Chapter 13.34 SEWAGE DISPOSAL PRETREATMENT REGULATIONS

This chapter sets forth uniform requirements for dischargers into the city of Prosser sewage works, and enables the city to protect public health in conformity with all applicable local, state and federal laws relating thereto, including the Clean Water Act (33 U.S.C. 1251 et seq.) and the General Pretreatment Regulations (40 CFR part 403).

The objectives of this chapter are the following:

A. To promote the health, safety and welfare of those persons within the city’s public sewer system by requiring use of the sewage works;

B. To prevent the introduction into the sewage works of pollutants that will interfere with the normal operations of the sewage works that would not receive adequate treatment and which would pass through the sewage works into receiving waters and/or the atmosphere or otherwise be incompatible with the sewage works;

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

D. To protect sewage works personnel who may be affected by sewage in the course of their employment and to protect the general public;

E. To improve the opportunity to recycle and reclaim sewage from the sewage works; and

F. To enable the city to comply with all its permits, conditions, sludge use and disposal requirements and any other federal or state laws to which the sewage works is subject.

This chapter provides for the regulation of discharges into the city’s sewage works through the enforcement of administrative regulations. This chapter does not provide for the recovery of operations, maintenance or replacement costs of the sewage works, or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the sewage works, which are the subject of separate enactments. (Ord. 2310 § 1, 2001).

13.34.020 Definitions.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, unless where used the context thereof shall clearly indicate to the contrary:

1. “Act” means the Clean Water Act (33 U.S.C. 1251 et seq.), as now or as it may be amended.

2. “Applicable pretreatment standards” for any specified pollutant means the city’s specific limitations on discharge, the state standards, or the national categorical pretreatment standards (when effective), whichever standard is most stringent in a given situation.

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

4. “Bypass” means the intentional diversion of wastestreams from any portion of an industrial discharger’s treatment facility.

5. “Categorical pretreatment standards or categorical standards” 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 industrial dischargers and which appear in 40 CFR Chapter I, Subchapter N, parts 405 through 471.

6. “City” means the city of Prosser or its authorized deputy, agent, or representative.

7. “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.

8. “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.

9. “Department of Ecology” or “DOE” means the Washington State Department of Ecology.

10. “Discharger—industrial discharger or user” means any nondomestic user who discharges a liquid-carried effluent, or sewage, into the sewage works by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, or any constructed devices and appliances appurtenant thereto specifically.

11. “Downspout” means a pipe which conducts water from a roof of a building.

12. “Environmental Protection Agency” or “EPA” means the U.S. Environmental Protection Agency.

13. “Floatable oil” means fat, or grease in a physical state such that it will separate by gravity from sewage by treatment in an approve pretreatment facility. Sewage shall be considered free of floatable fat if it is properly pretreated and the sewage does not interfere with the sewage works.

14. “G.P.R.” means the general pretreatment regulations (40 CFR part 403) as now or as it may be amended.

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

16. “Indirect discharge” means the discharge or the introduction of nondomestic pollutants from a source regulated under Section 307(b), (c), or (d) of the Act, into the sewage works.

17. “Industrial waste” means the wastes from industrial process as distinguished from sanitary sewage.

18. “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the sewage works, or which causes a violation of any requirement of the city of Prosser sewage treatment plant’s national pollutant discharge elimination system (NPDES) permit including an increase in the magnitude or duration of a violation or any increase in the cost of treatment of sewage or in the cost of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act (33 U.S.C. 1345 et seq.); 40 CFR part 503, Federal Regulations for the Use and Disposal of Municipal Sewage Sludge; 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.); any 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.); and the Marine Protection, Research and Sanctuaries Act (33 U.S.C. 1401 et seq.).

19. “Lower explosive limit” or “LEL” means the lowest concentration of a gas-in-air mixture at which the gas can ignite.

20. “May” is permissive.

21. “Medical waste” means isolation wastes, infectious agents, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

22. “Mg/l” means milligrams per liter, and is interchangeable with parts per million.

23. “Minor industrial discharger or user” means an industrial discharger, which does not meet the definition of “significant industrial discharger,” and has been identified by the city as having a reasonable potential to discharge a wastestream that, alone or in conjunction with discharges from other sources, could adversely affect the sewage works operation or violate any pretreatment standard or requirement.

24. “Natural outlet” means a watercourse, pond, lake, sound, stream, river, ditch or other body of surface water.

25. “New source” means any building, structure, facility, or installation from which there is or may be a discharge of sewage, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section of the Act.

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

27. “NPDES” means the national pollutant discharge elimination system permit program as administered by the EPA or DOE for the city of Prosser sewage treatment plant.

28. “O & M” means operation and maintenance.

29. “Occupant” means any person or owner in physical possession of the building, structure or premises to which sewer service is available.

30. “Other wastes” means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sanitary sewage and industrial waste.

31. “Pass through” means a discharge or pollutant which enters and subsequently exits the sewage works into waters of the U.S. in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city of Prosser sewage treatment plant NPDES permit (including an increase in the magnitude or duration of a violation).

32. “Person” means any individual, firm, company, association, society, corporation or group.

33. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

34. “Pollutant” means any substance discharged into the sewage works which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological integrity of the water of the state, or would or be likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to any legitimate beneficial use, or to any animal life, either terrestrial or aquatic. Pollutants include but are not limited to the following: dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the sewage (i.e., pH, temperature, TSS, turbidity, color, BOD, chemical oxygen demand (COD), toxicity, and odor).

35. “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in sewage to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sewage works. 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 specifically allowed by an applicable pretreatment standard.

36. “Pretreatment requirement” means any substantive or procedural requirement related to pretreatment imposed on an industrial discharger, other than a pretreatment standard.

37. “Pretreatment standard” means discharge standards, categorical pretreatment standards, and local limits.

38. “Private sewer” means the sewer line and disposal system constructed, installed or maintained where connection with the public sewer system is not required herein.

39. “Process sewage” means water or liquid-carried waste discharged from one or more industrial, manufacturing, trade, or business practices or from the development, recovery, or processing of natural resources. Process sewage does not include sanitary sewage or noncontact cooling water. Process sewage may refer to one process discharge or several commingled process discharges.

40. “Process sewer” means a drain or sewer which carries process sewage only, as distinct from “industrial waste,” “sanitary sewer,” and “storm sewer.”

41. “Prohibitive discharge standard” means any regulation developed under the authority of Section 307(b) and (c) of the Act (33 U.S.C. 1317), the G.P.R. (40 CFR part 403), the state or by the city which prohibits the discharge of certain types or characteristics of sewage. These prohibitions can be “general” or “specific” and are contained herein.

42. “Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one quarter inch in any dimension.

43. “Public sewer system” means the sewer or storm drainage facilities owned and maintained by the city.

44. “Public works director” means the public works director of the city, or the director’s authorized representative.

45. “Qualified sewage treatment operator” means an individual who performs routine pretreatment duties, or supervision of such duties on-site at a discharger’s pretreatment facilities which affect effluent quality, and who (a) holds, at least, a valid state of Washington sewage treatment operator 1 certification, or (b) who has successfully completed a course of study which, in the opinion of the public works director, contains all subject matter reasonably related to the duties of a sewage pretreatment operator.

46. “Sanitary sewer” means a sewer which carries domestic/residential sewage and does not ordinarily carry storm water or unpolluted water.

47. “Septage” means, and is limited to, septic tank pumping, portable toilet pumping, sump pumping, camper and trailer pumping, food-service grease traps, and sludge from private sewage disposal systems and lagoons.

48. “Severe property damage” means substantial physical damage to property, damage to the sewage works or pretreatment 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.

49. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, which wastes contain polluted matter subject to treatment at a sewage treatment plant (i.e., sanitary sewage and industrial wastes).

50. “Sewage treatment plant” means that portion of the sewage works designated to provide treatment of sewage and industrial waste at the city of Prosser sewage treatment plant.

51. “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage, including the sewage treatment plant.

52. “Shall” and “will” are mandatory.

53. “Side sewer” means a storm or sanitary sewer pipe leading from a plumbing outlet, drain or other facilities to the public sewer system.

54. “Significant industrial discharger or user” means any industrial user of the sewage works who:

a. Is subject to categorical pretreatment standards; or

b. Discharges an average of twenty-five thousand gallons per day (gpd) or more of process sewage to the sewage works (excluding sanitary, noncontact cooling, and boiler blowdown); or

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

d. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the operation of the sewage works or for violating any pretreatment standard or requirement.

Upon a finding that an industrial user meeting the criteria of subsections (54)(b), (c), or (d) of this section has no reasonable potential for adversely affecting the operation of the sewage works or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in the G.P.R. (40 CFR part 403.8(f)(6)), determine that such user shall not be considered a significant industrial user.

55. “Slugload” means any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause a violation of this chapter, including, but not limited to, the following: interference to the sewage works, or flowrate exceeding the permitted peak flow, or ten percent of the capacity of the available trunk sewer, whichever is greater.

56. “Standard Industrial Classification (SIC) Code” means a classification pursuant to the “Standard Industrial Classification Manual” issued by the U.S. Office of Management and Budget.

57. “State” means the state of Washington.

58. “Storm drain” means a drain which carries storm, surface or subsurface waters or drainage effluent from storm plumbing outlets, and other unpolluted water.

59. “Suspended solids” means solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by filtering.

60. “Toxic pollutants” means those substances listed in the federal priority pollutant list (40 CFR part 423, Appendix A) and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307 of the Act (33 U.S.C. 1317).

61. “Treatment plant effluent” means any discharge or pollutants from the city of Prosser sewage treatment plant into waters of the state.

62. “Unpolluted water” means water in its natural state, or water which, after use of any purpose, is not substantially changed as to chemical or biochemical qualities. The public works director may determine which waters are unpolluted water.

63. “Upset” means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth herein due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.

64. “Watercourse” means a channel in which a natural flow of water occurs or has occurred either continuously or intermittently. (Ord. 2310 § 2, 2001).

13.34.030 Pretreatment standards and requirements.

A. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface drainage, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, or noncontact cooling water, and unpolluted industrial waste to any sanitary sewer or natural outlet, unless approved by the public works director and other regulatory agencies whose approval is required by law.

B. No person shall discharge or cause to be discharged to the sewage works, directly or indirectly, any sewage which will cause interference or pass through. The general and specific prohibitions apply to all dischargers to the sewage works whether or not the discharger is subject to categorical pretreatment standards or requirements. Furthermore, no discharger shall discharge or cause to be discharged to the sewage works, directly or indirectly, any of the following described substances unless prior written approval has been obtained from the public works director:

1. Any liquids, solids, or gases which be reason of their nature or quantity are, or may be, sufficient either alone of by interaction to cause fire or explosion or to be injurious in any other way to the operation of the sewage works, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees centigrade using the test methods specified in 40 CFR part 261.21. At no time shall two successive readings on a combustible gas meter, at the point of discharge into the sewage works (or at any point in the system), be over five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, acetone, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any other substances which are a fire hazard or hazard to the sewage works.

2. Solid or viscous substances in quantities or of such size that they will or may cause reduction of the effective cross-sectional area of a sanitary sewer, obstruction to the flow in a sanitary sewer, or other interference with the operation of the sewage works, including, but not limited to, ashes, bones, rocks, gravel, cement, tile, ceramics, roots, cinders, sand, dirt, mud, straw, shavings, metal, bark, cloth, tires, boots, hoses, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, fat, glue, bottles, grease, toys, combs, cosmetics, hair and fleshings, entrails and paper dishes, paper towels, paper bags, milk containers, and any garbage or putrescible material that has not been properly shredded. In no case may solids greater than one-quarter inch in any dimension be discharged to the sewage works.

3. Any sewage having a pH less than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the sewage works.

4. Any sewage having a five-day BOD of more than three hundred mg/l. (Does not apply to industrial dischargers who discharge into the industrial collection system and have written agreements that establish loading limits to the treatment plant.)

5. Any sewage having a suspended solids content of more than three hundred mg/l. (Does not apply to industrial dischargers who discharge into the industrial collection system and have written agreements that establish loading limits to the treatment plant.)

6. Any sewage having a chlorine demand of more than twenty mg/l. (Does not apply to industrial dischargers who discharge into the industrial collection system and have written agreements that establish loading limits to the treatment plant.)

7. Any sewage having an animal/vegetable (polar) based floatable oil, fat waste, oil, or grease (whether or not emulsified), hexane or ether-soluble matter content in excess of one hundred mg/l; or a mineral/petroleum (non-polar) based oil or grease (whether or not emulsified), hexane or ether-soluble matter content in excess of one hundred mg/l; or any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; or any substance which may solidify or become discernibly viscous at temperatures above zero degrees centigrade (thirty-two degrees Fahrenheit).

8. Any sewage containing pollutants in sufficient quantity or concentration, either singly or by interaction, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in categorical pretreatment standards, or state or local standards.

9. Any pollutants which result in the presence of toxic, noxious or malodorous liquids, gases, vapors, fumes, or solids within the sewage works in a quantity that which either singly or by interaction are capable of creating a public nuisance or hazard to life or causing acute worker health and safety problems, or are sufficient to prevent entry into the sewage works for their maintenance and repair.

10. Any substance which may cause the sewage work’s effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance be discharged to the sewage works that will cause the sewage works to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act (33 U.S.C. 1345 et seq.), or with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.), or similar state statutes or regulations applicable to the sludge management method being used.

11. Any substance which will cause the sewage works to violate the city of Prosser sewage treatment plant’s NPDES and/or other disposal system permits.

12. Any sewage which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the sewage work’s effluent thereby violating the city of Prosser sewage treatment plant’s NPDES permit. Color, alone or in combination with turbidity, shall not cause the sewage work’s effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life.

13. Any sewage with a temperature which will inhibit biological activity in the sewage works resulting in interference, but in no case sewage with a temperature at the introduction into the sewage works which exceeds forty degrees centigrade (one hundred four degrees Fahrenheit).

14. Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (BQD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause a violation of this chapter, including, but not limited to, the following: interference to the sewage works, or flowrate exceeding the permitted peak flow, or ten percent of the capacity of the available sanitary sewer, whichever is greater.

15. Any sludges, screenings, or other residues from the pretreatment of industrial waste discharges.

16. Any sewage containing any radioactive wastes or isotopes of such half-life or concentration as exceed limits established by the public works director in compliance with applicable state or federal regulations.

17. Any sewage which causes a hazard to human life or creates a public nuisance.

18. Any trucked or hauled pollutants, including septage.

19. Any medical wastes.

20. Any sewage causing the city of Prosser sewage treatment plant’s effluent to fail a toxicity test.

21. Any sewage containing detergents, surface active agents, or other substances in such concentrations that they may cause excessive foaming in the sewage works.

22. Any dangerous wastes as defined in Chapter 173-303 WAC, as now or as it may be amended.

23. Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA) (7 U.S.C. 136 et seq.), including, but not limited to:


Material
Aldrin	Heptachlor
Dieldrin	Heptachlor epoxide
Chlordane	a-BHC-alpha
2,4-D	b-BHC-beta
4,4'-DDT	c-BHC-(lindane)-gamma
4,4'-DDX (p,p'-DDX)	g-BHC-delta
4,4'-DDD (p,p'-TDE)	Lindane
a-endosulfan-alpha	Methoxychlor
b-endosulfan-beta	Pyridine
Endosulfan sulfate	Silvex
Endrin	Toxaphene
Endrin aldehyde

Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the sewage works. All floor drains located in process or materials storage areas shall discharge to the industrial discharger’s pretreatment facility prior to discharging to the sewage works. (Ord. 2310 § 3, 2001).

13.34.040 Limitations on sewage strength.

A. National categorical pretreatment standards as adopted and hereafter amended or modified by the EPA pursuant to the Act shall be met by all dischargers of the regulated industrial categories. The national categorical standards found in 40 CFR Chapter I, Subchapter N, parts 405 through 471, are hereby incorporated.

B. State requirements and limitations on discharges to the sewage works shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or any other applicable ordinance.

C. The city may from time to time amend this chapter to provide for more stringent limitations or requirements on discharges to the sewage works if such amendments are deemed necessary to comply with the objectives set forth herein, or are otherwise in the public interest.

D. No discharger shall dilute its wastestream with potable or process water in any way, nor mix separate wastestreams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth herein.

E. No discharger shall discharge industrial waste containing concentrations (and/or mass limitations) that exceed any of the following local discharge limits unless prior written approval has been obtained from the public works director:


Chemical Name	Discharge Limit (mg/l)
Antimony	0.04
Arsenic	0.005
Cadmium	0.01
Chromium (trivalent or total)	0.03
Copper	0.5
Lead	0.10
Mercury	0.002
Nickel	0.03
Selenium	0.002
Silver	0.004
Thallium	0.005
Zinc	1.00
Cyanide	0.03
Phenol	13
Quaternary ammonium compounds	0.5
Ethoxy nonyl phenols	0.5
Fats, oils and grease	50.0

In the event any of these values are exceeded by one or more dischargers, the city will require the individual discharger(s) exceeding the local discharge limits to pretreat their sewage to an extent necessary to prevent interference with the operation of the sewage works, pass through any adverse effects on the quality of the receiving waters, contamination of municipal sludge, health and safety hazards to workers in the sewage works, or violations of applicable federal or state regulations.

The city may impose mass limitations on discharges in cases where necessary to be consistent with federal categorical pretreatment standards, or other circumstances where concentration limits are impractical to apply.

F. All known, available, and reasonable methods of pretreatment, in accordance with the RCW 90.48.010 and WAC 173-216-010, shall be used by a discharger to bring into compliance a sewage discharge that does not comply with standards set forth in this chapter.

G. The public works director reserves the right to enter into special agreements with industrial dischargers setting out special terms under which they may discharge industrial waste to the sewage works. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the discharger may request a net gross adjustment to a categorical standard in accordance with the G.P.R. (40 CFR part 403.15). The discharger may also request a variance from a categorical standard in accordance with the G.P.R. (40 CFR part 403.13). Such a request will be approved only if the discharger can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. A discharger requesting a fundamentally different factor variance shall comply with the procedural and substantive provision in the G.P.R. (40 CFR part 403.13). Any and all costs associated with obtaining a waiver or variance shall be borne by the discharger. (Ord. 2310 § 4, 2001).

13.34.050 Pretreatment facilities.

A. Dischargers shall provide all known, available, and reasonable methods of prevention, control, and pretreatment as required to comply with this section and state and federal regulations, and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations, chapters, and ordinances. Where the city deems it necessary, a discharger shall provide, properly operate and maintain, at the discharger’s own cost and expense, facilities required to pretreat sewage to a level acceptable to the city. When requested to do so, the discharger shall submit detailed plans showing the pretreatment facilities to the public works director for review and acceptance before construction of the facility. The review of such plans by the public works director shall in no way relieve the discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the public works director under the provisions of this section. The discharger shall obtain all necessary construction/operating permits from the city. Prior to completion of the pretreatment facility, the discharger shall furnish its plan of operations and maintenance procedures for the public works director to review. Such pretreatment facilities shall be under the control and direction of a qualified sewage treatment operator.

B. Any subsequent proposal for significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the public works director prior to the discharger’s initiation of the changes.

C. Pretreatment facilities shall comply with the applicable requirements of Chapter 173-240 WAC, WAC 173-216-110 and RCW 90.48.010, and with the accepted plan of operations and maintenance procedures. The city will have the opportunity to audit periodically the compliance of the discharger with all applicable requirements, and to require changes in the discharger’s plan of operations and maintenance procedures in order to ensure the discharger’s continued compliance with these requirements. The discharger shall then comply with the modified plan of operations and maintenance procedures, together with all applicable requirements as may be specified by the chapter and federal and state regulations.

D. All industrial wastes discharged to the domestic sewer shall be adequately screened by a twenty mesh or finer screen before discharge. An additional screen, with openings not to exceed one-quarter-inch square, shall be installed in a fixed position so that all material shall pass through said screen immediately before entrance into the sewage works.

E. Grease, oil and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of liquid wastes containing floatable or emulsified grease, fats, or oil in amounts exceeding those specified herein, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. Such interceptors shall be provided within six months of receipt of a written request from the public works director to do so. Dischargers who operate restaurants, cafes, lunch counters, cafeterias, bars, or clubs, or hotel, hospital, sanitarium, factory or school kitchens, or other establishments that serve or prepare food where grease may be introduced to the sewer system shall have grease interceptors (grease traps) to prevent the discharge of fat waste, oil, or grease. Take-out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers may be exempted from this requirement, provided their discharges do not violate the general discharge prohibitions of this chapter. The grease interceptors shall be installed in the waste line leading from sinks, drains, or other fixtures where grease may be discharged. All new interceptors requested by the public works director shall be of a type and capacity, conforming to and described in the edition of the Uniform Building Code most recently adopted by the city, and approved by the public works director, and shall be located as to be readily accessible for cleaning and inspection. Dischargers shall maintain these interceptors in a manner that will always prevent fat waste, oil, grease, flammable wastes, sand, or other harmful ingredients from being carried into the sewage works. The discharger shall be responsible for the proper removal and disposal by appropriate means of the captured material, and shall maintain records of the dates and means of disposal which are subject to review by the public works director. Any removal and hauling of the collected materials not performed by discharger’s personnel shall be performed by waste disposal firms currently licensed by all applicable regulatory agencies. The collected materials removed from such interceptors shall not be disposed of in sanitary, industrial or storm sewers. (Ord. 2310 § 5, 2001).

13.34.060 Industrial dischargers.

A. It shall be unlawful for any industrial discharger to discharge sewage, industrial waste or any other wastes into the city’s sewage works except as authorized by the city through written agreements with the industry and by Chapter 173-216 WAC.

It shall also be unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or insert any substance described in this chapter into any structure, appurtenance or equipment which is a part of the sewage works.

B. The city shall have the right to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the sewage works by industrial dischargers where such contributions do not meet applicable pretreatment standards and requirements. New sources and new dischargers shall not be allowed to discharge without first complying with the applicable pretreatment standards and requirements.

C. Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the categorical pretreatment standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter 1, Subchapter N. Other existing industrial dischargers shall meet all applicable pretreatment standards within one year after enactment of this chapter. Direct dischargers with NPDES permits modified or reissued to provide a variance pursuant to Section 301(i)(2) of the Act (33 U.S.C. 1317) shall be required to meet compliance dates set in any applicable categorical pretreatment standard. Existing sources which become industrial dischargers subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial dischargers except where such sources meet the definition of a “new source.” New sources and new significant industrial dischargers shall install and have in operating condition, and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge.

D. When requested by the city to do so, industrial dischargers shall complete and file with the city an industrial waste survey (IWS) signed by an authorized representative of the industrial discharger and in the form prescribed by the city. This industrial waste survey shall be filed within thirty consecutive calendar days of being received by the industrial discharger, unless the industrial discharger requests in writing a thirty-consecutive-calendar-day extension from the city and the city approves the request in writing. Failure to complete this survey shall be reasonable grounds for terminating services to the industrial discharger and shall be considered a violation of this chapter.

E. Within either one hundred eighty consecutive calendar days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under the G.P.R. (40 CFR part 403.6(a)(4)), whichever is later, existing significant industrial dischargers subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the sewage works, shall be required to submit to the public works director a report which contains the information listed below. At least ninety consecutive calendar days prior to commencement of their discharge, new sources, and sources that become significant industrial dischargers subsequent to the promulgation of an applicable categorical standard, shall also be required to submit to the public works director a report which contains the information listed below. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.

The industrial discharger shall submit the information required by this section including:

1. The name and address of the facility including the name of the operator and owners.

2. A list of any environmental control sewage discharge permits held by or for the facility.

3. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial discharger. This description shall include a schematic process diagram which indicates points of discharge to the sewage works from the regulated processes.

4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the sewage works from regulated process streams and other streams, as necessary, to allow use of the combined waste-stream formula set out in the G.P.R. (40 CFR part 403.6(e)).

5. A measurement of pollutants.

a. Identification of the categorical pretreatment standards applicable to each regulated process.

b. Submission of the results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. The industrial discharger shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out herein.

c. Sampling shall be performed in accordance with procedures set out herein and shall be analyzed by laboratories certified by DOE and acceptable to the city. All costs associated with said sampling and analysis shall be borne by the discharger.

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

6. A statement reviewed by the industrial discharger’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial discharger will provide such additional pretreatment and/or operation and maintenance shall be submitted to the public works director for review and approval. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. Where the industrial discharger’s categorical pretreatment standard has been modified by a removal allowance under the G.P.R. (40 CFR part 403.7), the combined wastestream formula under G.P.R. (40 CFR part 403.6(e)), and/or a fundamentally different factors variance under the G.P.R. (40 CFR part 403.13) at the time the industrial discharger submits the report required herein, the information required by subsections (E)(6) and (7) of this section shall pertain to the modified limits. If the categorical pretreatment standard is modified by a removal allowance, the combined wastestream formula, and/or a fundamentally different factors variance after the industrial discharger submits the report required herein, any necessary amendments to the information requested by subsections (E)(6) and (7) of this section shall be submitted by the industrial discharger to the public works director within sixty consecutive calendar days after the modified limit is approved.

The following conditions shall apply to the schedule required in this part:

a. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the installation and operation of additional pretreatment facilities required for the discharger to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing installation, beginning and conducting routine operation). No progress increment referred to above shall exceed nine months.

b. The industrial discharger shall submit a progress report to the public works director no later than fourteen consecutive calendar days following each date in the schedule and the final date of compliance including, as a minimum, whether or not the discharger complied with the increment of progress, the reason for any delay, and (if appropriate) the steps being taken by the industrial discharger to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the public works director.

8. All baseline monitoring reports shall be signed and certified as required herein.

F. Any significant industrial discharger subject to a pretreatment standard shall, at a frequency determined by the city but in no case less than once per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports shall be signed and certified as required herein.

1. The report shall include a record of the concentrations (and mass if specified by the city) of the limited pollutants that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and shall also include any additional information required by this chapter or regulations promulgated thereunder. Production data shall be reported if required by the city. Both daily maximum and average concentration (or mass, where required) shall be reported. If a discharger sampled more frequently than required by the city, it shall submit all results of sampling and analysis of the discharge during the reporting period.

2. Any industrial discharger subject to equivalent mass or concentration limits established by the city in accordance with procedures provided in the G.P.R. (40 CFR part 403.6(c)) shall submit as part of its report a reasonable measure of the discharger’s long-term production rate.

3. If the city calculated limits to factor out dilution flows or nonregulated flows, the industrial discharger shall be responsible for providing flows from the regulated process flows, dilution flows and nonregulated flows.

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

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

6. Sampling shall be representative of the industrial discharger’s actual discharge and collected as required herein. Sewage monitoring and flow management facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial discharger to keep its monitoring facility in good working order shall not be grounds for the industrial discharger to claim that sample results are unrepresentative of its discharge.

7. Where the industrial discharger conducts self-monitoring, the frequency of monitoring shall be prescribed by the city. At a minimum, such dischargers shall sample their discharge at least twice per year.

G. Any industrial discharger subject to this chapter shall promptly report to the public works director any changes in its operations or processes which significantly affects its industrial waste constituents or characteristics, or storage of chemicals, and which take place after the last permit application or environmental survey. These changes include, but are not limited to, flow increases of twenty percent or greater, the commencement of discharge of any prohibited or limited substance under this chapter, and the addition of any process covered by national categorical pretreatment standards.

H. Any discharger operating under equivalent mass or concentration limits shall notify the city within two consecutive business days after the discharger has a reasonable basis to know that the production level will significantly change within the next calendar month. Any discharger not notifying the city of such an anticipated change shall be required to comply with the existing limits.

I. All significant industrial dischargers not subject to categorical pretreatment standards and, as deemed necessary by the city, any minor industrial dischargers shall provide to the public works director the same reports as set forth in subsection E of this section.

J. If sampling performed by an industrial discharger indicates a violation, the industrial discharger shall notify the city within twenty-four hours of becoming aware of the violation. The industrial discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the public works director within thirty consecutive calendar days after becoming aware of the violation.

K. All pollutant analyses, including sampling techniques, to be submitted as part of a sewage discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed in accordance with procedures approved by EPA.

L. Except as indicated below, the industrial discharger must collect sewage samples using twenty-four-hour flow proportional composite collection techniques. In the event twenty-four-hour flow proportional composite sampling is not feasible, the public works director may authorize the use of time proportional composite sampling or a minimum of four grab samples where the industrial discharger demonstrates that this will provide a representative sample of the actual effluent being discharged to the sewage works. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Samples to be analyzed for fats, oil and grease (FOG), temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.

1. Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated or manufacturing process if no pretreatment exists, or as determined by the city. For dischargers subject to categorical pretreatment standards, if other sewage is mixed with the regulated sewage prior to pretreatment, the discharger shall measure the flows and concentrations necessary to allow use of the combined wastestream formula of the G.P.R. (40 CFR part 403.6(e)) in order to evaluate compliance with the applicable pretreatment standards.

2. All sample results shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the industrial discharger. If a discharger subject to the reporting requirements in and of this section monitors any pollutant more frequently than required by the city, it shall submit the results of this extra sampling and analysis of the discharge as part of its self-monitoring report.

M. The public works director may use a grab sample(s) to determine noncompliance with applicable pretreatment standards.

N. Any reports required by this chapter and submitted by the industrial discharger shall be signed by an authorized representative of the discharger. If applicable pretreatment standards or requirements are not being met, the statement also shall be signed by a professional engineer registered in the state of Washington that is qualified in pretreatment system design. Any person signing the report shall make the following certification:

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

O. Written reports shall be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of the report shall govern. (Ord. 2310 § 6, 2001).

13.34.070 Monitoring equipment.

A. The city may require a discharger to install and operate, at the discharger’s own expense, monitoring equipment to allow inspection, sampling, and flow measurement of all dischargers into the sewage works, to assure compliance with this chapter. The monitoring equipment shall be situated on the discharger’s premises, except that if such a location would be impractical or cause undue hardship on the discharger, the city may allow such equipment to be installed within the public right-of-way, as approved by the public works director. The monitoring equipment shall include an inspection/sampling manhole with an internal diameter of no less than forty-eight inches and as surface opening of now less than twenty-four inches. The manhole shall be as approved by the public works director and as installed per city standards.

B. There shall be ample room in or near such monitoring equipment to allow accurate sewage sampling and preparation of samples for analysis by the discharger and the city. The monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.

C. All monitoring equipment shall be installed and maintained in accordance with all applicable standards and specifications. All devices used to measure sewage flow and quality shall be calibrated to ensure their accuracy. (Ord. 2310 § 7, 2001).

13.34.080 Inspection and sampling.

A. The city shall have the right to inspect and collect sewage samples from all monitoring equipment, sewer lines, and plant facilities, and to examine and copy any discharge related records, during all hours that a discharger is operating or whenever employees are on the premises. The city will normally schedule such inspections in advance, but if deemed appropriate or necessary, shall have the right to make unscheduled inspections without prior notice. The city shall have the right to erect or install on the discharger’s property such devices as are reasonably necessary to conduct sampling, inspection, compliance monitoring or metering operations.

B. If a discharger disagrees with the national average values of pollutant concentrations listed in the Standard Industrial Code, the discharger may request the city to perform sampling and testing to determine the values of pollutant concentrations in the discharger’s sewage. The sampling and testing will be performed only by the city and sampling will be a composite sample taken during the time the discharger is discharging sewage. The samples shall be taken over a seven-day continuous period.

The discharger may specify which laboratory will provide the testing services for strength. Any laboratory selected must be certified by the Department of Ecology. The city will make all arrangements with the laboratory and the laboratory will sent the test reports and their billing to the city; provided, that the discharger shall pay all costs in connection with the sampling and testing. The city will furnish copies to the discharger.

The strong waste surcharge billed to the discharger will be based on the sampling and testing results, will be effective at the next billing period, and will continue until a new sampling and testing is requested by the discharger or initiated by the city. The surcharge will not be retroactive.

C. Where an industrial discharger has security measures in force which require proper identification and clearance before entry into its premises, the industrial discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

D. Failure to allow inspection, sampling, monitoring, metering, or copying as authorized by this section shall be grounds for termination of sewage treatment services as well as any other enforcement action authorized under this chapter and deemed appropriate by the city.

E. If the public works director has been refused access to a building, structure or property or any part thereof, and if the public works director has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routing inspection program of the city designated to verify compliance with this chapter or any permit or order issued hereunder, then upon application by the city attorney, the district court judge will issue a search and/or seizure warrant describing herein the specific location subject to the warrant. The warrant will specify what, if anything, may be searched and/or seized on the property described. Such warrant will be served at reasonable hours by the public works director in the company of a uniformed police officer of the city. In the event of an emergency affecting public health and safety, inspections may be made without the issuance of a warrant. (Ord. 2310 § 8, 2001).

13.34.090 Confidential information.

A. Information and data furnished to the city with respect to the nature and frequency of discharge will be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger under the laws or regulations of the state or federal government. If a discharger furnishing a report requests that information provided as part of a report be kept confidential, and the discharger marks said pages as “confidential,” then the portions so marked of a report or other information which may disclose trade secrets or secret processes protected by state or federal law will not be made available for inspection by the public, subject to the provisions of Chapter 42.17 RCW, as now or as it may be amended, but will be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state waste discharge permit and/or the pretreatment programs; provided, however, that such portions of a report or other information will be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Sewage constituents and characteristics and other “effluent data” as defined by 40 CFR part 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

B. Information accepted by the city as confidential will not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the discharger. Once notice of intent to release information has been given to the discharger, if the discharger fails to contest the release, then any rights created by this section shall be deemed to have been waived. (Ord. 2310 § 9, 2001).

13.34.100 Records retention.

All dischargers subject to this chapter shall retain and preserve for no less than five years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of an enforcement action or litigation shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired, but in no case less than five years. (Ord. 2310 § 10, 2001).

13.34.110 Regulations.

The public works director shall have the authority to promulgate written regulations consistent with this chapter. (Ord. 2310 § 11, 2001).

13.34.120 Slugload or accidental discharges.

A. Each discharger shall provide protection from a slugload or accidental discharge of prohibited or regulated materials or substances established by this chapter. Where the public works director deems it necessary, a discharger shall provide and maintain, at the discharger’s own cost and expense, facilities and operating procedures to prevent a slugload or accidental discharge of prohibited materials. When requested to do so, the discharger shall submit to the city for review an accidental spill prevention plan (plan) showing facilities and operating procedures to provide this protection. No plan shall be effective to satisfy the requirements of this chapter and section unless it has been reviewed and certified by a professional engineer registered in the state of Washington. The plan shall contain at a minimum the following elements:

1. Description of discharge practices, including non-routine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the city of any accidental or slugload discharges, with procedures for follow-up written notification within five consecutive calendar days; and

4. Procedures to prevent adverse impact from any accidental or slug discharge, including, but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

Each discharger shall complete its plan and submit same to the city within one hundred twenty consecutive calendar days of being notified by the public works director to do so. Construction of any prevention facility shall not commence until the city has approved the plan. No discharger who discharges to the sewage works after the aforesaid date shall be permitted to introduce pollutants into the sewage works until such plan has been approved by the city. Review and approve of such plan by the city shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.

B. A discharger who has prepared a plan shall review and evaluate such plan at least every three years from the date of approval. As a result of this review and evaluation, the discharger shall amend the plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a spill event from the facility, and (2) such technology has been field-proven at the time of the review. No amendment shall be effective to satisfy the requirements of this chapter and section unless it has been reviewed and certified by a professional engineer registered in the state of Washington.

C. Dischargers shall verbally notify the city immediately upon the occurrence of a slugload or accidental discharge of substances prohibited by this chapter and take immediate action to correct the situation. Within five consecutive calendar days after the occurrence of the slugload or accidental discharge, the discharger shall follow-up with a written notification to the public works director. The notifications shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken or to be taken. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss, or damage to the sewage works, in addition to any other liabilities established by this chapter or other city ordinance and the amount of any fines, penalties, damages or costs assessed against the city by any state or federal agency, court of law or private individual, as a result of the slugload or accidental discharge.

D. Signs shall be permanently posted in conspicuous places on discharger’s premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. (Ord. 2310 § 12, 2001).

13.34.130 Emergency suspension of treatment services.

A. The city may order the suspension of sewage treatment service after informal notice to the discharger if it appears to the city than an actual or potential discharge: (1) presents or threatens a substantial danger to the health or welfare of persons or to the environment; or (2) threatens to interfere with the operation of the sewage works or to violate any pretreatment limits imposed by this chapter.

B. Any discharger notified of a suspension of the sewage treatment service shall cease immediately all sewage discharges. In the event of a discharger’s failure to comply immediately and voluntarily with the suspension order, the public works director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage, including but no limited to the sewage works or receiving waters, or endangerment to the health and welfare of any individuals. The city shall have the right of access onto the discharger’s private property to accomplish such severance of the sewer line. The public works director will allow the discharger to recommence its sewage discharge when the endangerment has passed, unless the termination proceedings set forth therein are initiated against the discharger.

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

D. Any discharger whose sewage treatment service has been suspended pursuant to this section shall have the right to a post-suspension hearing to be conducted in accordance with the administrative hearing procedures set forth herein. A discharger which is responsible, in whole or in part, for 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 public works director prior to the date of the hearing. (Ord. 2310 § 13, 2001).

13.34.140 Termination of treatment services.

A. The public works director shall have authority to terminate sewage treatment services for any discharger if it is determined that the discharger has:

1. Failed to accurately report sewage constituents and characteristics;

2. Failed to report significant changes in operations or sewage constituents or characteristics;

3. Refused reasonable access to the discharger’s premises for purposes of inspection, monitoring, or sampling;

4. Violated any condition of the discharger’s waste discharge permit;

5. Violated any of the provisions of this chapter; or

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

B. The discharger shall be given written notice of the city’s decision (and basis or bases therefor) to terminate sewage services and shall have the right to a pretermination hearing in accordance with the administrative hearing procedures set forth herein. (Ord. 2310 § 14, 2001).

13.34.150 Operating upsets.

A. Any discharger that experiences an upset in operations that places the discharger in a temporary state of noncompliance with this chapter, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation, shall inform the public works director of the upset immediately upon discovering the upset. Where such information is given verbally, a written report describing the upset shall be filed with the public works director by the discharger within five consecutive calendar days after the discovery. This report shall be based on properly signed, contemporaneous operating logs or other relevant evidence and shall include:

1. A description of the upset, the cause of the upset and the impact of the upset on the discharger’s compliance with this chapter.

2. The duration of noncompliance (including exact dates and times) and, if noncompliance is continuing, the time by which the discharger expects to be in compliance.

3. All steps which have been taken or will be taken to prevent the recurrence of the upset.

4. Evidence that the facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.

B. A timely documented and properly verified operating upset shall be an affirmative defense to any enforcement action brought by the city against the discharger for failure to comply with this chapter to the extent that the enforcement action arises out of violations which occurred during the period of upset; provided, however, that such an upset shall not relieve the discharger of any other liability for the upset including, but not limited to, liability for damages sustained to the sewage works, the city, or third persons. In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset shall have the burden of proof. (Ord. 2310 § 15, 2001).

13.34.160 Bypass.

A. A discharger may allow any bypass to occur which does not cause the pretreatment standards or requirements of this chapter to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections B and C of this section.

B. If a discharger knows in advance of the need for a bypass, it shall submit prior notice to the public works director, at least ten consecutive calendar days before the date of the bypass if possible. A discharger shall submit verbal notice of an unanticipated bypass that exceeds applicable pretreatment standards to the public works director within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five consecutive calendar days of the time the industrial discharger becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce eliminate, and prevent reoccurrence of the bypass. The public works director may waive the written report on a case-by-case basis if the verbal report has been received within twenty-four hours.

C. Bypass is prohibited, and the city may take enforcement action against a discharger for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

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

3. The discharger submitted notices as required under subsection B of this section.

4. The public works director may approve an anticipated bypass after considering its adverse effects if it is determined that the bypass will meet the three conditions listed in this subsection. (Ord. 2310 § 16, 2001).

13.34.170 Fees and charges.

A. It is the purpose of this section to provide for the payment of fees and charges from dischargers to the city’s sewage works and to compensate the city for the cost of administration of the pretreatment program established herein.

B. Charges to recover industrial pretreatment program and monitoring costs shall be recommended by the public works director and established by the city council by passage of a specific rate ordinance. Such fees and charges may include the following:

1. Fees for monitoring, sampling, inspections and surveillance;

2. Fees for reviewing accidental discharge procedures and pretreatment facilities construction and modifications;

3. Fees for permit applications (if permits are required);

4. Fees for filing appeals.

C. In addition to those fees and charges listed above, should the concentration of any pollutant exceed the limits established herein, including, but not limited to, biochemical oxygen demand (BOD) and suspended solids (SS), the city may levy a strong waste surcharge which shall be calculated as follows:


Cs = P x PC x V x 8.34 lb/gal (for discharges to domestic sewer)
C = L x PC (for discharges to industrial sewer by industries having written agreements with the city)
where:
Cs =	Surcharge for pollutants of excessive concentration (in dollars)
P =	Discharger’s concentration of a pollutant, greater than the established limit (in mg/l)
PC =	Unit cost to collect, treat and dispose of any pollutant (in dollars/pound)
V =	Discharger’s quantity of sewage flow (in million gallons/billing period)
L =	Amount of industrial discharge greater than the loading limit established by written agreement with the city (lb/day or gal/day)
and
8.34 lb/gal = Density of water

D. The discharger shall pay all costs in connection with the sampling and testing when the work is requested of him. The charges for discharger requested sampling and testing shall be composed of two parts: city sampling costs and laboratory testing charges. (Ord. 2310 § 17, 2001).

13.34.180 Notification of violation.

Whenever the city finds that any discharger has violated or is violating this chapter, or an order issued hereunder, the public works director may serve upon said discharger written notice of the violation. Within ten consecutive calendar days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the public works director. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2310 § 18, 2001).

13.34.190 Consent orders.

A. The city is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the discharger responsible for the noncompliance. Such order will include specific action to be taken by the discharger to correct the noncompliance date beyond applicable federal deadlines.

B. Failure to comply with any terms or requirements of a consent order by the discharger shall be an additional and independent basis for termination of sewage treatment services or for any other enforcement action authorized under this chapter and deemed appropriate by the public works director. (Ord. 2310 § 19, 2001).

13.34.200 Compliance orders.

A. When the city finds that a discharger has violated or continues to violate this chapter or any order issued hereunder, the public works director may issue a compliance order to the discharger responsible for the violation directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are property operated and maintained. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the discharger of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the discharger.

B. Failure to comply with any terms or requirements of a compliance order by the discharger shall be an additional and independent basis for termination of sewage treatment services of for any other enforcement action authorized under this chapter and deemed appropriate by the city. (Ord. 2310 § 20, 2001).

13.34.210 Cease and desist orders.

When the city finds that a discharger has violated or continues to violate this chapter or any order issued hereunder, the public works director may issue an order to cease and desist all such violations and direct those persons in noncompliance to: (1) comply forthwith; and (2) take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the sewage discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the discharger. (Ord. 2310 § 21, 2001).

13.34.220 Administrative fines.

Notwithstanding any other section of this chapter, any discharger who is found by the city to have violated any provision of this chapter, or orders issued hereunder, shall be fined a civil penalty in the amount not to exceed one thousand dollars per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the discharger’s next scheduled sewer service charge and the city shall have such other collection remedies as the city has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual discharger’s property. Issuance of an administrative fine shall not be prerequisite for taking any other action against the discharger. (Ord. 2310 § 22, 2001).

13.34.230 Recovery of costs incurred by the city.

Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the city’s sewage works shall be liable to the city for any reasonable expense, loss, fines, or damage caused by such violation or discharge. The city will bill the discharger for the cost incurred by the city for any cleaning, repair, replacement work, or other damages caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter. (Ord. 2310 § 23, 2001).

13.34.240 Administrative hearing.

A. A discharger shall have the right to an administrative hearing to contest the city’s determination: (1) to suspend the discharger’s sewage services; (2) to terminate the discharger’s sewage services; (3) to impose administrative fines against the discharger; (4) to bill the discharger for costs incurred by the city as a result of the discharger’s violation or discharge; or (5) that the discharger has violated a consent, compliance, or cease and desist order.

B. Any hearing pursuant to this section shall be requested by the discharger in writing within fifteen consecutive calendar days after the discharger receives notice of the city’s determination. The discharger’s written request for hearing shall be filed with the city clerk during regular business hours. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The city will conduct the hearing within twenty consecutive calendar days of the receipt of the request (or within five consecutive calendar days if the discharger is contesting suspension or termination of sewage services.

C. The administrative hearing authorized by this section will be held before the city administrator or the city administrator’s designee. Formal rules of evidence will not apply by the discharger and the city shall have the right to present witnesses and documentary evidence. The city administrator or the city administrator’s designee will issue a written decision within ten consecutive calendar days of the conclusion of the hearing.

D. Any discharger requesting a hearing shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the discharger’s expense.

E. Except as otherwise provided, all decisions by the city administrator or city administrator’s designee shall be final and conclusive on all parties unless appealed to the city council as noted herein.

F. The city council may by resolution adopt additional rules for the conduct of hearing pursuant to this section. (Ord. 2310 § 24, 2001).

13.34.250 Appeal to the city council.

A. Any decision of the city administrator or the city administrator’s designee rendered pursuant to an administrative hearing, as noted herein, may be reviewed by appeal to the city council. The discharger must file written notice of appeal with the city clerk within fifteen consecutive calendar days following notification of such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed and the discharger’s grounds for reversal or modification thereof. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review.

B. Following receipt of such notice and payment of the applicable fee, the city clerk will schedule a date for a public meeting by the city council, at which time the city council shall consider the appeal. The date of the public meeting shall not be later than twenty consecutive calendar days following the date the city clerk receives notice of the appeal. The city clerk will mail written notice to all parties of record to apprise them of the meeting date before the city council.

C. City council review of the facts shall be limited to evidence presented to the city administrator or the city administrator’s designee. The city council may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to the material provided.

D. At the public meeting the city council may adopt, amend and adopt, reverse, amend and reverse the findings, conclusions, and decision of the city administrator or the city administrator’s designee. If the city council reverses the decision of the city administrator or the city administrator’s designee, the discharger may request a refund of the filing fee.

E. The city council may by resolution adopt additional rules for the conduct of public meeting pursuant to this section. (Ord. 2310 § 25, 2001).

13.34.260 Judicial review.

The decision of the city council on an appeal for the decision of the city administrator or the city administrator’s designed shall be final and conclusive unless within twenty consecutive calendar days from the date of final action, the discharger files a petition for review with the Benton County superior court in the manner prescribed by law. (Ord. 2310 § 26, 2001).

13.34.270 Publication of enforcement actions.

A list of all dischargers that experience a significant violation of applicable pretreatment standards or other pretreatment requirements during the previous twelve months shall be published, at least annually, by the city in the largest local daily newspaper of general circulation. For the purposes of this provision, a significant violation meets one or more of the following criteria:

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

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

3. Any other discharge violation that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of sewage works personnel or the general public);

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

5. Failure to meet, within ninety consecutive calendar days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

6. Failure to provide, within thirty consecutive calendar days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

7. Failure to accurately report noncompliance;

8. Failure to maintain records of pretreatment facility maintenance, including, but not limited to, cleaning and waste removal dates, and means of disposal of accumulated wastes; or

9. Any other violation or group of violations which causes the city to expend considerable time or expense in tracking down the source of pollutants detected in the sewage works, or which the city determines will adversely affect the operation or implementation of its pretreatment program. (Ord. 2310 § 27, 2001).

13.34.280 Judicial remedies.

If any person discharges sewage, industrial wastes, or other wastes into the city’s sewage works contrary to the provisions of this chapter or any order issued hereunder, the city may commence an action for appropriate legal and/or equitable relief in the superior court for Benton County or other court of competent jurisdiction. Such judicial action may be in lieu of, or in addition to, any other administrative enforcement action authorized herein. (Ord. 2310 § 28, 2001).

13.34.290 Injunctive relief.

Whenever a discharger has violated or continues to violate the provisions of this chapter or order issued hereunder, the city may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the discharger. The public works director shall have such remedies to collect these fees as it has to collect other sewer service charges. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a discharger. (Ord. 2310 § 29, 2001).

13.34.300 Civil penalties.

A. Any discharger who has violated or continues to violate an order of the city, or who fails to comply with (1) any provision of this chapter, or (2) any rule or order of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty. The amount of such civil penalty shall be at least one thousand dollars per violation but not more than ten thousand dollars per violation, plus actual damages incurred by the city. Each day upon which a violation occurs or continues shall constitute a separate violation. Unpaid civil penalties shall constitute a lien against the individual discharger’s property. In addition to the above described penalty and damages, the city may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses. A discharger’s failure to pay such civil penalties shall be grounds for termination of sewage services.

B. The city will petition the court to impose, assess, and recover such civil penalties. In determining the amount of liability, the court will take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger’s violation, corrective actions by the discharger, the compliance history of the discharger, and any other factor as justice requires.

C. Filing a suit for civil liabilities shall not be a prerequisite for taking any other action against a discharger. (Ord. 2310 § 30, 2001).

13.34.310 Falsifying information.

Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter (in addition to civil and/or criminal penalties otherwise provided by law) shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or by imprisonment in jail not to exceed ninety days or both such fine and imprisonment. Each day of any violation of this chapter shall constitute a separate offense and shall be punishable as a separate offense under this chapter. (Ord. 2310 § 31, 2001).

13.34.320 Criminal penalties.

Any person who willfully, knowingly, recklessly, or negligently violates any provision of this chapter through any act or omission shall, upon conviction, be guilty of a gross misdemeanor punishable by a fine of not more than five thousand dollars or by imprisonment in jail for not more than one year, or by both such fine and imprisonment. Each day of any violation of this chapter shall constitute a separate offense and shall be punishable as a separate offense under this chapter. (Ord. 2310 § 32, 2001).

13.34.330 Remedies nonexclusive.

The administrative and judicial enforcement provisions of this chapter are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant discharger. (Ord. 2310 § 33, 2001).

13.34.340 Severability.

If any provision, paragraph, word or section of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words and sections shall not be affected and shall continue in full force and effect. (Ord. 2310 § 34, 2001).