Chapter 13.16 WASTEWATER SERVICE REGULATIONS

There is established a wastewater utility of the city which shall be known as the wastewater department of the city for the purpose of providing wastewater collection, treatment and disposal services within the city, and such areas outside the city as provided for in this chapter. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.010 Purpose and policy.

A. This chapter is enacted under the police power of the city to protect and preserve public health, safety and welfare. Its provisions shall be liberally construed to accomplish this purpose. It is the specific intent of this chapter to place the obligation of compliance upon the owner/operator (as defined herein). Nothing contained in this chapter is intended to be or shall be construed to create or form the basis for liability on the part of the city, its wastewater department, officers, employees or agents for any injury or damage resulting from the failure of the owner/operator of any private system to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the city, its wastewater department, officers, employees or agents. The city council may at its discretion establish wastewater rate relief measures for specific customer classes as authorized by state law.

B. This chapter sets forth uniform requirements for users or customers of the wastewater treatment plant (“WWTP”) operated by the city through its wastewater department. It enables the city to comply with state and federal laws that apply to WWTPs with potentially significant industrial customers, but without a discharge permit program. All actions required or authorities granted under this chapter are in accordance with the Federal Water Pollution Control Act, referred to as the Clean Water Act (33 U.S.C. 1251 et seq.), the Federal Pretreatment Regulations (40 CPR Part 403 et seq.), and Chapter 90.48 RCW, Water Pollution Control. The objectives of this chapter are:

1. To prevent the introduction of pollutants into the WWTP that will interfere with the operation of the WWTP;

2. To prevent the introduction of pollutants into the WWTP that will pass through the WWTP, inadequately treated, into receiving waters or otherwise be incompatible with the WWTP;

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

4. To protect WWTP or wastewater department personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; and

5. To promote strategies which reduce the amounts of pollution generated by customers, thereby reducing the associated hazards to the WWTP and receiving waters.

C. This chapter shall apply to all users or customers of the WWTP. This chapter defines certain prohibited discharges; sets forth local limits for use by state agencies in the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires customer reporting; and provides for the recovery of liquidated damages and collection of penalties. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.020 Administration.

Except as otherwise provided for herein, the wastewater superintendent, or authorized designee, shall administer, implement, and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon, the wastewater superintendent may be delegated by the wastewater superintendent to other city personnel. The wastewater superintendent shall confer with the city administrator on issues that arise. If the wastewater superintendent is absent during a time when a decision must be made, the designee shall be the city administrator. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.030 Definitions.

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

“Accounting clerk” means the finance person primarily responsible for the sewer accounts at the city working under the city clerk-treasurer or his/her designee.

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

“AKART” is an acronym that means “all known, available, and reasonable methods (prevention, control, and treatment) to prevent and control pollution of the waters of the state of Washington” (Chapter 90.48 RCW). AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. AKART shall be applied by all customers, including industrial customers and domestic customers, of the WWTP. AKART includes best management practices and may be required by the wastewater superintendent for any discharge to the WWTP.

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

“Applicant” means the owner/operator of premises proposed to receive wastewater service from the department and who shall also be the customer responsible for the payment of bills, fees, and charges for wastewater service to the subject premises. An authorized agent of the owner/operator may submit an application for service on behalf of the owner/operator, but, unless specifically set forth herein, such agent shall not include a tenant or other occupant not associated with or controlled by the owner/operator of premises proposed to receive wastewater service.

“Base rate” means the monthly charge for service from the department to recover costs incurred by the department such as administrative, meter reading, billing, collection and distribution. “Base rate” does not include charges for wastewater consumption quantity as registered through the required water meter.

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

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

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

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

“City” means the city of Newport and includes the department.

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

“Commercial customer” means any customer class that produces nondomestic or industrial wastewater (as further defined herein).

“Commercial service” means a customer class of wastewater services serving buildings, uses, and facilities including, but not limited to, commercial retail, hotel/motel, offices, triplexes, apartments, condominiums, mobile or manufactured home parks, trailer parks, manufacturing/industrial and educational.

“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.

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

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

2. Contaminated. Water likely to contain levels of pollutants detectably higher than intake water. This includes water contaminated through any means, including but not limited to chemicals added for water treatment, corrosion inhibition, or biocides, or by direct contact with any process materials, products, and/or wastewater.

“Customer” means any owner/operator of premises that discharges wastewater or receives wastewater service from the department and who is responsible for paying all rates, costs, fees, and charges for such service pursuant to one or more rate classifications, contracts, or schedules. Except as specifically set forth herein, a customer shall not include a tenant or other occupant not controlled by or affiliated with the owner/operator at the premises receiving wastewater service.

“Department” means the city wastewater department.

“DOE” is the acronym that means and refers to the Washington State Department of Ecology.

“Domestic service” means an approved residential connection to a city wastewater main, consisting of a wastewater service tap and a service lateral, intended for the full range of uses.

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

“EPA” is the acronym that means and refers to the U.S. Environmental Protection Agency or other duly authorized official of said agency.

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

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

“Grease trap” shall mean a device designed to retain grease from entering into the sewage system.

“Industrial wastewater” means water or liquid-carried waste from any industry, manufacturing operation, trade, or business which includes any combination of process wastewater, cooling water, contaminated stormwater, contaminated leachates, or other waters such that the combined effluent differs in some way from purely domestic wastewater or is subject to regulation under federal categorical pretreatment standards, the state waste discharge permit program, or this chapter.

“Interference” means the effect of a discharge or discharges on the WWTP from one or more customers which results in either: (1) inhibition or disruption of the WWTP, its treatment processes or operations, or its sludge processes, use or disposal; (2) violation of any permit regulating the city wastewater discharge or sewerage sludge; or (3) prevention of sewage sludge use or disposal in compliance with any applicable statutory or regulatory provision or permit issued thereunder. (Applicable sludge regulations shall include Section 405 of the Clean Water Act (33 U.S.C. 1345 et seq.); the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.); state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (42 U.S.C. 7401 et seq.); the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.); the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. et seq.); and 40 CFR Part 503.)

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

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

“New customer” means any noncategorical customer that plans to discharge a new source of wastewater to the city collection system after the effective date of the ordinance codified in this chapter. This discharge may be from either a new or an existing facility. Any person that buys an existing facility discharging nondomestic wastewater will be considered an “existing user” if no significant changes in facility operation are made and wastewater characteristics are not expected to change.

“New source” means:

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

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

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

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

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

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

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

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

“Owner/operator” means the person or persons with an ownership interest in the subject premises or any person or persons controlled by or affiliated with the owner responsible for operating the premises served by a wastewater service connection. Except as specifically set forth herein, the owner/operator shall not include a tenant or other occupant of the premises that is not controlled by or affiliated with the true owner of the premises receiving wastewater service. See also “Customer.”

“Pass-through” means a condition occurring when discharges from customer (singly or in combination) exit the WWTP in quantities or concentrations which either:

1. Cause a violation of any requirement of the city’s waste discharge permit issued by the state;

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

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

“Permittee” means any person, customer, or owner/operator issued a wastewater discharge permit.

“Person” means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, any federal, state, or local governmental agency or entity, or any other entity whatsoever; or their legal representatives, agents, or assigns.

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

“Point of delivery” means the point at which wastewater service is delivered to the owner/operator’s property line or service line of the premises. Point of delivery is generally established as the owner/operator’s property line.

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

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

“Premises” means a residence, building, lot, parcel, apartment complex, condominium, trailer court, hotel/motel, office, multifamily residence, garage, shop, structure, mobile or manufactured home park, group of adjacent buildings, or other property utilized by or under an owner/operator with respect to use of the wastewater system and responsibility for payment therefor.

“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 WWTP. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

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

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

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in NMC 13.16.190.

“Quantity charge,” also known as “overage fee,” means the charges for the wastewater quantity used by a wastewater utility customer during a billing period as recorded by a water meter to recover costs of the wastewater utility.

“Residential customer” means any customer who contributes, causes, or allows the discharge of wastewater into the city WWTP that is similar in volume and/or chemical make-up to domestic wastewater.

“Residential service” means a customer class of wastewater services to single-family residences in the city, including duplexes or other residential buildings with less than three units. See also “Residential customer” and “Domestic service.”

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

“Service lateral” means a wastewater pipe beginning at the city’s wastewater main and extending to the customer’s point of delivery.

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

“Sewage” or “wastewater” means water-carried human wastes or a combination of water-carried wastes from premises, including, but not limited to, residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present.

“Sewer” means any pipe, conduit ditch, or other device used to collect and transport sewage or wastewater.

“State” means the state of Washington.

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

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

“Utility” means the city wastewater utility or department. See also “Department.”

Wastewater. See “Sewage.”

“Wastewater collection main” or “wastewater main” means a city utility-owned wastewater pipe to which one or more wastewater services may be connected.

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

“Wastewater superintendent” means the wastewater superintendent of the city or his or her authorized designee.

“Wastewater system” means the system of sewers, pumps, mains, pipelines and appurtenances for the collection, transportation, treatment and disposal of sewage and industrial wastewater in and throughout the city.

“Wastewater treatment plant” or “treatment plant” means that portion of the WWTP designed to provide treatment of sewage or wastewater or as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastewater and any conveyances which convey wastes to a wastewater treatment plant. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.040 Connection required.

A. The owner/operator of developable lands or premises located in the city who makes application for a short plat or preliminary plat that requires wastewater availability from the city shall extend, at the owner/operator’s sole cost and expense, the wastewater system to serve the proposed development and future developable lands, provided the city permits such extension.

B. The owner/operator of premises located within the city and within 200 feet of a city wastewater collection main, undertaking new residential or nonresidential construction, shall connect the newly constructed premises to the wastewater system upon approval of the construction and connection by the city. The owner/operator shall make payment of all fees, costs, and charges assessed by the city, as set forth by resolution of the city council from time to time, for any such connection prior to commencement of wastewater service to the premises.

C. When a wastewater collection main is installed within 200 feet of any premises presently served by a private septic system, the owner/operator of the premises shall connect to the wastewater system, at the owner/operator’s sole expense, upon the earlier of any private septic system failure, or within two years after acceptance by the city of a wastewater collection main or other sewer line capable of serving such premises and after official written notice to the owner/operator to do so. This timeline may be extended on a case-by-case basis by approval of council.

D. All connections made by any owner/operator to the wastewater system shall be made in a permanent and sanitary manner and shall be sufficient to carry all the wastewater and waste fluids of every kind from the premises and per construction and design standards, including any building or structure thereon, into the wastewater system, and each toilet, sink, stationary wash stand and other piece or type of equipment having waste fluids located on the premises shall be connected with the wastewater system; provided, that where the building or structure on any premises has not been completed, connection shall be made on or before the completion of such building or structure and before any occupancy or use thereof. All work shall be performed by licensed and bonded contractors and must be inspected prior to covering.

E. The owner/operator shall be responsible for sewer laterals up to and including the connection to the wastewater collection main. The city will not be responsible for maintenance or repairs whether on private property or within right-of-way. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.050 Duty to connect – Failure.

Upon neglect, failure or refusal to make connections or repairs to a wastewater system as specified in this chapter, the city shall, after prior written notification of five working days to the owner/operator, terminate the water service to the premises involved. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.055 Connection charges.

A. At the time of making an application for wastewater service, the applicant shall pay a connection charge or fee as established by the city’s fee schedule.

B. When the connection is to be made in, or requires removal and replacement of, asphalt, cement, or hard top surface street, the costs for repairs or replacement to the street shall be an additional charge assessed to the applicant, which charge shall consist of the city’s actual cost (including labor, materials, and equipment) for each area repaired or replaced over and above the connection fee or charge required to be paid pursuant to subsection A of this section. Any additional fee or charge assessed to the applicant for street repair or replacement shall be due and payable as specified by the wastewater superintendent and prior to service commencement. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.060 Rates and charges.

A. The city shall establish each categorical customer and associated rate classification for wastewater service in the city by ordinance or resolution. The separate categorical customer classes consist of residential customers and commercial customers. The rate classifications for categorical customers are established to include commercial service and residential service. The city may add to, change, eliminate, or amend any of the categorical customers or rate classifications from time to time as necessary or desired. Each classification or categorical customer shall be assessed rates and charges for wastewater service as further set forth herein.

B. The city shall establish, by resolution of the city council from time to time, the rates for providing wastewater service to each categorical customer. The rates shall have documentation backing need for an increase. This documentation can be in the form of a formal rate study or other method showing direct need. The rates for each categorical customer shall be comprised of or include costs associated with the provision of wastewater service in the city.

Charges other than rates such as buy-in/connection fees or supplies needed will be established by council in the form of a resolution; the council may from time to time assess needs of the wastewater system and adjust charges. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.065 Service begun only after payment in full.

A. Wastewater use or service to premises shall not be established pursuant to this chapter, until any and all current and delinquent charges, fees, fines, liens, penalties, and/or other claims of the city against the premises thereby served are paid in full by the owner/operator.

B. Service rates and charges for emergency repairs performed by the city shall be made payable by the owner/operator of the premises served. The department may require that any required payment be made in advance, or that satisfactory security be given for the payment of any and all rates for wastewater service supplied by the city to any premises, or for any repairs, or installation. If any such payment is not made or security given by the owner/operator within the time specified by the department, the wastewater may be terminated to such premises and shall not be turned on or reconnected until payment is made in full, or security furnished by the owner/operator thereof to the satisfaction of city. It will be the wastewater superintendent’s sole decision to determine if emergency repairs are necessary. No other work on private property will be done by city staff except for extreme emergencies. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.070 Account collections – Service termination – Liens.

Wastewater utility billings, collections, service terminations, and liens shall be administered pursuant to the provisions set forth in this chapter, as the same exists now or may be hereafter amended. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.090 Utility payment agreements.

Utility payment agreements shall be authorized, processed, and administered pursuant to the provisions of Chapter 13.12 NMC, as existing or hereafter amended. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.100 Temporary wastewater service connections.

A. A single wastewater service connection may be supplied to any premises on a temporary basis during:

1. The construction of a building on the premises;

2. During the construction of a standard main to serve the premises;

3. For an office facility for the development of one or more premises.

B. Application for temporary service shall only be approved upon payment of all fees and assessments required. This application shall state fully the type and size of service desired, the circumstances which require service by temporary means, and the duration for which temporary service is necessary. The maximum length of time any temporary connection may continue until transferred into a permanent connection is 24 months from date of approval.

C. All connections made to the wastewater system shall be completed pursuant to any construction and design standards required and/or enforced by the city.

D. In addition to the connection charges as established by this chapter, all costs necessary to complete the initial connection to the wastewater main for the temporary service connection to premises, and costs associated with the removal or disconnection shall be paid by the applicant.

E. Upon completion of the work on the premises for which the temporary service was necessary:

1. The owner/operator, including developer, of the premises being served shall immediately apply for permanent service to the premises and the temporary service shall be removed.

2. The owner/operator, including developer, of a project may, in writing, elect to transfer the owner/operator’s original connection fees collected by the city towards the costs incurred for a new applicant for service for the same premises or location of the original service. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.105 Unused or outdated service connections.

When new premises are to be erected on the site of existing service connections and it is desired by the owner/operator of such premises to increase the size, or to change the location, of the previously existing service connections, or where a service connection to any premises is abandoned or no longer used for a period of three years, the city may shut off, disconnect, or remove such service connections, after written notification of not less than 30 days is provided to the owner/operator. If after disconnection, a service connection be required to said premises, a new service connection shall be placed only upon the owner/operator, including authorized agent thereof, making application and paying a new connection fee in the manner provided in this chapter, regardless if the service was physically disconnected or not. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.110 Backflooding – Backflow valve requirement.

Any owner/occupant of premises with side wastewater connections installed shall install or cause to be installed a backflow valve in the wastewater system of such premises in order to prevent backflooding or reverse flow of wastewater and solids within or at the premises. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.130 Backflooding – Order to install backflow valves.

When information is found that an area of the system has or is likely to have backflooding, the department is authorized, on a schedule to be determined by the department, to install backflow valves that have not been privately installed. The backflow valve will be installed within public right-of-way, with the specific location to be determined solely at the department’s discretion. The superintendent has the discretion to not install a backflow valve for the connections if it is deemed by the superintendent to not be in the best interest of the city. Owner/operators will first be encouraged to install the backflow valve at their own expense. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.140 Backflooding – Backflow valve installation.

A. Unless otherwise permitted, it is unlawful for any person to connect to an installation or repair the city sewer system without properly installed approved sewage backflow prevention devices sufficient to prevent sewer backups, which usually will be backflow valves at outlets. Such devices shall be installed to facilitate future access and maintenance. Unless determined otherwise, the effective operation of such devices shall be the responsibility of the owner of the sewer or drain.

B. The wastewater superintendent shall have the authority, in the wastewater superintendent’s sole discretion, to grant an extension of time for the installation of such valves for good cause shown. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.150 Backflooding – Backflow valve specifications.

A. The installation of backflow valves shall be in accordance with the Uniform Plumbing Code and the requirements of the construction and design standards.

B. Backflow valves shall be so constructed as to ensure a mechanical seal against backflow.

C. Backflow valves, when fully opened, shall have a capacity not less than that of the pipe in which they are installed.

D. Backflow valves shall be so installed as to provide ready accessibility to their working parts and shall have all bearing parts of noncorrodible metal and are to remain closed except when discharging wastewater.

E. No backflow valve shall be installed on the building drain or soil pipe of any premises in such a manner as to interfere with the ventilation of the plumbing or drainage system. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.160 Discharge of pollutant waste on property.

It is unlawful to place, deposit, or permit discharge upon public or private property within the city, or in any area under the jurisdiction of the city, any human excrement or other pollutant waste. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.170 Discharging sewage into natural outlets.

It is unlawful to discharge to any natural outlet within the city, or any other area under its jurisdiction, any sanitary sewage, wastewater, industrial wastes, or other pollutants, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.180 Unlawful discharge into sanitary sewer.

No person shall intentionally discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or uncontaminated industrial process waters to any sanitary sewer. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.190 Prohibited discharge standards.

A. General Prohibitions. No customer shall introduce or cause to be introduced into the WWTP any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all customers of the WWTP whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements (40 CFR 403.5(a) and WAC 173-216-060(2)(b)(i)). These standards or requirements are adopted by reference and can be found in the prohibited discharge standards for wastewater. These standards shall be maintained and updated by staff as laws, requirements or situations require. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.200 Nondomestic wastes – Treating.

All industrial wastewater or nondomestic wastes shall be pretreated at the source to meet the minimum recommendations to the State Department of Ecology, State Department of Health, and wastewater superintendent and/or authorized agent. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.210 Pretreatment of nondomestic wastes.

A. The city may enter into agreements with commercial customers to accept pollutants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Commercial customers with BOD or TSS levels higher than 300 mg/l must have such an agreement before commencing discharge. Within such agreements, the city may establish terms of the customer’s discharge to the WWTP including maximum flow rates and concentrations. The city may also establish fees to recover costs associated with treating such waste or wastewater and monitoring schedules in such agreements. In no case will a special agreement waive compliance with a state or federal pretreatment standard or requirement including categorical standards.

B. Commercial customers discharging or intending to discharge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the wastewater superintendent or authorized designee that such pollutants are compatible with the WWTP. The wastewater superintendent may require any claim of compatibility to be endorsed by the Department of Ecology.

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

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

E. The city may, at the city’s discretion, facilitate compliance by arranging or providing pollution prevention technical assistance for commercial customers, especially those in violation of pretreatment standards. The wastewater superintendent intends to provide such assistance in coordination and cooperation with local, county and state authorities. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.220 Pretreatment facilities.

A. Commercial customers shall procure and properly install, operate, and maintain the wastewater facilities which combined with appropriate practices are necessary to achieve AKART as defined herein. Such pretreatment facilities shall be designed to achieve compliance with all applicable pretreatment standards and requirements within the time limitations specified by the EPA or the state, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Department of Ecology for review and approval in accordance with the procedures of Chapter 173-240 WAC and shall be disclosed to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying its facility as necessary to produce a discharge acceptable to the city and/or the department and meet discharge limitations under the provisions of this chapter. Such facilities shall be provided, operated, and maintained at the customer’s expense.

B. Commercial customers shall comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and shall modify such documents to reflect any proposed modifications of industrial wastewater pretreatment facilities. Commercial customers shall submit proposals to modify pretreatment facilities to the department before implementation in accordance with Chapter 173-240 WAC. Commercial customers shall submit a copy of such revised plans and the department’s acceptance to the wastewater superintendent before implementing changes to approved pretreatment facilities. The wastewater superintendent may audit the compliance of any commercial customers and require changes in operating procedures deemed necessary by the wastewater superintendent to ensure continued compliance with applicable pretreatment standards and requirements. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.230 Deadline for compliance with applicable pretreatment requirements.

A. Existing sources, as defined herein, to which one or more categorical pretreatment standards is applicable, shall comply with all applicable standards within three years of the date the standard is effective unless the pretreatment standard includes a more stringent compliance schedule. The department shall establish a final compliance deadline date for any existing commercial customer as defined herein or any categorical customer when the local limits for said customer are more restrictive than EPA’s categorical pretreatment standards.

B. New sources and new commercial customers shall comply with applicable pretreatment standards, if any, within the shortest feasible time. In no case shall such time exceed 90 days from beginning a discharge. Prior to commencing discharge, such customers shall have all pollution control equipment required to meet applicable pretreatment standards installed and in proper operation. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.240 Additional pretreatment measures.

A. Whenever deemed necessary, the wastewater superintendent, or authorized designee, may require commercial customers to comply with such conditions as may be necessary to protect the WWTP and determine the customer’s compliance with the requirements of this chapter. Such measures may include restricting a discharge during peak flow periods; designating that certain wastewater be discharged only into specific sewers; requiring relocation and/or consolidation of discharge points; and/or separating sewage waste streams from industrial waste streams.

B. Grease, oil, and sand interceptors known as grease traps shall be provided when, in the opinion of the wastewater superintendent, or authorized designee, they are necessary for the proper handling of wastewater containing grease and oil in excess of the limits established, or excessive amounts of sand or other settleable solids. Such interceptors shall not be required for domestic customers. All interceptors shall be of type and capacity approved by the wastewater superintendent, or authorized designee, and shall be located to be easily accessible for cleaning and inspection. Each commercial customer shall maintain, inspect, and clean required interceptors on a schedule that ensures they capture the intended pollutants, and prevents their reintroduction into the storm or sanitary sewer systems. Commercial customers shall bear all expenses related to installation, maintenance, and repair of interceptors, and the proper disposal of removed materials. The wastewater superintendent or designee shall be allowed to inspect grease traps during normal business hours or as otherwise arranged with commercial customer. If it is deemed by the wastewater superintendent or designee that there is not sufficient maintenance and/or cleaning, a written notice shall be provided to the commercial customer with a follow-up inspection. If it is again deemed that there has not been sufficient maintenance and/or cleaning, the commercial customer will be in violation of this chapter and subject to fines and penalties established in Chapter 1.16 NMC.

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

D. The wastewater superintendent, or authorized designee, may require a commercial customer discharging more than 10,000 gallons per day or 10 percent of the average daily flow in the WWTP, whichever is less, to install and maintain, on its premises and at its expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. The facility shall have a capacity for at least 50 percent of the daily wastewater discharge volume and shall be equipped with alarms and a rate of discharge controller. The wastewater superintendent, or authorized designee, shall direct the control of discharges. The city may require the commercial customer to obtain a wastewater discharge permit solely for flow equalization, or to develop a slug discharge control plan. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.250 Disclosure of records by commercial customers.

Each commercial customer shall have available, at the location of discharge, all records and reports required by this chapter, any applicable state and federal regulation, or any permit or order issued thereunder. Each commercial customer shall make such records available for review by the wastewater superintendent, or authorized designee, during business hours, when activities are being conducted at the facility or on the premises, and at all reasonable times. Failure to comply with this provision is a violation of this chapter. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.260 Reports from commercial customers.

All commercial customers shall provide appropriate reports to the city as the wastewater superintendent, or authorized designee, may require. The wastewater superintendent, or authorized designee, shall determine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.270 Reporting requirements for dangerous waste constituents.

Any commercial customer discharging 100 kilograms or more of dangerous waste in any calendar month to the WWTP where the pollutants are not reported through self-monitoring under an applicable state waste discharge permit shall report to the wastewater superintendent, or authorized designee, and the department, the following information to the extent that it is known or readily available to the commercial customer:

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

B. The specific hazardous constituents;

C. The estimated mass and concentration of such constituents in waste streams discharged during the calendar month;

D. The type of discharge (continuous, batch, or other); and

E. The estimated mass of dangerous waste constituents in waste streams expected to be discharged in the next 12 months. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.280 Monitoring facilities.

A. Any commercial customer notified by the department that monitoring facilities are required shall provide and operate at its own expense a monitoring facility to allow proper inspection, sampling, and flow measurements of each sewer discharge to the WWTP. Monitoring facilities shall be situated on the commercial customer’s premises, unless this would be impractical or cause undue hardship on the user. In such cases, the city may allow the commercial customer to construct the facility in the public right-of-way, providing it will not be obstructed by landscaping or parked vehicles.

B. When the wastewater superintendent, or authorized designee, determines it is appropriate, in the wastewater superintendent or designee’s sole discretion, the wastewater superintendent or designee may require a commercial customer to construct and maintain monitoring facilities at other locations (for example, at the end of a manufacturing line or wastewater treatment system).

C. There shall be ample room in or near such monitoring facilities to allow accurate sampling and preparation of samples for analysis. The commercial customer shall maintain the facility, sampling, and measuring equipment at all times in a safe and proper operating condition at the customer’s own expense.

D. All wastewater monitoring facilities shall be constructed and maintained in accordance with all applicable construction standards and specifications. All devices used to measure wastewater flow and quality shall be regularly calibrated, but no less frequently than annually, to ensure their accuracy. Calibration records shall be available for inspection of the wastewater superintendent, or authorized designee. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.290 Service cutoff for discharging unauthorized substances into system.

Whenever a commercial customer has violated and continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service and/or wastewater discharge to the commercial customer may be disconnected; provided, however, that the wastewater superintendent, or authorized designee, shall give notice of violation, with intention to disconnect the water and/or wastewater after a specified time period. Service will only recommence, at the commercial customer’s expense, after it has satisfactorily demonstrated its ability to comply. Chapter 1.16 NMC shall also apply. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.300 Septage and liquid hauled wastes.

Septage and liquid waste will not be accepted at the WWTP. Discretion for allowance of waste from cleaning city system or extreme emergencies. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.330 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 WWTP. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.340 Notice of violation.

Any customer, owner/operator, or person who has violated or is continuing to violate any provision of this chapter may receive a notice of the violation from the wastewater superintendent, or authorized designee, which shall indicate the violation, corrective measures, deadline, and any other stipulations that may be required by the wastewater superintendent for mitigating the violation. The customer, owner/operator, or person may request in writing, not more than three days from the date of the violation notice, a hearing before the wastewater superintendent. If, in the wastewater superintendent’s judgment, the violation jeopardizes the public safety, health or welfare, the hearing will be expeditiously held and shall not be grounds to delay the disconnection of service. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.350 Penalties for violation.

Unless otherwise provided, a violation of this chapter, except for a failure to pay a bill or other charge, is a misdemeanor as described in Chapter 1.16 NMC. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.360 Civil penalties.

Any customer, owner/operator or person that has violated or continues to violate any provision of this chapter, an order issued hereunder, a wastewater discharge permit, or any other pretreatment standard or requirement not reserved by a permit by the department shall be liable to the city under penalties outlined in Chapter 1.16 NMC. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of noncompliance with a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of such noncompliance. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.370 Criminal prosecution.

A. Any customer, owner/operator, or person who violates any provision of this chapter, or order issued hereunder, or any pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor. Penalties are outlined in Chapter 1.16 NMC.

B. Any customer, owner/operator, applicant, or person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be, upon conviction, guilty of a gross misdemeanor. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.380 Injunctive relief.

When the wastewater superintendent finds that a customer has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may petition the court through the city attorney for the issuance of a temporary or permanent injunction, as appropriate. Such an injunction shall restrain or compel specific compliance with an applicable wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the customer. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the customer to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the customer. (Ord. 2124 § 1 (Exh. D), 2024)

13.16.390 City council – Rules and regulations.

To provide for efficient administration, the city council may, from time to time, make or adopt such rules and regulations by ordinance or resolution as it deems necessary for the proper management of the department and operation of the utility. In addition to this chapter and existing ordinances and resolutions incorporated herein or related hereto, the city council may, from time to time, adopt additional ordinances and/or resolutions affecting this chapter or the services provided by the city or department hereunder, and which may provide for or include, but not be limited to, regulating water or wastewater outside of the city, billing and collection, penalties for delinquencies, shutoffs for nonpayment of water or wastewater charges, meter testing, charges for installation, maintenance or repair, and such other rules and regulations to promote compliance with and enforcement of this chapter, all of which shall be considered part of the owner/operator’s application, permit, contract or agreement with the city to receive wastewater service from the city. (Ord. 2124 § 1 (Exh. D), 2024)