant industrial users (SIUs), shall give estimates of the information requested in MMC 14.20.260(4) and (5). (Ord. 2072 § 3.2, 1996).

14.20.250 Extrajurisdictional users.

Any existing user located beyond the city limits required to obtain a wastewater discharge authorization shall submit a wastewater discharge authorization application as outlined in MMC 14.20.230. New source, and “new users” that are determined by the director to be significant industrial users (SIUs), located beyond the city limits required to obtain a wastewater discharge authorization shall comply with MMC 14.20.240. (Ord. 2072 § 3.3, 1996).

14.20.260 Application contents.

All users required to obtain a wastewater discharge authorization must submit, at a minimum, the following information. The director shall approve a form to be used as an authorization application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b).

(1) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners. The user shall provide the Standard Industrial Classification (SIC) number for the facility.

(2) Authorizations. The user shall submit a list of any environmental control authorizations held by or for the facility.

(3) Description of Operations. The user shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such industrial user, including 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; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.

(4) Flow Measurement.

(a) Categorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Regulated or manufacturing process streams; and

(ii) Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).

(b) Noncategorical User. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the director.

(ii) The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurements of Pollutants.

(a) Categorical User.

(i) The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.

(ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the categorical pretreatment standard or as required by the city of regulated pollutants in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Article V of this chapter.

(iii) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

(iv) Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a categorical pretreatment standard this adjusted limit along with supporting data shall be submitted as part of the application.

(b) Noncategorical User.

(i) The user shall identify the applicable pretreatment standards for its wastewater discharge.

(ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the city) of regulated pollutants contained in MMC 14.20.050 through 14.20.080, as appropriate in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in Article V of this chapter.

(iii) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.

(iv) Where the director developed alternate concentration or mass limits because of dilution this adjusted limit along with supporting data shall be submitted as part of the application.

(6) Certification. A statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in MMC 14.20.270, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.

(7) Compliance Schedule. If additional pretreatment and/or O and M will be required to meet the applicable pretreatment standards, the city will establish the shortest schedule by which the user will provide such additional pretreatment and/or O and M modifications. The schedule shall conform with the requirements of MMC 14.20.400. The completion date in this schedule shall not be later than the compliance date established pursuant to MMC 14.20.150.

(a) Where the user’s categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this section, the information required by subsections (6) and (7) of this section shall pertain to the modified limits.

(b) If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsections (6) and (7) of this section, then a new report shall be submitted by the user within 60 days after the modified limit is approved.

(8) Any other information as may be deemed necessary by the director to evaluate the wastewater discharge authorization application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 2072 § 3.4, 1996).

14.20.270 Signatory and certification requirement.

All wastewater discharge authorization applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

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.

(Ord. 2072 § 3.5, 1996).

14.20.280 Decisions.

The director will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete wastewater discharge authorization application, the director will determine whether or not to issue a wastewater discharge authorization. The authorization shall be issued within 30 days of full evaluation and acceptance of the data furnished. The director may deny any application for a wastewater discharge authorization. (Ord. 2072 § 3.6, 1996).

14.20.290 Contents.

Wastewater discharge authorizations shall include such conditions as are reasonably deemed 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.

(1) Wastewater discharge authorizations must contain the following conditions:

(a) A statement that indicates wastewater discharge authorization duration, which in no event shall exceed five years;

(b) A statement that the wastewater discharge authorization is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge authorization;

(d) Self monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

(e) Requirement for immediate notification to the city where self-monitoring results indicate noncompliance;

(f) Requirement to report a bypass or upset of a pretreatment facility;

(g) Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the city within 30 days after becoming aware of the violation;

(h) A reference to this chapter concerning applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.

(2) Wastewater discharge authorizations may contain, but need not be limited to, the following conditions:

(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(b) 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;

(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;

(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

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

(g) A statement that compliance with the wastewater discharge authorization does not relieve the applicant of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge authorization;

(h) Any special agreements the director chooses to continue or develop between the city and user;

(i) Other conditions as deemed appropriate by the director to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 2072 § 3.7, 1996).

14.20.300 Appeals.

Any person, including the user, may petition the city to reconsider the terms of a wastewater discharge authorization within 30 days of its issuance.

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

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

(3) The effectiveness of the wastewater discharge authorization shall not be stayed pending the appeal.

(4) If the city fails to act within 60 days of the receipt of an appeal, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge authorization, not to issue a wastewater discharge authorization, or not to modify a wastewater discharge authorization shall be considered final administrative actions for purposes of judicial review.

(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge authorization decision must do so by filing a petition for review with the Snohomish County superior court within 30 days. (Ord. 2072 § 3.8, 1996).

14.20.310 Duration.

Wastewater discharge authorizations shall be issued for a specified time period, not to exceed five years. A wastewater discharge authorization may be issued for a period less than five years, at the discretion of the director. Each wastewater discharge authorization will indicate a specific date upon which it will expire. (Ord. 2072 § 3.9, 1996).

14.20.320 Modification.

(1) The director may modify the wastewater discharge authorization for good cause including, but not limited to, the following:

(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 wastewater discharge authorization 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 authorized discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;

(e) Violation of any terms or conditions of the wastewater discharge authorization;

(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge authorization 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 wastewater discharge authorization; or

(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.

(2) Such modifications of wastewater discharge authorizations shall occur at the time of renewal of said authorization except in unusual circumstances related to actions or regulations imposed by the Department of Ecology or other regulatory authorities. Operational disequilibrium events or other treatment plant operational problems shall also be grounds for modification of wastewater discharge authorization documents prior to the date of renewal. No vested right shall be created by the issuance of a waste discharge authorization under this chapter. (Ord. 2072 § 3.10, 1996).

14.20.330 Transfer.

Wastewater discharge authorizations may be reassigned or transferred to a new owner and/or operator only if the current owner gives at least 90 days’ advance notice to the director and the director approves the wastewater discharge authorization transfer. The notice to the director must include a written certification by the new owner and/or operator which:

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

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

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

Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner’s authorization. Failure to provide advance notice of a transfer renders the wastewater discharge authorization voidable as of the date of facility transfer. (Ord. 2072 § 3.11, 1996).

14.20.340 Revocation.

(1) Wastewater discharge authorizations may be revoked for, but not limited to, the following reasons:

(a) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

(b) Failure to provide prior notification to the city of changed conditions;

(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge authorization application;

(d) Falsifying self-monitoring reports;

(e) Tampering with monitoring equipment;

(f) Refusing to allow the city timely access to the facility premises and records;

(g) Failure to meet discharge 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 authorization application;

(l) Failure to provide advance notice of the transfer of an authorized facility;

(m) If the city has to invoke its emergency provision as cited in MMC 14.20.640;

(n) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge authorization or this chapter;

(o) Failure to comply with all requirements of a written accidental spill prevention/slug loading plan.

(2) Wastewater discharge authorizations shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge authorizations issued to a particular user are void upon the issuance of a new wastewater discharge authorization to that user. (Ord. 2072 § 3.12, 1996).

14.20.350 Reissuance.

A user, required to have a wastewater discharge authorization, shall apply for wastewater discharge authorization reissuance by submitting a complete wastewater discharge authorization application, in accordance with MMC 14.20.260, a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge authorization. A user, whose existing wastewater discharge authorization has expired and has submitted its re-application in the time period specified herein, shall be deemed to have an effective wastewater discharge authorization until the city issues or denies the new wastewater discharge authorization. A user, whose existing wastewater discharge authorization has expired and who failed to submit its re-application in the time period specified herein, will be deemed to be discharging without a wastewater discharge authorization. (Ord. 2072 § 3.13, 1996).

Article IV. Reporting Requirements

14.20.360 State waste discharge authorization.

Each user who holds a state waste discharge permit in compliance with the provisions of Chapter 90.48 RCW shall forward one copy of all subject correspondence to the director. Subject correspondence shall consist of all written communication between the user and the state of Washington Department of Ecology concerning the user’s state waste discharge permit including reports, letters, submittals of applications, legal documents and agreements. The user shall also submit one copy of all documents received from the Department of Ecology pertaining to the user’s state waste discharge permit. The permit in effect at the time of adoption of the ordinance codified in this chapter shall be forwarded to the director within 90 days of adoption of the ordinance codified in this chapter. All correspondence with Ecology thereafter shall be subject to the requirements of this section. (Ord. 2072 § 4.1, 1996).

14.20.370 Baseline monitoring reports.

(1) 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 users currently discharging to or scheduled to discharge to the POTW shall be required to submit to the city a report which contains the information listed in MMC 14.20.260.

(2) At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in MMC 14.20.260.

(3) A new source shall also be required to submit an engineering report, explaining the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. (Ord. 2072 § 4.2, 1996).

14.20.380 Final compliance report (initial compliance report).

(1) Within 90 days following the date for final compliance by the significant industrial user with applicable pretreatment standards and requirements set forth in this chapter, in a wastewater discharge authorization, or within 30 days following commencement of the introduction of wastewater into the POTW by a new source or “new users” considered by the city to fit the definition of SIU, the affected user shall submit to the city a report containing the information outlined in MMC 14.20.260(4) through (6).

(2) For users subject to equivalent mass or concentration limits established by the city in accordance with procedures established in 40 CFR 403.6 (c), 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. (Ord. 2072 § 4.3, 1996).

14.20.390 Periodic compliance report (monthly report).

(1) Any user that is required to have an industrial waste discharge authorization and performs self-monitoring shall submit to the city during the months of June and December, unless required on other dates or more frequently by the city, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the industrial waste discharge authorization. At a minimum, users shall sample their discharge at least twice per year.

(2) The report shall include a record of the concentrations (and mass if specified in the wastewater discharge authorization) of the pollutants listed in the wastewater discharge authorization that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and shall also include any additional information required by this chapter or the wastewater discharge authorization. Production data shall be reported if required by the wastewater discharge authorization. Both daily maximum and average concentration (or mass, where required) shall be reported. If a user sampled and analyzed more frequently than what was required by the city or by this chapter, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.

(3) Any user subject to equivalent mass or concentration limits established by the city or by unit production limits specified in the applicable categorical standards shall report production data as outlined in MMC 14.20.380(2).

(4) If the city calculated limits to factor out dilution flows or nonregulated flows, the user will be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.

(5) Flows shall be reported on the basis of actual measurement; provided, however, that the city may accept reports of average and maximum flows estimated by verifiable techniques if the city determines that an actual measurement is not feasible.

(6) Sampling shall be representative of the user’s daily operations and shall be taken in accordance with the requirements specified in Article V of this chapter.

(7) The city may require reporting by users that are not required to have an industrial wastewater discharge authorization if information or data is needed to establish a sewer charge, determine the treatability of the effluent or determine any other factor which is related to the operation and maintenance of the sewer system.

(8) The city may require self-monitoring by the user or perform the periodic compliance monitoring needed to prepare a periodic compliance report required under this section. If the city performs such periodic compliance monitoring, it will charge the user for such monitoring, based upon the costs incurred by the city for the sampling and analyses. Any such charges shall be added to the normal sewer charge and shall be payable as part of the utility bills. The city is under no obligation to perform periodic compliance monitoring for a user. (Ord. 2072 § 4.4, 1996).

14.20.400 Compliance schedules for meeting applicable pretreatment standards.

Where required by the director, SIUs shall develop and submit a compliance schedule which brings the user into compliance with the requirements of its discharge authorization document.

(1) The schedule shall contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(2) No increment referred to in subsection (1) of this section shall exceed nine months.

(3) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports. (Ord. 2072 § 4.5, 1996).

14.20.410 Notification of significant production changes.

Any user operating under a wastewater discharge authorization incorporating equivalent mass or concentration limits shall notify the city within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge authorization. (Ord. 2072 § 4.6, 1996).

14.20.420 Hazardous waste notification.

(1) Any user that is discharging 15 kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a one-time notification in writing to the city, EPA Regional Waste Management Division Director, and the Hazardous Waste Division of the NWRO of the Washington State Department of Ecology. Any existing user exempt from this notification shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system.

(2) Such notification shall include:

(a) The name of the hazardous waste as set forth in 40 CFR Part 261;

(b) The EPA hazardous waste number;

(d) If an industrial user discharges more than 100 kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:

(i) An identification of the hazardous constituents contained in the wastes,

(ii) An estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month, and

(iii) An estimation of the mass of constituents in the wastestreams expected to be discharged during the following 12 months.

These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.

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

(3) In the case of any notification made under this section, an industrial 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. Discharging hazardous waste to the sewer system is prohibited as per MMC 14.20.050. (Ord. 2072 § 4.7, 1996).

14.20.430 Notice of potential problems, including accidental spills, slug loadings.

Any user shall notify the city immediately of all discharges that could cause problems to the POTW, including any slug loadings, as defined in MMC 14.20.030. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during the notification. Any user who discharges a “slug” (or slugs) of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed by the city or on the city under state or federal law. (Ord. 2072 § 4.8, 1996).

14.20.440 Noncompliance reporting.

If sampling performed by a user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling within five days and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation, except the user is not required to resample if:

(1) The city performs sampling at the user at a frequency of at least once per month; or

(2) The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. (Ord. 2072 § 4.9, 1996).

14.20.450 Notification of changed discharge.

All users shall promptly notify the city in advance of any substantial change in the volume or character of pollutants in their discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12 (p). (Ord. 2072 § 4.10, 1996).

14.20.460 TTO reporting.

Categorical users which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTOs) discharged into the sewer system must follow the categorical pretreatment standards for that industry. Those users must also meet the following requirements:

(1) Must sample, as part of the application requirements, for all the organics listed under the TTO limit (no exceptions);

(2) May submit a statement that no TTOs are used at the facility and/or develop a solvent management plan in lieu of continuously monitoring for TTO, if authorized by the director. If allowed to submit a statement or develop a solvent management plan, the user must routinely submit a certification statement as part of its self-monitoring report that there has been no dumping of concentrated toxic organic into the wastewater and that it is implementing a solvent management plan as approved by the city. The director may require the development and implementation of a solvent management plan in addition to monitoring for TTO. (Ord. 2072 § 4.11, 1996).

14.20.470 Reports from users not required to secure discharge authorization documents.

All users not required to obtain a wastewater discharge authorization shall provide appropriate reports to the city as the director may require. (Ord. 2072 § 4.12, 1996).

14.20.480 Record keeping.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include 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 POTW, or where the user has been specifically notified of a longer retention period by the director. (Ord. 2072 § 4.13, 1996).

14.20.490 Timing.

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. 2072 § 4.14, 1996).

Article V. Sampling and Analytical Requirements

14.20.500 Sampling requirements for users.

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

(2) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufacturing process if no pretreatment exists or as determined by the city and/or contained in the user’s wastewater discharge authorization. For categorical users, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the applicable categorical pretreatment standards. For other SIUs, for which the city has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).

(3) All sample results 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 from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge authorization, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge as part of its self monitoring report.

(4) Preserve samples in accordance with the specifications of Standard Methods for the Examination of Water and Wastewater, latest edition.

(5) Chain of custody documentation may be required by the director for any samples taken pursuant to this chapter. (Ord. 2072 § 5.1, 1996).

14.20.510 Analytical requirements.

(1) All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, 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, sampling and analyses must be performed in accordance with procedures approved by the EPA.

(2) All analyses performed to establish compliance and used in compliance reporting shall be performed by a laboratory accredited by the Washington State Department of Ecology, Quality Assurance Division in accordance with Chapter 173-50 WAC. Laboratories must be accredited for the analyses for which they are performing. (Ord. 2072 § 5.2, 1996).

14.20.520 City monitoring of user’s wastewater.

The city will follow the same procedures as outlined in MMC 14.20.500 and 14.20.510. (Ord. 2072 § 5.3, 1996).

Article VI. Compliance Monitoring

14.20.530 Inspection and sampling.

Continued connection and use of the city’s sewer system shall be contingent on the right of the city to inspect and sample all discharges into the system. The city shall have the right to enter the facilities of any user for the purpose of the enforcement of this chapter and to determine that any wastewater discharge authorization or order issued hereunder is being met and whether the user is complying with all requirements thereof. 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.

(1) 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 will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) 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.

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

(4) Unreasonable delays in allowing the director access to the user’s premises shall be a violation of this chapter. (Ord. 2072 § 6.1, 1996).

14.20.540 Monitoring facilities.

(1) Each significant industrial user (SIU) shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the city. Each monitoring facility shall be situated on the user’s premises, except where such a location would be impractical or cause undue hardship on the user, the city may concur with the facility being constructed in the public street or sidewalk area; provided, that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The director, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, wastewater treatment system).

(2) A monitoring facility shall consist of a manhole or other structure in which a prefabricated palmer-bowlus or parshall flume shall be installed. The flume shall be of standard dimension and shall be manufactured of corrosion resistant materials.

(3) The flume shall be installed such that free-flowing conditions occur downstream of the throat of the flume structure. A permanent, digital, recording, totalizing, open channel flowmeter shall be permanently installed in a weatherproof enclosure. The flowmeter installation shall include an appropriate automatic system to measure the water level through the flume at the appropriate control point so that flow rate can be automatically calculated at selected intervals. Measured liquid level readings shall be converted into corresponding flow rates using internal conversion algorithms.

(4) The flowmeter shall be capable of initiating the operation of an attached sampler. The flowmeter signal shall be a five to 15 volt DC pulse or isolated contact closure of at least 25 milliseconds duration. Sample interval frequency shall be user selected.

(5) The monitoring facility shall be approved by the director in writing prior to construction. Existing monitoring facilities may be approved in lieu of new construction if approval of the installation, in writing, is provided by the director. Monitoring facilities shall include a secure area for placement of a portable sampler owned by the city.

(6) There shall be ample room in or near such sampling facility to allow accurate sampling, flow measurement and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.

(7) The director may require the user to install monitoring equipment as necessary. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. Such monitoring equipment and activities shall be provided at the expense of the user.

(8) The requirements of this section shall apply to each significant industrial user. A monitoring facility shall also be installed by any nondomestic user at the direction of the director. Compliance with this section shall be in accordance with the requirements of MMC 14.20.150. (Ord. 2072 § 6.2, 1996).

14.20.550 Search warrants.

If the director has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any wastewater discharge authorization or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the director shall seek issuance of a search and/or seizure warrant from the municipal court, the district court, or the Snohomish County superior court. Such warrant shall be served at reasonable hours by the director and may be accomplished in the company of a uniformed police officer of the city. (Ord. 2072 § 6.3, 1996).

14.20.560 Vandalism.

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Ord. 2072 § 6.4, 1996).

Article VII. Confidential Information

14.20.570 Trade secrets.

(1) Information and data on a user obtained from reports, surveys, wastewater discharge authorization applications, wastewater discharge authorizations, and monitoring programs, and from city 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 city, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law.

(2) When requested and demonstrated by the user furnishing a report that such information should be held confidential, the city shall make reasonable efforts to protect the portions of a report which might disclose trade secrets or secret processes from 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.

(3) Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 2072 § 7, 1996).

Article VIII. Administrative Enforcement Remedies

14.20.580 Notification of violation (notice of violation, NOV).

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

(2) Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2072 § 8.1, 1996).

14.20.590 Consent orders.

The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 MMC 14.20.610 and 14.20.620 and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2072 § 8.2, 1996).

14.20.600 Show cause hearing.

The director may order a user which has violated or continues to violate, any provision of this chapter, a wastewater discharge authorization or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why a 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 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2072 § 8.3, 1996).

14.20.610 Compliance orders.

When the director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge authorization 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 time specified in the order. Compliance orders may require users to refrain from certain activities, install additional pretreatment equipment, increase self-monitoring, use best management practices designed to minimize the amount of pollutants discharged to the sewer. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2072 § 8.4, 1996).

14.20.620 Cease and desist orders.

(1) When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge authorization 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:

(a) Immediately comply with all requirements; and

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

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2072 § 8.5, 1996).

14.20.630 Administrative fines.

(1) When the director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge authorization or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user in an amount not less than $250.00 and 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. Said administrative fines shall constitute a sewer service surcharge, and upon assessment, shall be subject to collection in the same manner as all other sewer utility rates, charges and penalties.

(2) Unless other arrangements have been made with, and authorized by the director, unpaid charges, fines, and penalties shall accrue thereafter at a rate of one percent per month. After 90 days, if charges, fines, and penalties have not been paid, the city may revoke the users discharge authorization.

(3) Users desiring to appeal and dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit, the director shall convene a hearing on the matter within seven days of receiving the request from the user. In the event the user’s appeal is successful, any payments made shall be returned to the user. Affirmance or modification of an administrative fine by the public works director shall relate back to the original date of assessment.

The city shall recover the costs of preparing administrative enforcement actions, such as notices and orders, including the cost of additional inspections, sampling and analysis, and may add them to the fine.

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

(5) Users seeking judicial review of administrative fines must do so by filing a petition for review in the Snohomish County superior court within 30 days of the decision of the director. (Ord. 2072 § 8.6, 1996).

14.20.640 Emergency suspensions.

(1) 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.

(2) The director may also immediately suspend a user’s discharge (after informal 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.

(a) 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 shall 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 shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in MMC 14.20.650 are initiated against the user.

(b) 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 MMC 14.20.600 and 14.20.650.

(3) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 2072 § 8.7, 1996).

14.20.650 Termination of discharge (nonemergency).

(1) In addition to the provisions in MMC 14.12.340, any user that violates the following conditions is subject to discharge termination:

(a) Violation of wastewater discharge authorization conditions;

(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; or

(e) Violation of the pretreatment standards in Article II of this chapter.

(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under MMC 14.20.690 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2072 § 8.8, 1996).

14.20.660 Appeal procedures.

(1) Appeals.

(a) Any user seeking to dispute a notice of violation, order, fine, or other action of the director may file an appeal.

(b) The appeal must be filed in writing and received by the director, in writing, within 10 days of the receipt of the disputed action. if the notice of appeal is not received by the director within the 10-day period, the right to an appeal is waived. The notice of appeal shall state with particularity the basis upon which the appellant is disputing the action taken.

(c) Upon receipt of a timely appeal, the director shall set a date and time for an appeal hearing, but in no case shall the hearing be set more than 30 days from the receipt of the timely notice of appeal. The appellant shall be notified in writing of the date, time, and place for the appeal hearing. The director or his/her designee shall serve as the hearing examiner.

(2) Appeal Hearing.

(a) The hearing examiner may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The hearing examiner shall give effect to the rules of privilege recognized by law. The hearing examiner may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Factual issues shall be resolved by a preponderance of evidence.

(b) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

(c) Every party shall have the right to cross examine witnesses who testify and shall have the right to submit rebuttal evidence; provided, that the hearing examiner may control the manner and extent of the cross examinations and rebuttal.

(d) The hearing examiner may take notice of judicially cognizable facts.

(3) Appeal Conclusion. At the conclusion of the hearing, the hearing examiner shall determine if the disputed action was proper, and shall approve, modify, or rescind the disputed action. The final determination of the hearing examiner shall be in writing, and all parties shall be provided a copy of the final determination.

(4) Judicial Review of Appeal.

(a) Any party, including the city, the Washington State Department of Ecology, the United States Environmental Protection Agency, or the user/appellant, is entitled to review of the final determination of the hearing examiner in the Snohomish County superior court; provided, that any petition for review shall be filed no later than 30 days after date of the final determination.

(b) Copies of the petition for review shall be served as in all civil actions.

(c) The filing of the petition shall not stay enforcement of the final determination except by order of the superior court and on posting of a bond to be determined by the court naming the city as beneficiary.

(d) The review shall be conducted by the court without a jury. The record shall be satisfied by a narrative report certified by the hearing examiner and no verbatim record of proceedings before the hearing examiner shall be required to be presented to the superior court.

(e) The court may affirm the final determination or remand the matter for further proceedings before the hearing examiner; or the court may reverse the final determination if the substantial rights of the petitioners may have been prejudiced because the final determination was:

(i) In violation of constitutional provisions; or

(ii) In excess of the authority or jurisdiction of the hearing examiner. (Ord. 2072 § 8.9, 1996).

Article IX. Judicial Enforcement Remedies

14.20.670 Injunctive relief.

(1) When the director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge authorization, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the Snohomish County superior court through the city’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge authorization, order, or other requirement imposed by this chapter on activities of the user.

(2) The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. Injunctive relief shall be nonexclusive to other remedies available to the city. (Ord. 2072 § 9.1, 1996).

14.20.680 Civil penalties.

(1) A user which has violated or continues to violate any provision of this chapter, a wastewater discharge authorization, 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, 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. (Ord. 2072 § 9.2, 1996).

14.20.690 Criminal prosecution.

(1) A user who has violated any provision of this chapter, a wastewater discharge authorization, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $5,000 per violation, per day.

(2) A user which has introduced 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 $5,000. 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 made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge authorization, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor, and punished by a fine of $5,000 per violation per day.

(4) In addition, the user shall be subject to:

(a) The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements;

(b) The provisions of Section 309(c)(4) of the Clean Water Act, as amended, governing false statements, representation, or certification; and

(c) The provisions of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers. (Ord. 2072 § 9.3, 1996).

14.20.700 Remedies nonexclusive.

The provisions in Article VIII through XI are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently. (Ord. 2072 § 9.4, 1996).

Article X. Supplemental Enforcement Action

14.20.710 Performance bonds.

The director may decline to issue or reissue a wastewater discharge authorization to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge authorization or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance. (Ord. 2072 § 10.1, 1996).

14.20.720 Financial assurances.

The director may decline to issue or reissue a wastewater discharge authorization to any user which has failed to comply with any provision of this chapter, a previous wastewater discharge authorization or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to meet pretreatment requirements, and/or restore or repair damage to the POTW caused by its discharge. (Ord. 2072 § 10.2, 1996).

14.20.730 Water supply severance.

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge authorization or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 2072 § 10.3, 1996).

14.20.740 Public nuisances.

A violation of any provision of this chapter, wastewater discharge authorization, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the director. (Ord. 2072 § 10.4, 1996).

14.20.750 Contractor listing.

Users which nave not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the city. (Ord. 2072 § 10.5, 1996).

14.20.760 Publication of violations and/or enforcement actions.

The director may publish violations and/or enforcement actions at any time where monetary fines may be inappropriate in gaining compliance, or in addition to monetary fines. Violations and/or enforcement actions may also be published when the director feels that public notice should be made or at other appropriate times. The cost of such publications will be recovered from the user. (Ord. 2072 § 10.6, 1996).

Article XI. Affirmative Defenses to Discharge Violations

14.20.770 Upset.

(1) For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of subsection (3) of this section are met.

(3) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(a) An upset occurred and the user can identify the cause(s) of the upset;

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

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

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

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

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

(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(5) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.

(6) Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 2072 § 11.1, 1996).

14.20.780 Prohibited discharge standards.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in MMC 14.20.050 (1) and (2)(c) through (g) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (a) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES authorization, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 2072 § 11.2, 1996).

14.20.790 Bypass.

(1) For the purposes of this section:

(a) “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility.

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

(2) A user may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (3) and (4) of this section.

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

(b) A user shall submit oral notice to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

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

(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

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

(iii) The user submitted notices as required under subsection (3) of this section.

(b) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (4)(a) of this section. (Ord. 2072 § 11.3, 1996).

Article XII. Miscellaneous Provisions

14.20.800 Pretreatment charges and fees.

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

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

(3) Fees may include:

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

(b) Fees for modifying or transferring authorizations;

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

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

(e) Fees for preparing and executing enforcement action;

(f) Fees for filing appeals;

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

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

(4) All fees or charges will be collected by direct billing. Unless the director has been made aware of extenuating circumstances that would prevent prompt payment, all fees are payable within 30 days of the billing. Fees past due will be considered a violation of this chapter. Users not paying fees within 60 days of the billing period will be subject to termination of service. The director may change existing or adopt new fees. (Ord. 2072 § 12.1, 1996).

14.20.810 Nonliability.

(1) It is the express purpose of the city of Marysville to establish an industrial pretreatment program in order to provide for and promote the health, safety and welfare of the general public. It is not the intent of this chapter to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms or requirements of this chapter.

(2) It is the specific intent of this chapter to place the obligation of complying with these regulations upon the applicant or discharger and no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents, except as provided under the Act or other related statutes of the United States or the state of Washington.

(3) Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any tort liability on the part of the city or its officer, employees or agents for any injury or damage resulting from the failure of an applicant or discharger to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or inaction on the part of the city related in any manner to the implementation or the enforcement of this chapter by its officer, employees or agent. (Ord. 2072 § 12.4, 1996).