Chapter 13.32 SEWER SYSTEM DISCHARGE AND PRETREATMENT

A. This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) operated by the city of North Bend. It enables the city of North Bend to comply with state and federal laws that apply to POTWs with significant industrial users, but without a discharge permit program. All actions required, or authorities granted under this chapter are in accordance with the Clean Water Act (33 U.S.C. 1251 et seq.), the Federal Pretreatment Regulations (40 CFR Part 403), and Chapter 90.48 RCW, Water Pollution Control. The objectives of this chapter are:

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

2. 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;

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

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

5. To improve the opportunity to recycle and reclaim wastewater and sludge (biosolids) from the POTW; and

6. To promote strategies which reduce the amounts of pollution generated by users, thereby reducing the associated hazards to the POTW and receiving waters.

B. This chapter shall apply to all users of the POTW. The chapter defines certain prohibited discharges; sets forth local limits for use by state agencies in the issuance of wastewater discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the recovery of liquidated damages and collection of penalties. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.010).

13.32.020 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 North Bend personnel. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.020).

13.32.030 Abbreviations.

The following abbreviations shall have the designated meanings:

A. ASPP/SCP – Accidental spill prevention plan/slug control plan requirement;

B. AKART – All known, available, and reasonable means of prevention, control, and treatment (See NBMC 13.32.040, Definitions);

C. BOD – Biochemical oxygen demand;

D. CFR – Code of Federal Regulations;

E. COD – Chemical oxygen demand;

F. EPA – U.S. Environmental Protection Agency;

G. gpd – Gallons per day;

H. l – Liter;

I. LEL – Lower explosive limit;

J. mg – Milligrams;

K. mg/l – Milligrams per liter;

L. NPDES – the National Pollutant Discharge Elimination System as defined under Section 402 of the Clean Water Act;

M. O&M – Operation and maintenance;

N. POTW – Publicly owned treatment works;

O. RCRA – Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.);

P. SIC – Standard industrial classifications;

Q. SIU – Significant industrial user;

R. SWDA – Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

S. TSS – Total suspended solids;

T. U.S.C. – United States Code.

Note: With regard to abbreviations above, the use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.040).

13.32.040 Definitions.

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

A. “A” Definitions.

1. “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.

2. “AKART” is an acronym for “all known, available, and reasonable treatment 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 by applied by all users of the POTW. AKART includes best management practices and may be required by the director for any discharge to the POTW. “Best management practices” are considered a subset of the AKART requirement.

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

4. “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 employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), 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 designee.

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

B. “B” Definitions.

1. “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 or waters of the state. 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.

2. “Biochemical oxygen demand (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)].

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

C. “C” Definitions.

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

2. “Categorical user” means a user covered by one or more categorical standard(s) as defined herein.

3. “City” means the city of North Bend, Washington.

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

a. 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.

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

5. “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 optical density.

6. “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.

D. “D” Definitions.

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

2. “Director” means the city of North Bend director of public works, designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, and specifically including his/her duly authorized representative or inspector.

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

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

E. “E” Definitions.

1. “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.

2. “Existing source” means any categorical user which discharges wastewater to the POTW, 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.

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

F. “F” Definitions.

1. Fats, Oils and Grease (FOG). The term “fats, oils, and grease” shall mean those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, 19th Edition, 1995. The term “fats, oils and grease” shall include polar and nonpolar fats, oils and grease and other components extracted from wastewater by these methods.

G. “G” Definitions.

1. “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.

2. “Grease interceptor” means an interceptor of at least 750-gallon capacity to serve one or more fixtures and which shall be remotely located pursuant to the Uniform Plumbing Code adopted pursuant to Chapter 15.20 NBMC.

3. “Grease trap” means a device designed to retain grease from one to a maximum of four fixtures pursuant to the Uniform Plumbing Code adopted pursuant to Chapter 15.20 NBMC.

H. Reserved.

I. “I” Definitions.

1. “Indirect discharge” or “discharge” means the introduction of pollutants into 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.

2. “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, and/or is subject to regulation under federal categorical pretreatment standards, the state waste discharge permit program, or this chapter.

3. “Interference” means the effect of a discharge or discharges on the POTW from one or more users which results in either: (a) inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal; (b) violation of any permit regulating the city of North Bend wastewater discharge or sewage sludge; or (c) 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.)

J. Reserved.

K. Reserved.

L. Reserved.

M. “M” Definitions.

1. “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 composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

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

3. “Minor industrial user” means an industrial user of the POTW identified by the city that discharges a waste stream which, when taken with the waste stream from other minor industrial users, may have a significant impact on the POTW. MIUs without process discharge waste streams that have potential for accidental spills to the sewer may be subject to ASPP/SCP requirements.

N. “N” Definitions.

1. “New source” means:

a. 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 POTW, and:

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

ii. The new construction totally replaces the 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.

b. Construction of a new source as defined under this definition has commenced if the owner or operator has either: (i) begun, or caused to begin any placement, assembly, or installation of facilities or equipment; (ii) 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 (iii) entered into a binding contractual obligation for the purchase of facilities or equipment for use in operation of a new source within a reasonable time.

2. “New user” means any noncategorical user that plans to discharge a new source of wastewater to the city of North Bend 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.

O. Reserved.

P. “P” Definitions.

1. “Pass through” means a discharge which exits the POTW into waters of the United States or waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, either: (a) cause a violation of any requirement of a city of North Bend NPDES or other required state or federal permit; (b) cause an increase in the magnitude or duration of a violation; or (c) cause a violation of any water quality standard for waters of the state promulgated under state regulations including Chapter 173-201A WAC.

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

3. “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.

4. “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.)

5. “Pollutant” means any substance, either liquid, gaseous, solid, or radioactive, discharged to the POTW 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.

6. “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.

7. “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).

8. “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.

9. “Pretreatment standards” or “standards” mean any pollutant discharge limitations including categorical standards, state standards, and limits in NBMC 13.32.080 applicable to the discharge of nondomestic wastes to the POTW. The term shall also include the prohibited discharge standards of this chapter, WAC 173-216-060, and 40 CFR Part 403.5.

10. “Prohibited discharge standards” or “prohibited discharges” mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in NBMC 13.32.050.

11. “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 of North Bend. 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. The term shall also mean the city of North Bend.

Q. Reserved.

R. Reserved.

S. “S” Definitions.

1. “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.

2. “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.

3. “Sewage” or “wastewater” mean water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present.

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

5. “Shall” defines a mandatory requirement.

6. “Significant industrial user” 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 waste-stream 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 director on the basis that it has a reasonable potential, either singly or in combination with other contributing users, 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 b of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any applicable pretreatment standard or requirement, the department may at any time, on its own initiative or in response to a petition received from a user or the city of North Bend and in accordance with procedures in 40 CFR 403.8(f)(6) determine that such user should not be considered a significant industrial user.

7. “Significant noncompliance (SNC)” shall refer to a violation or pattern of violation of one of the following natures:

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

b. “Technical review criteria (TRC) violations,” defined here as those in which 33 percent or more of all wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC [1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH];

c. Any other discharge violation that the city of North Bend believes has caused, alone or in combination with other discharges, interference or pass through;

d. Any discharge of pollutants that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city of North Bend’s exercise of its emergency authority to halt or prevent such a discharge;

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

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

g. Failure to accurately report noncompliance; or

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

8. “Sludge” means any solid, semi-solid or liquid residue generated by the processes of a domestic treatment works or the wastewater treatment plant. Sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes; and any material derived from sewage sludge. Sludge does not include ash generated during the firing of sludge in a sludge incinerator or grit in screenings generated during preliminary treatment of domestic sewage in a treatment works. For the purposes of this chapter, scum which is not combined with the solids removed in primary, secondary or advanced wastewater treatment process is not considered to be sludge.

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

10. “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.

11. “State” means the state of Washington.

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

T. “T” Definitions.

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

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

3. “Treatment plant effluent” means the discharge from the city of North Bend POTW.

U. “U” Definitions.

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

V. Reserved.

W. “W” Definitions.

1. Wastewater. See Sewage.

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

3. “Wastewater treatment plant” or “treatment plant” means that portion of the POTW designed to provide treatment of sewage as defined herein.

X. Reserved.

Y. Reserved.

Z. Reserved. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.030).

13.32.050 Prohibited discharge standards.

A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. (40 CFR 403.5(a) and WAC 173-216-060(2)(b)(i).)

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants in any form (solid, liquid, or gaseous):

1. Any pollutant which either alone or by interaction may create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21, (40 CFR 403.5(b)(1)), or are capable of creating a public nuisance. (WAC 173-216-060(2)(b)(ii));

2. Wastewater containing heavy metals, including but not limited to copper, zinc, mercury, and silver, at concentrations or in total amounts which alone or in conjunction with other sources, will cause the POTW to violate its NPDES permit;

3. Any pollutant which will cause corrosive structural damage to the POTW, but in no case discharges with a pH less than 5.5 or more than 9.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by an applicable wastewater discharge permit. (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv));

4. Any solid or viscous substances including fats, oils, and greases in amounts which may cause obstruction to the flow to or in a POTW or other interference with the operation of the POTW (40 CFR 403.5(b)(3) and WAC 173-216-060(2)(b)(iii)). Any fat, oil or grease substance in excess of 100 ppm shall be presumed to cause obstruction;

5. Any discharge of pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, is sufficient to cause interference with the POTW. (40 CFR 403.5(b)(4) and WAC 173-216-060(2)(b)(vi));

6. Any waste stream having a temperature which will inhibit biological activity in the treatment plant resulting in interference, or causing worker health or safety problems in the collection system. In no case shall wastewater be discharged at a temperature which causes the temperature of the influent to the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius) unless the system is specifically designed to accommodate such a discharge, and the discharge is authorized by an applicable wastewater discharge permit. (40 CFR 403.5(b)(5) and WAC 173-216-060(2)(b)(v));

7. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (40 CFR 403.5(b)(6) and WAC 173-216-060(2)(b)(i));

8. Any pollutants which result in the presence of toxic gases, vapors, or fumes within any portion of the POTW in a quantity that may cause worker health and safety problems. (40 CFR 403.5(b)(7) and WAC 173-216-060(b)(ii));

9. Any trucked or hauled wastes unless authorized by the director and at discharge points designated by the city of North Bend and in compliance with all applicable city of North Bend requirements and during specified hours. (40 CFR 403.5(b)(8));

10. Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. (WAC 173-216-060(2)(b)(ii));

11. Any of the following discharges unless approved by the department under extraordinary circumstances such as the lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions. (WAC 173-216-060(2)(b)(vii)):

a. Noncontact cooling water in significant volumes;

b. Stormwater, and other direct inflow sources; or

c. Wastewaters significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by the POTW;

12. Any dangerous or hazardous wastes as defined in Chapter 173-303 WAC, as amended, except as allowed in compliance with that regulation. (WAC 173-216-060(1) and 40 CFR Part 261);

13. Any substance which will cause the POTW to violate its NPDES, state waste discharge or other disposal system permits or causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;

14. Any substance which may cause the POTW’s effluent or treatment residues, sludges, or scums to be unsuitable for reclamation and reuse or would interfere with the reclamation process or cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed pursuant to the federal, state, or local statutes or regulations applicable to the sludge management method being used;

15. Any discharge which causes the transmittance of the POTW final effluent to fall below 60 percent at 254 nanometers;

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

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

18. Any medical wastes, except as specifically authorized by the director;

19. Any detergents, surface-active agents, or other substances in amounts which may cause excessive foaming or other interference in the POTW;

20. Any incompatible substance including but not limited to: grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, whole milk, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;

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

22. 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 a legal and binding agreement by the director (except that no waiver may be given to any categorical pretreatment standard).

C. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.050).

13.32.060 Federal categorical pretreatment standards.

National Categorical Pretreatment Standards as adopted and hereafter amended by the EPA pursuant to the Act shall be met by all users in the regulated industrial categories. These standards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated by reference. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.060).

13.32.070 State requirements.

A. State requirements and limitations on discharges to the POTW as incorporated into Washington State Law by Chapter 90.48 RCW and implemented in Chapters 173-201A, 173-216, and 173-240 WAC, shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this or other applicable ordinances. This includes the requirement to meet AKART as defined herein whenever applicable and more stringent than the limits of NBMC 13.32.080, and to comply with the requirements of NBMC 13.32.180.

B. Any user determined by the city of North Bend to qualify as a significant industrial user shall file an application for a state waste discharge permit with the department in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application, and payment of permit fees shall be kept at the user’s facilities, and produced upon request by the city of North Bend. Failure to submit the application or rejection of the application by the department may be considered sufficient grounds to terminate or refuse to provide sewer service. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.070).

13.32.080 Local limits.

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

Metal	mg/l
Silver	0.0010
Copper	0.0095
Mercury	0.0004
Zinc	0.0678

B. The above limits apply to the end of any process or combination of processes identified to have a potential discharge of this pollutant. All concentrations for metallic substances are for “total” metal unless indicated otherwise. The city may impose mass limitations in addition to or in place of the concentration-based limitations above. Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.080).

13.32.090 City’s right of revision.

The city of North Bend reserves the right to establish more stringent standards or requirements on discharges to the POTW. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.090).

13.32.100 Special agreement.

A. The city may enter into agreements with users to accept pollutants compatible with the treatment system at concentrations greater than those typical of domestic wastewater. Within such agreements, the city of North Bend may establish terms of the user’s discharge to the POTW including maximum flow rates and concentrations. The city of North Bend may also establish fees to recover costs associated with treating such wastes and monitoring schedules in such agreements. In no case will a special agreement waive compliance with a state or federal pretreatment standard or requirement including categorical standards.

B. 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. The director may require any claim of compatibility to be endorsed by the department.

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

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 facilitate compliance by arranging or providing pollution prevention technical assistance for users, especially those in violation of pretreatment standards. The director intends to provide such assistance in coordination and cooperation with the appropriate local, county, and state authority(ies). (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.100).

13.32.110 Dilution.

No user shall ever increase the use of water, nor combine separate waste streams, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The director may request the department impose mass limitations on users which he/she believes may be using dilution to meet applicable pretreatment standards or requirements, or in any other case when the imposition of mass limitations is appropriate. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.110).

13.32.120 Pretreatment facilities.

A. Users shall procure and properly install, operate, and maintain the pretreatment facilities which combined with appropriate best management 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 for review and approval in accordance with the procedures of Chapter 173-240 WAC, and shall be disclosed to the city of North Bend 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 of North Bend and/or the department and meet discharge limitations under the provisions of this chapter. Such facilities shall be provided, operated, and maintained at the user’s expense.

B. Users shall comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and shall modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. Users shall submit proposals to modify pretreatment facilities to the department before implementation in accordance with Chapter 173-240 WAC. Users shall submit a copy of such revised plans and the department’s acceptance to the director before implementing changes to approved pretreatment facilities. The director may audit the compliance of any user, and require changes in operating procedures deemed necessary by the director to ensure continued compliance with applicable pretreatment standards and requirements. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.120).

13.32.130 Deadline for compliance with applicable pretreatment requirements.

A. Existing sources (as defined herein) to which one or more categorical pretreatment standard 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 user (as defined herein) or any categorical user when the local limits for said user are more restrictive than EPA’s categorical pretreatment standards.

B. New sources and new users as defined herein shall comply with applicable pretreatment standards within the shortest feasible time. In no case shall such time exceed 90 days from beginning a discharge. Prior to commencing discharge, such users shall have all pollution control equipment required to meet applicable pretreatment standards installed and in proper operation. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.130).

13.32.140 Additional pretreatment measures.

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

B. Grease, oil, and sand interceptors or traps shall be required when, in the opinion of the director, they are necessary for the proper handling of wastewater containing grease and oil in excess of the limits in NBMC 13.32.080, or excessive amounts of sand or other settle-able solids. Such interceptors shall not be required for domestic users. All interceptors shall be of type and capacity approved by the director and shall be located to be easily accessible for cleaning and inspection. Each user shall maintain, inspect, and clean required interceptors or traps on a schedule that ensures they capture the intended pollutants, and prevents their reintroduction into the storm or sanitary sewer systems. Users shall bear all expenses related to installation, maintenance, and repair of interceptors, and the proper disposal of removed materials.

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

D. The director may require a user discharging more than 10,000 gallons per day or 10 percent of the average daily flow in the POTW, whichever is less, to install and maintain, on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. The facility shall have a capacity for at least 50 percent of the daily wastewater discharge volume and shall be equipped with alarms and a rate of discharge controller. The director shall direct the control of discharges. The city may require the user to obtain a wastewater discharge permit solely for flow equalization, or to develop a slug discharge control plan (see NBMC 13.32.150). (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.140).

13.32.150 Accidental spill/slug discharge control plans.

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

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

2. A description of any and all stored chemicals;

3. Procedures for immediately notifying the director of any accidental or slug load discharges, with procedures for follow-up written notification within five days; and

4. Procedures to prevent adverse impact from any accidental or slug load discharge, including, but not limited to, the following: inspection and maintenance of chemical storage areas, handling and transfer of materials; loading and unloading operations; control of runoff, worker training; construction of containment structures or equipment; and measures for emergency response.

B. Users shall verbally notify the director immediately upon the occurrence of a slug load or accidental discharge of substances regulated by this chapter and take immediate actions to correct the situation. Such notification shall include the following information: (1) the location of discharge, (2) the date and time thereof, (3) the type of waste, (4) the waste concentration and volume, and (5) the corrective actions taken and planned. The user shall follow-up with a written notification to the director containing the same information within seven days following the discharge.

C. Any user who discharges an accidental discharge or slug load shall be liable for: (1) recovery of any resultant expenses, losses, and damages to the POTW; (2) recovery of any fines or settlements levied upon the city by any government agency or court of competent jurisdiction attributable to the discharge; and (3) applicable fines and penalties assessed upon the user by the city of North Bend for noncompliance with this chapter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.150).

13.32.160 Septage and liquid hauled wastes.

A. Residential/domestic septic tank waste may be introduced into the POTW only at a designated receiving structure within the treatment plant area, or at a site authorized by the director and at such times as are established by the director. Such wastes shall not violate this chapter or any other requirements established or adopted by the city, except as authorized by the director.

B. Permits for individual vehicles to use such facilities shall be issued by the city. Wastewater discharge permits may be issued to each septage hauling business, and may encompass more than one vehicle.

C. No load may be discharged without prior consent of the director. The director may collect samples of each hauled load to ensure compliance with applicable pretreatment standards. The director may require the hauler to provide a waste analysis of any load prior to discharge.

D. Septage haulers shall utilize a waste tracking form (manifest) provided by the director for every load discharged. Any discharge without a manifest form is an unauthorized discharge and the hauler will receive an administrative fine of not less than $5,000, and may have their discharge permit revoked or suspended.

E. Wastewater discharge permit fees for liquid waste haulers shall be established and charged in addition to any license and volume fees charged. License and volume fees shall be established as part of the user fee system utilizing the principles established above. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.160).

13.32.170 Requirements to complete industrial user surveys.

The director shall periodically notify new, existing, and potential users of the requirement to complete a user survey form. Upon notification, users shall fully and accurately complete the survey form, and return the completed form to the director within 30 days of receipt. Each user shall maintain a copy of the latest completed survey form at their place of business. Failure to fully or accurately complete a survey form, or to maintain the latest survey form on the premises where a wastewater discharge is occurring shall be a violation of this chapter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.170).

13.32.175 Education.

The city shall undertake to educate all users of the general requirements of this chapter, including permitting requirements, discharge prohibitions, potential penalties, and fees. The city shall also endeavor to promote appropriate waste reduction strategies for all users through educational materials. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.175).

13.32.180 Wastewater discharge permitting – Requirements for discharge.

A. No significant industrial user (SIU) shall discharge wastewater into the POTW without first obtaining a statement from the director that the POTW has the hydraulic, and/or loading capacity to accept the discharge. Each SIU must also comply with the state requirements listed in NBMC 13.32.070, and in particular, apply for and receive a wastewater discharge permit from the department which authorizes the discharge. The director may require proof of application as a condition of new or continued discharge. Obtaining a wastewater discharge permit does not relieve an SIU of his/her obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local regulation including the requirement for applying AKART.

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

C. The director may also establish, and require users, by letter, permit, or rule, to implement those best management practices determined by the director to be representative of AKART, or to discontinue use of any substance for which an effective substitute is available which will either: (1) lessen the potential for violating this chapter or any water quality standard, or (2) may represent a significant decrease either singly, or in combination with other similar users, in the toxicity of pollutant loadings to the POTW.

D. The city may require any user, or category of users, to complete pollution prevention planning and to submit the completed plan to the city for approval. The city may require users who must submit a pollution prevention plan under the state’s Hazardous Waste Reduction Act to provide this plan to the director as a condition of initial or continued discharge.

E. Whenever a moratorium has been imposed upon the POTW preventing the addition of new users, the director may require any or all users of the POTW to develop plans to reduce their discharges through water reuse, recycling, reclamation or other applicable management practices, and to implement such plans or other measures deemed appropriate by the director to preserve the availability of public sewage treatment services. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.180).

13.32.190 Permit requirements for dangerous waste constituents.

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

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

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

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

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

B. Compliance shall be obtained on the following schedule:

1. Before discharge for new users;

2. Within 30 days after becoming aware of a discharge of dangerous wastes to the POTW for existing users; and

3. 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. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.190).

13.32.200 Disclosure of records.

Each user shall have available at the location of discharge, all records and reports required by this chapter, by any applicable state and federal regulation, and by any permit or order issued thereunder. Each user shall make such records available for review by the director during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of this chapter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.200).

13.32.210 Reports from unpermitted users.

All users not obligated to obtain a wastewater discharge permit from the department shall provide appropriate reports to the city of North Bend as the director may require. The director shall determine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.210).

13.32.220 Reporting requirements for dangerous waste constituents.

Any user that is discharging seven 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 seven kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system.

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; and

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

D. If an industrial user discharges more than 50 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:

1. An identification of the hazardous constituents contained in the wastes,

2. An estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month, and

3. 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.

In the case of any notification made under this subsection, 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 NBMC 13.32.050. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.220).

13.32.225 Notice of potential problems including accidental spills and 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 NBMC 13.32.040. 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. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.225).

13.32.227 Notice of changed discharge.

Any user shall notify the city at least 60 days in advance of any substantial change in the volume or character of pollutants in its 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. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.227).

13.32.230 Record keeping.

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

B. Monitoring records shall include: the date, exact place, method, and time of sampling; the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

C. 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 director has specifically notified the user that a longer retention period is required. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.230).

13.32.240 Sampling requirements for users.

A. Applicable Requirements. Users which discharge to the POTW shall abide by all applicable wastewater monitoring requirements of this chapter, any applicable order, and any state or federal regulation or permit, including a state waste discharge or NPDES permit. The director may require any user to engage in self-monitoring as a requirement of discharge to the POTW, or may conduct city of North Bend monitoring of any discharge to the POTW.

B. Categorical User Sampling Requirements. Categorical users with combined discharges shall measure flows and pollutant concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e). Where feasible, such users shall sample immediately downstream from any pretreatment facilities, unless the department determines end-of-pipe monitoring to be more stringent or applicable.

C. Noncategorical Users. All other users where required to sample, shall measure the flows and pollutant concentrations necessary to evaluate compliance with pretreatment standards and requirements.

D. Data Required. Users which analyze wastewater samples shall record and report with the sampling results, the information required by NBMC 13.32.230(B). All required reports shall also certify that the samples are representative of normal work cycles and wastewater discharges from the user. Whenever a user analyzes wastewater samples for any regulated pollutant more frequently than required, using methodologies in 40 CFR Part 136, the results of such analyses shall be submitted with the next required wastewater discharge report. Reports containing incomplete information shall not demonstrate compliance with this chapter, or a wastewater discharge permit.

E. Noncompliance Reporting. If sampling performed by a user indicates a violation of its wastewater discharge permit or this chapter, the user shall notify the city within 24 hours of becoming aware of the violation. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.240).

13.32.250 Analytical requirements.

Users shall ensure that all wastewater analyses required to be reported with the exception of flow, temperature, settle-able solids, conductivity, and pH shall be performed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC. Sampling and analysis techniques used in collection, preservation, and analysis, shall be in accordance with 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. Where 40 CFR Part 136 does not contain applicable sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by the EPA or the department. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.250).

13.32.260 City monitoring of wastewater.

The city shall follow the procedures required of users described in NBMC 13.32.240 and 13.32.250 whenever conducting wastewater sampling of any industrial user when such sampling is conducted to ensure compliance with this chapter and applicable pretreatment standards and requirements. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.260).

13.32.270 Right of entry for inspection and sampling.

A. The director shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any wastewater discharge permit or order issued under this chapter or by the department, is being met and whether the user is complying with all requirements thereof.

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

C. 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.

D. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director, his or her agents or assigns, and representatives of state and federal authority will be allowed to enter without delay for the purposes of performing their respective duties.

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

F. Unreasonable delays or failure to allow the director access to any area to perform functions authorized under this chapter shall be grounds for termination of wastewater treatment services, and enforcement as authorized by this chapter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.270).

13.32.280 Monitoring facilities.

A. Any user notified by the department or the city of North Bend 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 POTW. Monitoring facilities shall be situated on the user’s premises.

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

C. There shall be ample room in or near such monitoring facilities to allow accurate sampling and preparation of samples for analysis. The user shall maintain the facility, sampling, and measuring equipment at all times in a safe and proper operating condition at his/her 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 director. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.280).

13.32.290 Search warrants.

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

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

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

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

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

B. In the event the director has reason to believe a situation represents an imminent threat to public health and safety, and where entry has been denied or the area is inaccessible, the director may enter in the company of a uniformed police officer, before a requested warrant has been produced, in order to determine if the suspected situation exists, and if so, to take such actions necessary to protect the public. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.290).

13.32.300 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. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.300).

13.32.310 Confidential information.

A. Records kept by the city of North Bend with respect to the nature and frequency of dis-charges from any user shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city of North Bend, that the release of such information would divulge information, processes or methods of production entitled to confidentiality under the law.

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

C. No correspondence claimed as “confidential” shall be withheld from any state or federal agency responsible for oversight of the city’s NPDES permit or authority to implement the NPDES, or state or federal pretreatment programs. Wastewater constituents and characteristics, and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.310).

13.32.320 State responsibility for administrative actions.

The department is charged with permitting and regulating SIUs discharging to the city POTW. Except for emergency actions, it shall be the policy of the director to coordinate actions in regard to control of such users with the department until such time as a local pretreatment program for the city may be authorized by the state. Failure to conduct such coordination, however, shall not invalidate any action of the city authorized by this chapter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.320).

13.32.325 Annual publication.

The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users who, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.325).

13.32.330 Notification of violation.

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

B. Within 10 days of receipt of such notice of violation, the user shall submit to the director an explanation of the violation and a plan to satisfactorily correct and prevent the reoccurrence of such violation(s). The plan shall include specific actions the user will take, including: (1) increased monitoring, the results of which shall be reported to the city, and (2) specific BMPs or treatment measures to be implemented, and the implementation dates of each. All corrective actions must be completed as quickly as is practicable. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

C. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.330).

13.32.340 Consent orders.

A. The director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such consent orders shall include specific action to be taken by the user to correct the noncompliance within a time schedule also specified by the consent order.

B. Compliance schedules, when included in consent orders, may not extend the compliance date beyond any applicable state or federal deadlines. Consent orders shall have the same force and effect as compliance orders issued pursuant to this chapter, and shall be judicially enforceable.

C. Failure to comply with any terms or requirements of a consent order by the user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the director. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.340).

13.32.350 Compliance orders.

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

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

C. Failure to comply with any terms or requirements of a compliance order by a user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or any other enforcement action authorized under this chapter and deemed appropriate by the director. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.350).

13.32.360 Administrative show cause hearing.

A. A user shall be afforded the opportunity to an administrative hearing to contest the city’s determination to suspend services, impose penalties, recover costs, or establish compliance schedules. A user shall also have the right to a hearing prior to termination of a user’s wastewater collection and treatment services.

B. Notice shall be served on the user specifying the time and place for the administrative hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served on an authorized representative of the user (return receipt requested) at least 15 days prior to the scheduled hearing date.

C. An administrative hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.360).

13.32.370 Cease and desist orders.

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

1. Immediately cease such actions or discharges as described;

2. Comply with all applicable pretreatment standards and requirements;

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

B. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.370).

13.32.375 Administrative fines.

A. When the director finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, 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.

B. 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 user’s discharge permit.

C. 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.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.375).

13.32.380 Emergency suspension of wastewater services.

A. The director may immediately suspend wastewater services, including collection and treatment, after informal notice to the user, if it appears to the city that such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to either the environment, normal operation of the POTW, or the health or welfare of any person or the general public.

B. Any user notified of a suspension of its wastewater discharge shall immediately cease all such discharges. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the 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 the danger to the public. The director may allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed, unless termination proceedings pursuant to this chapter are initiated against the user.

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

D. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any administrative hearing authorized by this chapter.

E. Nothing in this section shall be interpreted as requiring an administrative hearing prior to any emergency suspension under this section. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.380).

13.32.390 Termination of treatment services (nonemergency).

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

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

2. Violated any provision of this chapter including the discharge prohibitions and standards of this chapter; or

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

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

1. Failure to accurately report wastewater constituents or characteristics;

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

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

C. Issuance of a termination order by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.390).

13.32.395 Appeal procedures.

A. Appeals.

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

2. 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.

3. Upon receipt of a timely appeal, the director shall set a date and time for an appeal hearing in accordance with NBMC 2.20.150. The appellant shall be notified in writing of the date, time, and place for the appeal hearing. The appeal shall be heard by the city’s hearing examiner.

B. Appeal Hearing.

1. 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.

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

3. 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.

4. The hearing examiner may take notice of judicially cognizable facts.

C. 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.

D. Administrative Costs. The appellant shall be responsible for all costs associated with conducting the appeal hearing including but not limited to advertisement, hearing examiner fees, reproduction costs, and other associated expenses.

E. Judicial Review of Appeal.

1. 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 King County superior court; provided, that any petition for review shall be filed no later than 30 days after date of the final determination.

2. Copies of the petition for review shall be served as in all civil actions.

3. 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.

4. 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.

5. 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:

a. In violation of constitutional provisions; or

b. In excess of the authority or jurisdiction of the hearing examiner. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.395).

13.32.400 Injunctive relief.

When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, he/she may petition the King County superior court through the city attorney for the issuance of a temporary or permanent injunction, as appropriate. Such injunction shall restrain or compel specific compliance with an applicable wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.400).

13.32.410 Civil penalties.

A. A user which has violated or continues to violate any provision of this chapter, an order issued hereunder, a wastewater discharge permit, or any other pretreatment standard or requirement not reserved by a permit by the department shall be liable to the city for a maximum civil penalty of $10,000 per violation per day. 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.

B. In addition to the penalty amounts assessable under subsection A of this section, the director may recover reasonable attorneys’ fees, court costs, and other expenses associated with compliance and enforcement activities authorized under this chapter. This shall include recovery of costs for sampling and monitoring, and the cost of any actual damages incurred by the city of North Bend including penalties for noncompliance with the city of North Bend NPDES permit to the extent attributable to the user.

C. The city shall petition the King County superior court to impose, assess, and recover such sums. In recommending the amount of civil liability, the director shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires, and shall present this analysis as evidence in support of the recommended penalty.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.410).

13.32.420 Criminal prosecution.

A. A user which has willfully or negligently violated any provision of this chapter, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $10,000 per violation, per day, plus costs of prosecution or imprisonment in the county jail not to exceed one year, or by both fine and imprisonment, at the discretion of the King County superior court.

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

C. Where willful or negligent introduction of a substance into the POTW causes personal injury or property damage, this action shall be in addition to any other civil or criminal action for personal injury or property damage available under the law. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.420).

13.32.430 Remedies nonexclusive.

The enforcement provisions of this chapter are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.430).

13.32.440 Water supply severance.

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.440).

13.32.450 Public nuisances.

A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 8.08 NBMC governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.450).

13.32.460 Performance bonds and liability insurance.

The director may decline to reinstate wastewater collection and treatment service to any user whose wastewater services were suspended or terminated under the provisions of this chapter, unless such user, at the sole discretion of the director, either: (A) first files with the city a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance; or (B) first submits proof that the user has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.460).

13.32.470 Innovative settlements and supplemental environmental projects.

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

B. In recommending this option, the director shall consider all relevant circumstances, including, but not limited to, the following criteria: (1) the net environmental benefit, (2) the ability of the project to help achieve or ensure compliance, (3) the willingness of the party to change the circumstances that led to the noncompliance, and (4) the responsible party’s technical and financial ability to successfully complete the project.

C. In enforcement actions taken by the department, the city may make written recommendations either for, or against, an innovative settlement agreement with a noncompliant user based on the above criteria. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.470).

13.32.480 General prohibited discharge standards.

A. The city may allow an affirmative defense to an enforcement action brought against a user for noncompliance with the general and specific prohibitions in NBMC 13.32.050(A) and (B)(3) through (7). An affirmative defense requires the user to prove to the satisfaction of the director that:

1. The user did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference; and

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

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

B. This defense does not relieve the user from responsibility for enforcement to recover costs as provided under this chapter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.480).

13.32.490 Upset.

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

B. A user who wishes to establish the affirmative defense of upset to an enforcement action brought for noncompliance with applicable pretreatment standards shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred; the user can identify the cause(s) of the upset; and it was not due to improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation; and

2. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

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

a. A description of the indirect discharge and cause of noncompliance; and

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

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

C. Users will only have the opportunity for a judicial determination on a claim of upset in an enforcement action brought for noncompliance with applicable pretreatment standards. In any such enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.490).

13.32.500 Bypass.

A. A user may allow a bypass to occur if it does not cause applicable pretreatment standards or requirements to be violated, and if it is for essential maintenance to ensure efficient wastewater treatment operations. These bypasses are subject to the provisions of subsections B and C of this section.

B. Requirements for bypasses subject to pretreatment standards or requirements:

1. 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.

2. A user shall give verbal notification to the director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours of becoming aware of the bypass, and submit a written report to the director within five days of becoming aware of the bypass.

3. The written report shall contain: a description of the bypass and its cause; the duration of the bypass, including exact dates and times; the anticipated time when any ongoing bypass is expected to be halted; and, the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report if the verbal notification has been received within 24 hours.

C. Exceptions. Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:

1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (as defined herein); and

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated or inadequately treated wastewaters, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate 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

3. The user submitted notices as required, above, in subsection B of this section.

D. The director may approve an anticipated bypass, after considering its adverse effects, if he/she determines that it will meet all three conditions listed in subsection C of this section. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.500).

13.32.505 Pretreatment charges and fees.

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

A. Fees may include:

1. Fees for monitoring, inspection, surveillance and enforcement procedures including the cost of collecting and analyzing a user’s discharge;

2. Fees for reviewing and responding to accidental discharge procedures and construction;

3. Fees for preparing and executing enforcement action;

4. Fees for filing appeals;

5. Fees for high strength waste and industrial process flow; and

6. Other fees as the city may deem necessary to carry out the requirements contained herein.

B. Monitoring Fees. Fees for semiannual inspections and semiannual sampling events of categorical users and significant industrial users are set at $100.00 per visit plus the cost of any lab fees. Any user establishing a pattern of noncompliance, or having a history of noncompliance, or suspected of being in noncompliance, may require additional monitoring visits as deemed appropriate by the director. Any additional inspections, sampling, surveillance monitoring activities, and analysis performed which detect noncompliance will be billed directly to the user.

C. Enforcement Actions. All expenses in preparing enforcement actions will be billed directly to the user.

D. High Strength Waste Fees. Users having effluent concentrations of BOD and/or TSS in excess of 250 mg/L may be billed a high strength waste surcharge. Surcharge rates will be established by the director, and based on cost of conveyance and treatment in the POTW.

E. Industrial Flow Surcharge. An industrial flow surcharge will be billed to significant industrial users and categorical users (and may be billed to other users where deemed appropriate by the director) and based upon the amount of industrial waste flow. The surcharge rate shall be determined at the time of permit application and shall be based upon the cost of administering the pretreatment program.

F. Direct Billing. 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. 1622 § 1 (Exh. A (part)), 2017: Ord. 1242 § 3 (part), 2006. Formerly 13.34.505).