Chapter 14.06 SEWER USE ORDINANCE

This chapter sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city of Puyallup (city), and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 USC 1251 et seq.) and the general pretreatment regulations (40 CFR Part 403). The objectives of this chapter are:

(1) To prevent the introduction of pollutants into the city’s wastewater treatment system (POTW) that will interfere with the operations of the POTW.

(2) To prevent the introduction of pollutants into the city’s wastewater treatment system (POTW) that will pass through the POTW, inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the POTW.

(3) To enable the city to comply with its National Pollutant Discharge Elimination System permit conditions, biosolids use and disposal requirements, and any other applicable federal, state, or tribal regulations.

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

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

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

This chapter shall apply to all users of the POTW. This chapter authorizes the issuance of wastewater discharge permits and discharge approvals; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

The development services director or their designee shall develop and maintain a public works policy, outlining written regulations, guidelines, policies and the like, for the purpose of interpreting, implementing or enforcing provisions of this title. This public works policy shall have the full force and effect of law. A copy shall be maintained for public inspection and copying during regular business hours at the offices of the city’s development services department. (Ord. 2881 § 1, 2007).

14.06.012 Administration.

Except as otherwise provided herein, the administrator shall administer, implement, and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the administrator may be delegated by the administrator to other city of Puyallup personnel. (Ord. 2881 § 1, 2007).

14.06.013 Definitions.

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

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

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

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

(4) “Administrator” means the developmental services administrator of the city of Puyallup, or his duly authorized representative. In the case that the city of Puyallup pretreatment program has not yet been approved, the EPA will act as the administrator.

(5) “AKART” means all known, available, and reasonable methods of prevention, control, and treatment. AKART shall represent the most current methodology that may reasonably be required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. The term “best management practices” is considered a subset of the AKART requirement.

(6) “Applicable pretreatment standards” means, for any specified pollutant, Puyallup prohibited discharge standards, Puyallup local limits, Washington State pretreatment standards, or EPA categorical pretreatment standards, whichever standard is appropriate and most stringent.

(7) “Approval authority” means the United States Environmental Protection Agency.

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

(a) If the user is a corporation:

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

(ii) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

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

(i) An administrator or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her authorized designee.

(d) The individuals described in subsections (8)(a) through (c) of this section may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the administrator.

(9) “Average daily flow” means the arithmetical mean of the total daily (24-hour) process wastewater flow over a one-year period. This mean shall be calculated based on days when a discharge occurs.

(10) “Batch discharge” means an extraordinary release or discharge, either accidental or intentional, occurring in one or more discrete discharge episodes where a tank, vessel, reservoir, or other similar container is drained or partially drained at a rapid rate over a short time period. A batch discharge may, or may not, result in a slug load.

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

(12) “Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, current edition; under standard laboratory procedures for five days at 20 degrees Celsius, usually expressed as a concentration (milligrams per liter (mg/L)).

(13) “Boiler blowdown water” means a periodic or continuous discharge of small volume used for the purpose of scale and/or biological growth control used in some heating boiler units.

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

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

(16) “Chemical oxygen demand (COD)” means a measure of the oxygen-consuming capacity of inorganic and organic matter present in wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, current edition. COD is expressed as the amount of oxygen consumed from a chemical oxidant in mg/L during a specific test.

(17) “City” means the city of Puyallup, Washington, a municipal corporation.

(18) “Cooling blowdown water” means a periodic or continuous discharge of small volume used for the purpose of scale and/or biological growth control used in some cooling units.

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

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

(21) “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.

(22) “Day” means a calendar day.

(23) Discharge Approval. Refer to “Wastewater discharge approval” for a detailed breakdown of the types of discharge approvals.

(24) “Domestic wastewater” means the liquid and waterborne wastes derived from ordinary living processes, free from industrial wastes, and of such character to permit satisfactory disposal, without special treatment, into the POTW.

(25) “Domestic user (residential user)” means any person who contributes, causes, or allows the contribution of wastewater into the city POTW that is of a similar volume and/or chemical makeup as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 100 gallons per capita per day at 250 mg/L of BOD and TSS.

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

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

(28) “Existing user” means any user that is discharging wastewater prior to the effective date of the ordinance codified in this chapter, for noncategorical users.

(29) “Fats, oils and grease (FOG)” means those components of wastewater amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, current edition. The term “fats, oils and grease” shall include polar and nonpolar fats, oils, and grease and other components extracted from wastewater by these methods.

(30) “Grab sample” means a sample that is taken from a wastewater stream on a one-time basis without regard to the flow volume in the wastewater stream and without consideration of time.

(31) “Grease interceptor” means any relatively large in-ground or above-ground tank, generally of precast concrete, with internal plumbing and baffling intended to retain grease from one or more fixtures and which shall be remotely located outside.

(32) “Grease trap” means any relatively small device, generally of cast iron, fabricated steel, or PVC, designed to retain grease from one fixture, generally located inside near the fixture.

(33) “High-strength waste” means any waters or wastewater having a concentration of BOD or total suspended solids in excess of 300 mg/L, or having a concentration of fats, oils and grease in excess of 100 mg/L.

(34) “Indirect discharge or discharge” means the introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, and appliances appurtenant thereto.

(35) “Industrial waste” means any and all liquid or waterborne waste from industrial or commercial processes, except domestic sewage.

(36) “Interceptor” means a device designed and installed so as to separate and retain deleterious or undesirable matter from normal wastes and permit normal liquid wastes to discharge by gravity.

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

(38) “Lower explosive limit (LEL)” means the lowest percentage at which a flash will occur or a flame will travel when methane vapor is mixed with air and the source of ignition is present. The LEL of methane in air is 5.3 percent.

(39) “Liquid waste” means the discharge from any fixture, appliance, or appurtenance in connection with a plumbing system that does not receive fecal matter.

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

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

(42) “NAICS Code – North American Industrial Classification System Code” means a classification pursuant to the North American Industrial Classification System Manual issued by the United States Office of Management and Budget, current edition.

(43) “New source” means:

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

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

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

(iii) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source, if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (43)(a)(ii) or (iii) of this section but otherwise alters, replaces, or adds to existing process or production equipment.

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

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

(B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or

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

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

(45) “Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Noncontact cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration, to which the only pollutant added is heat and minor amounts of scale, corrosion, or biological growth inhibitors that do not interfere with POTW operation. Noncontact cooling water is subject to pretreatment standards and requirements.

(46) “Oil/water separator” means a device that separates oil and settleable solids from water.

(47) “Pass through” means a discharge that exits the POTW into waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit (including an increase in the magnitude or duration of a violation).

(48) “Permittee” means a person or user issued a wastewater discharge permit or discharge approval.

(49) “Person” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. This definition includes all federal, state, or local governmental entities.

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

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

(52) “Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means (except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard).

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

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

(55) “Process wastewater” means industrial waste minus cooling water/noncontact cooling water.

(56) “Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in PMC 14.06.021(1) and (2).

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

(58) “Public works policy” means written regulations, guidelines, policies and the like adopted by the development services administrator or their designee for the purpose of interpreting, implementing or enforcing provisions of this title, which shall have the full force and effect of law, a copy of which shall be maintained for public inspection and copying during regular business hours at the offices of the city’s development services department.

(59) “Sanitary flow” means sewage.

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

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

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

(63) “Shall” or “may” means the following:

(a) “Shall” is mandatory.

(b) “May” is permissive.

(64) “Significant industrial user (SIU)” means any user that requires a discharge permit. Refer to “Wastewater discharge approval.”

(65) “Slug load” means any discharge at a flow rate or concentration that could cause a violation of the discharge standards in PMC 14.06.021 through 14.06.024 or any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge, or any discharge greater than or equal to five times the amount or concentration allowed by permit or this chapter.

(66) “State” means Washington State.

(67) “Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage, or interflow.

(68) “Total suspended solids” means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering and is amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, current edition.

(69) “Total toxic organics” means the sum of specific organic compounds found above a specified concentration in the process discharge from selected categorical dischargers.

(70) “Toxic pollutant” means one of the pollutants, or a combination of those pollutants, listed as toxic in regulations promulgated by the EPA under Section 307 (33 USC 1317) of the Act, or other pollutants as may be promulgated. Refer to PMC 14.08.010.

(71) “Toxicity test” means a chronic and/or acute whole effluent testing performed in accordance with and as a requirement of NPDES Permit No. WA-003716-8.

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

(73) “User” or “industrial user” means a source of indirect discharge from any commercial business. The source shall not include “domestic user” as defined herein.

(74) “Wastewater” means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, that are contributed to the POTW.

(75) “Wastewater discharge approval” means an authorization or equivalent control document issued by the administrator to users discharging wastewater to the POTW. The approval may contain appropriate pretreatment standards and requirements as set forth in this chapter. This term will be used throughout the industrial pretreatment section of the code and will include discharge permits, conditional discharge authorizations, discharge authorization, and letters of authorization.

(76) “Wastewater treatment plant,” “treatment plant” or “pollution control facility” means that portion of the POTW that is designed to provide treatment of municipal sewage and industrial waste.

(77) “Zero discharge” means a categorical user that operates its processes so that no industrial waste is discharged to the POTW.

The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2881 § 1, 2007).

14.06.014 Abbreviations.

The following abbreviations shall have the designated meanings:

AKART	all known available and reasonable methods of prevention, control, and treatment
ASPP	accidental spill prevention plan
BMP	best management practices
BOD	biochemical oxygen demand
CFR	Code of Federal Regulations
COD	chemical oxygen demand
EPA	United States Environmental Protection Agency
FOG	fats, oils, and grease
GPD	gallons per day
IU	industrial user
L	liter
LEL	lower explosive limit
mg	milligrams
mg/L	milligrams per liter
NOV	notice of violation
NPDES	National Pollutant Discharge Elimination System
O&M	operation and maintenance
POTW	publicly owned treatment works
RCRA	Resource Conservation and Recovery Act
RCW	Revised Code of Washington
NAICS	North American Industrial Classification System
SIU	significant industrial user
SWDA	Solid Waste Disposal Act (42 USC 6901, et seq.)
TSS	total suspended solids
USC	United States Code
WAC	Washington Administrative Code

(Ord. 2881 § 1, 2007).

Article II. General Requirements

14.06.021 Prohibited discharge standards.

(1) General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater that causes pass through or interference, or that will cause the POTW to violate its NPDES and/or other disposal system permits, or the receiving water quality standards. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state, or local pretreatment standards or requirements.

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

(a) Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromides, carbides, hydrides, sulfides, and any other substances that the city, the state, or the EPA has notified the user is a fire hazard or hazard to the system in quantities that violate the explosivity standards herein at the point of entry to the collection system.

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

(c) Wastewater having a pH less than 5.5 or more than 11.0, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel of the collection system, and/or the POTW unless the approval authority, upon the request of the POTW, approves alternate pH limits.

(d) Solid or viscous substances in amounts that will cause obstruction of the flow in a sewer or interference with the operation of the POTW including, but not limited to: any garbage or putrescible material with particles greater than one-quarter inch in any dimension. Specifically prohibited substances in amounts that produce interference include, but are not limited to, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, fibrous tissues, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel oil, lubricating oil and mud, or glass grinding or polishing wastes.

(e) Any wastewater having a fat, oil, and grease content in excess of 100 mg/L; or any substance that may solidify or become discernibly viscous at temperatures above 32 degrees Fahrenheit (zero degrees Celsius); or any fats, oils, and greases in amounts that may cause obstructions or maintenance problems in the collection system or in the POTW.

(f) Any used oil and grease, including but not limited to petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

(g) Pollutants, including oxygen-demanding pollutants (BOD, COD, etc.), released in a discharge at a flow rate and/or pollutant concentration that, either singly or by interaction with other pollutants, will cause interference with the POTW.

(h) Wastewater having a temperature that will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater exceeding 104 degrees Fahrenheit (40 degrees Celsius) unless the approval authority, upon the request of the POTW, approves alternate temperature limits.

(i) Pollutants that result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or contribute to a violation of air emission standards.

(j) Trucked or hauled pollutants (including domestic sewage or septic tank waste) unless authorized by the administrator, and at discharge points designated by the administrator.

(k) Noxious or malodorous liquids, gases, solids, or other wastewater that, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, prevent entry into the sewers for maintenance or repair, create a toxic effect in the receiving waters of the POTW, or exceed the limitation set forth in a categorical pretreatment standard.

(l) Wastewater with excessive color or turbidity that imparts color, as determined by the administrator, that cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, that consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life.

(m) Wastewater containing any radioactive wastes or isotopes except as specifically approved by the administrator in compliance with applicable state or federal regulations.

(n) Any of the following discharges unless approved by the administrator:

(i) Noncontact cooling water in significant volumes;

(ii) Stormwater and other direct inflow sources;

(iii) Wastewaters significantly affecting system hydraulic loading that do not require treatment or would not be afforded a significant degree of treatment by the system. This includes, but is not limited to, stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage and unpolluted wastewater, unless specifically authorized by the administrator.

(o) Any sludges, screenings, or other residues from the pretreatment of industrial or commercial wastes or from industrial or commercial processes, except as authorized by the administrator.

(p) Medical wastes, except as specifically authorized by the administrator.

(q) Any wastewater containing pathogenic or genetically modified wastes which, in sufficient quantity, either singly or by interaction with other substances after discharge and upon exposure, either directly from the environment or indirectly by ingestion or other exposure pathways, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutation, biological disruption, or physiological malfunctions in humans or animals.

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

(s) Detergents, surface-active agents, or other substances in amounts that may cause excessive foaming in the POTW.

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

(u) Persistent pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA) as amended.

(v) Any slug load as defined in this chapter, or any pollutant, including oxygen-demanding pollutants, released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW.

(w) Any substance that may cause the effluent or treatment residues, sludges, or scums of the POTW to be unsuitable for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance be discharged to the POTW, cause the POTW to be in noncompliance with the sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.

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

(y) Antifreeze or a coolant solution used in a vehicle or motorized equipment.

(z) An enzyme, chemical, or other agent that allows fat, oil, grease, or a solid to pass through a pretreatment facility.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they are likely to be discharged to the POTW unless the user has in place an accidental spill prevention plan (ASPP)/slug control plan.

(3) Cost Reimbursement.

(a) The party responsible for the prohibited discharge of wastewater or pollutants to the POTW or the environment shall be responsible for all cleanup, response or repair costs related to the discharge including, but not limited to, costs incurred by the city for identification, hazard assessment, and containment.

(b) A party may be required to perform cleanup as a result of:

(i) Illegal disposal of hazardous materials or pollutants.

(ii) Improper handling of hazardous materials or pollutants at any site.

(iii) Spills of hazardous materials or pollutants into the municipal wastewater system or the environment.

(iv) Discharge of hazardous materials or pollutants during a fire or other accident.

(c) For the purposes of this section, reimbursement costs include those costs that are eligible, reasonable, necessary, and allocable to the incident, including, but not limited to, the following:

(i) Disposable materials and supplies provided, consumed, or expended specifically for the purpose of the response.

(ii) Compensation for employee time and effort devoted specifically to the response.

(iii) Rental or leasing costs of equipment used specifically for the response.

(iv) Replacement costs for equipment owned by the city that is contaminated beyond reuse or repair.

(v) Decontamination of equipment that was used during the response.

(vi) Costs of special technical service specifically required for the response.

(vii) Any other special services or equipment specifically required for the response.

(viii) Laboratory costs for the purpose of analyzing samples taken during the response. (Ord. 2881 § 1, 2007).

14.06.022 Federal categorical pretreatment standards.

The federal categorical pretreatment standards found in 40 CFR Chapter I, Subchapter N, Parts 405 – 471 are incorporated herein by reference as if set forth in full in this chapter.

(1) Upon promulgation of categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent, shall supersede the limitation imposed in this chapter.

(2) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the administrator may impose equivalent concentration or mass limits.

(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the administrator shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).

(4) Existing sources shall comply with categorical pretreatment standards within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I, Subchapter N.

New sources shall install, shall have in operating condition, and shall start up all pollution control equipment required to meet the applicable federal categorical pretreatment standards before beginning to discharge. Categorical industrial users that are new sources must meet all applicable categorical pretreatment standards within the shortest feasible time, not to exceed 90 days. All SIUs will be required to be in compliance with local limits at the commencement of discharge. (Ord. 2881 § 1, 2007).

14.06.023 State pretreatment standards.

State requirements and limitations on discharges to the POTW shall be met by all users that are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or other applicable ordinances. (Ord. 2881 § 1, 2007).

14.06.024 Local limits.

The city has developed numeric limits for the pollutants listed below. Pollutants for which no numeric limits are provided may be considered in the future. The administrator may set limits for other pollutants not listed below. The administrator will provide public notice and an opportunity to respond/comment to interested parties pursuant to 40 CFR 403.5(c)(3).

A person shall not discharge or allow the discharge to the POTW of wastewater containing the following individually identified specific pollutants in concentrations, solution, or suspension that exceed the following daily maximum limits:

Table 1. Local Limits
Material	Maximum Allowable Discharge Concentration (mg/L)
Arsenic (As)	0.187
Cadmium (Cd)	0.167
Copper (Cu)	0.165
Chromium (Cr)a	5.0
Cyanide (CN)	1.29
Lead (Pb)	1.18
Mercury (Hg)	0.018
Molybdenum (Mo)	0.692
Nickel (Ni)	1.4
Selenium (Se)	0.325
Silver (Ag)	0.169
Zinc (Zn)	2.30
Oil and grease (petroleum or mineral oil products)	100
Ammonia	100
UV transmittance at 254 nanometers	>10%b
Biochemical oxygen demand (BOD 5)	1,500 mg/L or 200 lbs/day
Suspended solids	300 mg/L or 25 lbs/day

a The chromium limit applies to the total concentration of both trivalent (Cr III) and hexavalent (Cr VI) chromium species. The Cr VI concentration may not exceed two mg/L of the total chromium concentration. Sampling and analysis requirements for Cr VI will be determined by the administrator on a case-by-case basis.

b The transmittance limit applies to a sample that has been agitated and aerated with an equal volume of activated sludge from the POTW for the hydraulic residence time of the aeration system, allowed to settle overnight, and then decanted off the settled solids.

The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). Categorical pretreatment standards apply at the end of the process. However, the administrator may elect to have local limits apply after pretreatment and/or prior to mixing with dilution flows.

All concentrations for metallic substances are for “total” metal unless indicated otherwise. The administrator may impose mass limitations in addition to (or in place of) the concentration based limitations above.

Where a user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply.

(1) Total Toxic Organics. A person may not discharge or allow the discharge of wastewater containing total toxic organics to the POTW in excess of an instantaneous maximum allowable limit of 2.0 milligrams per liter.

(2) Compliance Determination – Assignment of Limits.

(a) The administrator may determine compliance with the local limits or the total toxic organics based on the analysis of:

(i) A grab sample; or

(ii) A combination of grab samples, time composite samples, or flow composite samples.

(3) If necessary to protect the POTW or sanitary sewer, the administrator may issue a permit, order, or rule that assigns the local limits or the total toxic organics limit as:

(a) Instantaneous maximum allowable limits.

(b) Daily average limits.

(d) Monthly average limits.

(e) Limits of other sampling duration or averaging period. (Ord. 2881 § 1, 2007).

14.06.025 City’s right of revision.

The city council authorizes the administrator to revise local limits. The city reserves the right to establish, by ordinance or in wastewater discharge approvals, more stringent standards or requirements on discharges to the POTW. (Ord. 2881 § 1, 2007).

14.06.026 Special agreement.

The administrator reserves the right to enter into special agreements with users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a categorical pretreatment standard or federal pretreatment requirement. However, the user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from the approval authority in accordance with 40 CFR 403.13. (Ord. 2881 § 1, 2007).

14.06.027 Dilution.

A user shall not increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The administrator may impose mass limitations on users that may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate. (Ord. 2881 § 1, 2007).

Article III. Pretreatment of Wastewater

14.06.031 Pretreatment facilities.

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

Any facilities required to pretreat wastewater to a level acceptable to the administrator shall be provided, operated, and maintained at the user’s expense. The use of hot water, enzymes, bacteria, chemicals or other agents or devices for the purpose of causing the contents of a pretreatment device to be discharged into the sanitary sewer system is prohibited.

Facilities required to pretreat waste or wastewater before discharge to the POTW must submit six complete sets of plans and specifications for the pretreatment system to the administrator. All such plans shall describe the proposed pretreatment method, process, or technology, including products, chemicals, agents, or devices used for pretreatment. All plans and specifications shall be prepared under the supervision of a professional engineer licensed in accordance with Chapter 18.43 RCW and in accordance with the requirements for approval of industrial wastewater facilities contained in Chapter 173-240 WAC. All copies of these documents submitted for review shall bear the seal of the professional engineer under whose supervision the documents were prepared. No construction or installation shall begin until written approval of the plans and specifications has been given by the administrator.

(2) Inspection of Construction of Pretreatment Facilities.

(a) During the construction of all pretreatment facilities, including private sewers that directly or indirectly connect to the public system, the administrator shall have access thereto for inspection purposes and, if considered advisable by the administrator, may require an inspector on the job continuously. At no time shall sewers be backfilled or covered until the department has been notified and has given proper inspection and approval. If the work is not approved, it shall be repaired or removed and reconstructed, whichever is directed by the administrator.

(b) All costs of inspection and testing shall be borne by the owner.

A person may not discharge wastewater to the POTW from or through a pretreatment facility until the facility’s design, size, construction plan, installation, and connection to the POTW has been inspected and approved by the administrator.

The administrator may require a pretreatment facility, process, device, agent or product to be tested prior to use or commencement of discharge to the POTW.

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

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

(3) Pretreatment Facilities for FOG. The administrator shall approve installation of grease removal and treatment systems. Users who operate restaurants, cafes, lunch counters, cafeterias, bars or clubs, hotels, hospitals, retirement homes, assisted living centers, grocery stores, factories, school kitchens, butcher shops, or other establishments where food (polar) grease may be introduced to the sewer system must install, operate, and maintain an approved grease interceptor (GI) to prevent the discharge of fat waste, oil, and grease.

(a) GI Design Criteria. All industrial waste streams containing FOG within restaurants, commercial kitchens, or other FOG-generating facilities shall be directed into an appropriately sized GI. No sanitary waste shall be conveyed to the GI. GIs shall be designed, constructed, and installed in accordance with city standards, the Uniform Plumbing Code (UPC) standards and sized in accordance with these rules (UPC Appendix H). But in no case shall interceptors be less than 750 gallons. A sampling port/box that will accommodate the collection of valid oil and grease samples shall be included on all GI installations.

(b) GI Installation. GIs shall be installed such that they are easily accessible for inspection, cleaning, and the removal of FOG and solid material. An accessible GI shall meet the following minimum criteria: the edge of the GI shall be flush with any edge of an overhead obstruction; and the overhead clearance shall be at least equal to the overall depth of the GI. GI access covers should be located such that the influent and effluent sanitary “T” and compartment walls are accessible at all times for proper cleaning and inspection.

(c) Fats, Oils, and Grease Sources. All fixtures, equipment, and drain lines located in a facility’s food preparation and cleanup areas, which are sources of FOG, shall be connected to a GI. Dishwashers or other fixtures discharging emulsifying agents, such as detergents, should be located such that their potential to adversely impact the GI operation is minimized. The following types of equipment or fixtures have been identified as potential sources of FOG and shall be connected to a GI: pre-rinse and/or pre-wash sinks or sinks in dishwashing areas; two- or three-compartment sinks; wok stoves; self-cleaning stove ventilation/exhaust hood; kitchen floor drains; floor drains; floor sinks; mop sinks; food prep sinks; and hand sinks. The city requires that all drain lines have permanently fixed screens with maximum one-fourth-inch openings to prevent the pass through of larger solids into the GI and/or wastewater collection system. Commercial food service discharges are prohibited from the use of food grinders or garbage disposals.

(d) Record-Keeping.

(i) All GI maintenance and compliance records and correspondence must be retained on site by the permitted facility for a minimum of three years. A separate maintenance log shall be maintained for each GI and posted in the immediate vicinity of each device. GI maintenance logs shall include the following information: GI location and volume; maintenance dates; volume removed in gallons; name of company and person(s) performing maintenance; and disposal methods (i.e., the name of the state-permitted facility where the wastewater was discharged if transported off of the property).

(ii) Records associated with waste cooking oil collection and disposal shall also be retained on site by the permitted facility for a minimum of three years. Cooking oil collection logs shall include the following information: collection date; volume collected in gallons; name of company and person(s) performing collection; and disposal methods.

(e) Facility Assessment. The owner or facility representative shall, upon request by the administrator’s authorized representative, open the GI(s) for the purpose of confirming that the maintenance frequency is appropriate, all necessary parts of the installation are in place, including, but not limited to, baffles and influent and effluent tees, and that the device(s) is being maintained in efficient operating condition.

(f) GI Maintenance Frequency. Unless otherwise approved by the administrator, GIs must be pumped-in-full every three months, or sooner if the total accumulation of surface FOG (including floating solids) and settled solids reaches 25 percent of the GI’s overall liquid depth. A facility can petition the administrator to modify the cleaning frequency by demonstrating that the GI’s solids and grease layer never exceeded 25 percent of the interceptor’s capacity in a 12-month period. The administrator reserves the right at any time to increase the cleaning frequency requirement to monthly if the GI’s solids and grease layer exceeds 25 percent of its capacity.

The introduction of emulsifying agents such as chemicals, solvents or enzymes either directly or indirectly into the GI, other than what is considered typical business operational practices, such as dishwashing or sanitation, is strictly prohibited. Products that are shown to reduce FOG, such as bacteria, may be used in addition to the regular GI maintenance program, but shall not be a consideration in determining GI sizing or maintenance frequency. The use of such products requires the approval of the administrator.

(g) The administrator may be petitioned to allow an alternate grease removal and/or pretreatment system where a case can be made for an economic hardship due to limited space. These alternate systems may require specific maintenance programs. Businesses installing additional or alternative pretreatment systems must have said treatment systems approved and inspected by the administrator prior to installation or use.

Users may be required to retrofit facilities that were constructed prior to the adoption of the ordinance codified in this chapter. The requirement to retrofit shall be on a case-by-case basis, as determined by the administrator for compliance with city, state, and federal regulations.

The administrator is authorized to adopt and publish additional criteria for GIs.

(4) Other Interceptors/Separators. Dischargers who operate automatic and coin-operated laundries, car washes, filling stations, commercial garages or similar businesses having any type of washing facilities (including pressure washing and steam cleaning) or any other dischargers producing grit, sand, oils, lint, or other materials that have the potential of causing partial or complete obstruction of the building side sewer or other areas in the POTW shall, upon order of the administrator, install approved interceptors, oil/water separators, or tanks in accordance with specifications adopted by the city of Puyallup such that excessive amounts of oil, sand, and inert solids are effectively prevented from entering the POTW.

(5) Installation and Maintenance. All oil/water separators, settling tanks and grit traps shall be properly installed, maintained, and operated by the discharger at his own expense. Interceptors shall be installed such that they are easily accessible for inspection, cleaning, and the removal of FOG and solid material. The installation shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation. Unless otherwise approved by the administrator, the separator, tank, trap, and/or pretreatment device must be emptied every six months, or sooner if the total accumulation of surface FOG (including floating solids) and settled solids reaches 25 percent of the separator’s overall liquid depth, or the device is discharging in excess of local limits. The administrator reserves the right at any time to increase the cleaning frequency if the separator solids and grease layer exceeds 25 percent of its capacity, or the device is discharging in excess of local limits. Cleaning must be performed by a service contractor qualified to perform such cleaning, or in a manner approved by the administrator. A facility can petition the administrator to modify the cleaning frequency by demonstrating that the separator’s solids and FOG layer never exceeded 25 percent of the separator’s capacity in a 12-month period, and that the device is discharging in compliance with local limits. All material removed shall be disposed of in accordance with all state and federal regulations. Records and certification of maintenance shall be made readily available to the administrator for review and inspection, and must be maintained for a minimum of three years.

If failure to maintain a settling tank, grit trap, GI, or oil/water separator results in partial or complete blockage of the building sewer, private sewer system discharging to the POTW, or other parts of the city POTW, or adversely affects the treatment or transmission capabilities of the POTW, or requires excessive maintenance by the city, or poses a possible health hazard, the discharger responsible for the facilities shall be subject to the remedies herein, including cost recovery, enforcement and penalties. (Ord. 2881 § 1, 2007).

14.06.032 Additional pretreatment measures.

(1) Whenever deemed necessary, the administrator may require users to restrict their discharge during peak flow periods at the POTW, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and/or determine the user’s compliance with the requirements of this chapter.

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

(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the administrator, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the administrator and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at his expense.

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

(5) Best Management Practices (BMPs). Users shall be subject to BMPs required by categorical pretreatment standards, state or local laws, or to meet local limits. The administrator may establish additional BMPs for particular groups of users. BMPs may include, but are not limited to, types or methods of pretreatment technology to be used, methods of source control, minimum maintenance requirements, spill prevention practices, or other requirements as deemed necessary. (Ord. 2881 § 1, 2007).

14.06.033 Deadline for compliance with applicable pretreatment requirements.

Compliance by existing sources and categorical users covered by categorical pretreatment standards shall be within three years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. The administrator shall establish a final compliance deadline date for any categorical user when the local limits for said user are more restrictive than EPA categorical pretreatment standards. The administrator may establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards.

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

Any wastewater discharge approval issued to a categorical user shall not contain a compliance date beyond any deadline date established in the EPA’s categorical pretreatment standards. Any other existing user that is considered to be an SIU, or a categorical user that must comply with a more stringent local limit that is in noncompliance with any local limits, shall be provided with a compliance schedule to ensure compliance within the shortest time feasible. (Ord. 2881 § 1, 2007).

14.06.034 Accidental spill prevention/slug discharge control plans.

The administrator may require any user to develop and implement an accidental spill prevention/slug discharge control plan. Where deemed necessary by the administrator, facilities to prevent accidental spill, discharge, or slug discharges of pollutants shall be provided and maintained at the user’s cost and expense.

An accidental spill prevention plan (ASPP)/slug discharge control plan showing facilities and operating procedures to provide this protection shall be submitted to the administrator for review and approval before implementation. The administrator shall determine which user is required to develop a plan and require said plan to be submitted within 90 days after notification by the administrator. Each user shall implement its ASPP as submitted or as modified after such plan has been reviewed and approved by the administrator. Review and approval of such plans and operating procedures by the administrator shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this section.

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

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

(b) Description of stored chemicals and quantity;

(c) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge that would violate any of the standards in PMC 14.06.021 through 14.06.024; and

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

(2) Users shall notify the Puyallup POTW immediately upon the occurrence of a slug or accidental discharge of substances regulated by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any affected user shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law.

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

(4) Signs shall be permanently posted in conspicuous places on the user’s premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures. (Ord. 2881 § 1, 2007).

Article IV. Wastewater Discharge Approval Requirements and Application

14.06.041 Wastewater discharge approval – Requirement.

(1) All industrial and commercial businesses discharging or proposing to discharge domestic or nondomestic waste into a public sewer, private sewer, or side sewer tributary to the city of Puyallup’s sewerage system shall obtain a wastewater discharge approval, which may include, but shall not be limited to, a discharge permit, conditional discharge authorization, discharge authorization or letter of authorization from the administrator unless otherwise provided in this section. The conditions and discharge limitations in all discharge approvals shall be based on federal, state, county, and city regulations and on the results of analysis of the type, concentration, quantity, and frequency of discharge including the geographical relationship of the point of discharge to sewerage and treatment facilities. The conditions and discharge limitations shall be reevaluated upon expiration of the written discharge approval and may be revised from time to time as required by county, state, or federal regulations and requirements, or to meet any emergency. Obtaining a written discharge approval shall not relieve a user of the obligation to comply with all federal and state pretreatment standards or requirements, or with any other requirements of federal, state, and local law.

(a) All industrial and commercial business proposing to discharge wastewater (or applying for a building permit) shall apply to the administrator for a wastewater discharge approval at least 60 days prior to beginning discharge unless the user is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N, in which case application to the administrator shall be made 90 days prior to beginning of discharge. Any new source or new user meeting the definition of significant industrial user (SIU) shall not discharge without a discharge permit. The administrator may modify application lead time limits for domestic equivalent dischargers.

(b) Any person with an existing wastewater discharge approval proposing to make a change in an existing waste discharge which will substantially change the volume of flow or the characteristics of the waste or establish a new point of discharge shall apply for a new wastewater discharge approval 30 days prior to making the change. Substantial changes may include, but are not limited to, a 20 percent increase in the authorized daily maximum flow, addition of a new process, product, or manufacturing line that will increase or decrease the concentration of pollutants in the waste stream or require modification in the operation of the pretreatment system, addition of new pretreatment equipment, or alteration of a sample site.

(2) All significant industrial users (SIUs) shall obtain a discharge permit. The administrator, on his/her initiative or in response to a petition from an industrial user, may determine that an industrial user is not a significant industrial user (SIU) when there is no reasonable potential for the discharge to adversely affect the POTW’s operation or to violate any pretreatment limit or requirement. (Ord. 2881 § 1, 2007).

14.06.042 Wastewater discharge approval – Existing users.

Existing industrial and commercial users without a wastewater discharge approval, after the effective date of the ordinance codified in this chapter, shall, upon receipt of written notice from the administrator, apply for a wastewater discharge approval within 30 days of notification. Extensions of time for submittal of an application may be granted by the administrator not to exceed a total of 60 days.

The administrator’s notification to SIUs covered by categorical pretreatment standards will be in reasonable time to ensure that the SIUs comply with the 180-day submittal deadline date established in 40 CFR 403.12(b). (Ord. 2881 § 1, 2007).

14.06.043 Wastewater discharge approval – Application contents.

Application for wastewater discharge approvals shall be made to the administrator, in writing, on forms provided by the city and shall include such data, information, and drawings as to enable the administrator to determine which federal, state, and local regulations apply to the discharge and to set forth conditions for the user to comply with such regulations. Such information shall include, but not be limited to, identifying information such as name, address, owner and contact person, other environmental permits held by the user, operation and site descriptions including manufacturing processes, flow measurements, measurements of pollutants, pretreatment system designs and operation and maintenance manuals, spill control plans, and certification statements. The administrator will act only on complete applications.

Significant industrial users (SIUs) shall comply with all requirements of 40 CFR 403.12(b) by the time of discharge permit issuance or upon commencement of discharge, whichever comes first, unless the specific conditions of a discharge permit establishes an alternate deadline.

All categorical users and significant industrial users (SIUs) required to obtain a discharge permit must submit, at a minimum, the following information. The administrator shall approve a form to be used as a discharge permit application. Categorical users submitting the following information shall have complied with 40 CFR 403.12(b).

(1) Identifying Information. The user shall submit the name and address of the facility including the name of the operator and owners.

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

(3) Description of Operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, including a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the POTW; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description must also include a schematic process diagram that indicates points of discharge to the POTW from the regulated or manufacturing processes. Submittals must also include site plans, floor plans, mechanical and plumbing plans and details necessary to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location, and elevation.

(4) Flow Measurement.

(a) Categorical discharge permit applicants shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Regulated or manufacturing process streams; and

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

(b) Noncategorical/significant industrial user (SIU) discharge permit applicants shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:

(i) Total process flow, wastewater treatment plant flow, total plant flow, or individual manufacturing process flow as required by the administrator. The administrator may allow verifiable estimates of these flows where justified by cost or feasibility considerations.

(5) Measurements of Pollutants.

(a) Categorical Discharge Permit Applicants.

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

(ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass) where required by the categorical pretreatment standard or as required by the administrator of regulated pollutants (including standards contained in PMC 14.06.021 through 14.06.024, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in PMC 14.06.070.

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

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

(b) Noncategorical/Significant Industrial User (SIU) Discharge Permit Applicants.

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

(ii) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the administrator) of regulated pollutants contained in PMC 14.06.021 through 14.06.024, as appropriate in the discharge. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in PMC 14.06.071 and 14.06.072.

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

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

(6) Certification. A statement, reviewed by an authorized representative of the user and certified as outlined in PMC 14.06.044, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements.

(7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the administrator will establish the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The schedule shall conform to the requirements of PMC 14.06.064. The completion date in this schedule shall not be later than the compliance date established pursuant to PMC 14.06.033.

If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined waste stream formula (40 CFR 403.6(e)) and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by subsections (4) and (5) of this section, then a new report shall be submitted by the user within 60 days after the modified limit is approved.

(8) Any other information as may be deemed necessary by the administrator to evaluate the discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 2881 § 1, 2007).

14.06.044 Signatory and certification requirement.

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

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

(Ord. 2881 § 1, 2007).

14.06.045 Application review/decision.

(1) Upon receipt of a completed application, the administrator shall determine if a discharge permit, conditional discharge authorization, discharge authorization, or letter of authorization is required, and notify the applicant. Wastewater discharge approvals shall be processed in accordance with Chapter 90.48 RCW and this chapter, which includes public notice for discharges requiring discharge permits; determination of applicable discharge limits and special conditions; review and approval of any pretreatment facilities; facility inspections; issuance of a draft permit; review of the application and any draft permits by appropriate federal, state, and local agencies; and issuance of the final permit or written authorization. If the characteristics of the proposed discharge or discharges meet the requirements of appropriate participant local agencies, the Washington State Department of Ecology, the EPA, and any other applicable state and federal laws and regulations, and city standards, the administrator shall issue a discharge permit to the applicant therefor with appropriate conditions.

(2) If a discharge permit is required, the administrator shall instruct the applicant at its expense to publish notices twice in “The Herald.” Said notices shall include a statement that any person desiring to present their views with regard to the application may do so in writing to the administrator; provided, that the person submits their views or notifies the administrator of their interest within 30 days of the last date of publication of the notice. Such notification or submission of views to the administrator shall entitle the person to review and comment on the draft permit and to a copy of the action taken on the application.

(a) A draft discharge permit shall be issued by the administrator for review and comment by the applicant, federal, state, and local agencies, and members of the public who wish to comment on the application or draft discharge permit. All comments will be reviewed and addressed by the administrator prior to issuance of a final discharge permit.

(b) During discharge permit application processing, the administrator will consult with and provide copies of applications and draft discharge permits to participant local agencies, the Washington State Department of Ecology, and the EPA, when appropriate, to ensure that the limitations and conditions of waste discharge permits or other written discharge approvals will meet requirements of applicable federal, state, and local regulations.

(c) If the characteristics of the proposed discharge or discharges meet the requirements of appropriate participant local agencies, the Washington State Department of Ecology, the EPA, and any other applicable state and federal laws and regulations, and this section, the administrator shall issue a discharge permit to the applicant therefor with appropriate conditions. A copy of the draft discharge permit, final discharge permit, and the completed application on which the discharge permit is based will be submitted to the approval authority.

(3) Wastewater discharge approvals shall be issued with conditions to ensure compliance, meet applicable federal, state, and local regulations, and prevent violations of this chapter. Wastewater discharge approvals may include, but not be limited to, conditional discharge authorizations (e.g., user discharges or is likely to discharge pollutants in excess of local limits or maintains a pretreatment device requiring city inspection), discharge authorization (e.g., user is subject to BMP or maintains a pretreatment device not requiring city inspection), or simple letter of authorization (e.g., retail, offices, warehouses, etc.). Conditions of an authorization may include, but shall not be limited to, discharge limitations and standards, spill control measures, accidental spill prevention plans, slug control plans, monitoring requirements, maintenance requirements, installation of monitoring equipment, record-keeping requirements, reporting requirements, federal and state requirements, installation of sampling sites, flow restrictions, engineering reports, solvent management plans, implementation of BMPs, and special studies to evaluate discharge limits or compliance status.

(a) As a condition of a wastewater discharge approval, the administrator may require the industrial or commercial user to install pretreatment facilities or make plant or process modifications as deemed necessary by the administrator to meet the requirements of this chapter and applicable federal and state standards. Such facilities or modifications shall be designed, installed, constructed, operated, and maintained at the industrial user’s expense in accordance with the provisions of this chapter, and in accordance with the rules and regulations of all local and governmental agencies.

(b) No industrial or commercial user may discharge wastewater into a public sewer, private sewer, or side sewer tributary to the POTW until inspection has been made by the city for compliance with conditions of the wastewater discharge approval and with this chapter, unless the administrator has determined that an inspection is not required.

(c) The administrator may deny a wastewater discharge approval when the applicant’s discharge will not comply with this section or will create a public nuisance. The administrator may also deny a wastewater discharge approval to protect public health and welfare.

(d) Wastewater discharge approvals shall be issued by the administrator for a specified time period not to exceed five years. Each wastewater discharge approval will indicate a specific date upon which it will expire. (Ord. 2881 § 1, 2007).

Article V. Wastewater Discharge Approval Issuance Process

14.06.051 Discharge permit contents.

Discharge permits shall include such conditions as are reasonably deemed necessary by the administrator to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

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

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

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

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

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

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

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

(h) A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.

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

(a) Fees and charges to be paid upon initial permit issuance. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.

(b) Limits on the average and/or maximum rate of discharge, time of discharge, constituents and characteristics and/or requirements for flow regulation and equalization.

(c) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.

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

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

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

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

(h) Any special agreements the administrator chooses to continue or develop between the city and user. Special conditions as the administrator may reasonably require under particular circumstances, including, but not limited to, sampling locations, frequency of sampling, number of samples, sample types, and standards for tests and reporting schedule.

(i) Other conditions as deemed appropriate by the administrator to ensure compliance with this chapter, and state and federal laws, rules, and regulations.

(j) Requirement for submission of special technical reports or discharge reports not otherwise prescribed by this chapter. (Ord. 2881 § 1, 2007).

14.06.052 Wastewater discharge approval – Modification.

The administrator may modify the wastewater discharge approval for good cause including, but not limited to, the following:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements.

(2) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of wastewater discharge approval issuance.

(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.

(4) Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters.

(5) Violation of any terms or conditions of the wastewater discharge approval.

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge approval application or in any required reporting.

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.

(8) To correct typographical or other errors in the wastewater discharge approval.

(9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. (Ord. 2881 § 1, 2007).

14.06.053 Wastewater discharge approval – Transfer.

Wastewater discharge approvals may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 90 days’ advance notice to the administrator and the administrator approves the wastewater discharge approval transfer. The notice to the administrator must include a written certification by the new owner and/or operator that:

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

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

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

Wastewater discharge approvals are issued to a specific user for a specific operation and are not assignable to another user without the prior written approval of the administrator, and are not transferable to any other location.

Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner’s discharge approval. Failure to provide advance notice of a transfer renders the wastewater discharge approval voidable as of the date of facility transfer. (Ord. 2881 § 1, 2007).

14.06.054 Wastewater discharge approval – Revocation.

The administrator may revoke a wastewater discharge approval for good cause, including, but not limited to, the following reasons:

(1) Failure to notify the administrator of significant changes to the wastewater prior to the changed discharge.

(2) Failure to provide prior notification to the administrator of changed conditions.

(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge approval application.

(4) Falsifying self-monitoring reports.

(5) Tampering with monitoring equipment.

(6) Refusing to allow the administrator timely access to the facility premises and records.

(7) Failure to meet discharge limitations.

(8) Failure to pay fines.

(9) Failure to pay sewer charges.

(10) Failure to meet compliance schedules.

(11) Failure to complete a wastewater survey or the wastewater discharge approval application.

(12) Failure to provide advance notice of the transfer of a permitted facility.

(13) If the city has to invoke its emergency provision as cited in PMC 14.06.117.

(14) Violation of any pretreatment standard or requirement.

(15) Violation of any terms of the wastewater discharge approval.

(16) Violation of any provisions of this chapter.

(17) Violation of any terms of an order of the administrator issued under this chapter.

Wastewater discharge approvals shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge approvals issued to a particular user are void upon the issuance of a new wastewater discharge approval to that user. (Ord. 2881 § 1, 2007).

14.06.055 Wastewater discharge approval – Duty to reapply.

If the holder of a wastewater discharge authorization wishes to continue discharging after the expiration date, an application shall be filed for renewal of the permit or authorization at least 90 days prior to the expiration date. Applications for renewal permits or authorizations shall be processed in accordance with the requirements of this section, with the exception of the public notice requirement. An industrial user whose existing waste discharge permit or authorization has expired and has submitted its complete application for permit renewal in the time specified herein shall be deemed to have an effective waste discharge permit or authorization until the administrator issues or denies the new waste discharge permit. An industrial user whose existing waste discharge permit or authorization has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be discharging without a waste discharge permit or authorization. The administrator may extend the wastewater discharge approval upon finding that the interests of this chapter are best served by such extension. (Ord. 2881 § 1, 2007).

Article VI. Discharge Permit Reporting Requirements

14.06.061 Baseline monitoring report.

Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4) (whichever is later), existing categorical users currently discharging to or scheduled to discharge to the POTW shall be required to submit to the administrator a report that contains the information listed in PMC 14.06.043.

At least 90 days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall be required to submit to the administrator a report that contains the information listed in PMC 14.06.043.

A new source shall also be required to submit an engineering report as required by, and complying with, Chapter 173-240 WAC, explaining the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged. (Ord. 2881 § 1, 2007).

14.06.062 Initial compliance report.

(1) Within 90 days following the date for final compliance by the significant industrial user (SIU) with applicable pretreatment standards and requirements set forth in this chapter, in a wastewater discharge permit, or within 30 days following commencement of the introduction of wastewater into the POTW by a new source or new user considered by the administrator to fit the definition of SIU, the affected user shall submit to the administrator a report containing the information outlined in PMC 14.06.043(4) through (6).

(2) For users subject to equivalent mass or concentration limits established by the administrator in accordance with procedures established in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period.

(3) In cases where applicable pretreatment standards and requirements include compliance with BMPs, the user shall submit documentation required by the administrator in the discharge approval to determine the compliance status of the user. (Ord. 2881 § 1, 2007).

14.06.063 Periodic compliance report.

(1) Any user that is required to have a discharge permit and performs self-monitoring shall submit to the administrator on June 15th and December 15th, unless required on other dates or more frequently by the administrator, a report indicating the nature of the effluent over the previous reporting period. The frequency of monitoring shall be as prescribed within the discharge permit. At a minimum, except for zero discharge users, users shall sample their discharge at least twice each year.

(a) The report shall include a record of the concentrations (and mass if specified in the wastewater discharge permit) of the pollutants listed in the wastewater discharge permit that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling locations, and shall also include any additional information required by this chapter or the wastewater discharge permit. Production data shall be reported if required by the wastewater discharge permit. Both daily maximum and average concentration (or mass, where required) shall be reported.

If a user sampled and analyzed more frequently than was required by the administrator or by this chapter, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge during the reporting period.

(b) Any user subject to equivalent mass or concentration limits established by the administrator or by unit production limits specified in the applicable categorical standards shall report production data as outlined in PMC 14.06.062(2).

(c) In cases where applicable pretreatment standards and requirements include compliance with BMPs, the user shall submit documentation required by the administrator in the discharge approval to determine the compliance status of the user.

(d) Zero discharge users shall submit periodic reports as required by the administrator certifying that no process waste has been discharged to the POTW.

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

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

(g) Sampling shall be representative of the user’s daily operations and shall be taken in accordance with the requirements specified in PMC 14.06.071.

(2) The administrator may require reporting by users if information or data is needed to establish a sewer charge, determine the treatability of the effluent, or determine any other factor that is related to the operation and maintenance of the POTW.

(3) The administrator may require self-monitoring by the user or, if requested by the user, may agree to perform the periodic compliance monitoring needed to prepare the periodic compliance report required under this section. If the administrator agrees to perform such periodic compliance monitoring, the user will be charged for such monitoring, based upon the costs incurred by the city for the sampling and analysis. Any such charges shall be added to the normal sewer charge and shall be payable as part of the utility bills. The administrator is under no obligation to perform periodic compliance monitoring for a user. (Ord. 2881 § 1, 2007).

14.06.064 Compliance schedule for meeting pretreatment standards.

(1) The schedule shall contain increments of progress in the form of milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

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

(3) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the administrator including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports. (Ord. 2881 § 1, 2007).

14.06.065 Notification of significant production change.

Any user subject to a discharge permit incorporating mass or concentration limits based on production levels shall notify the administrator within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. For this section, a “significant change” shall be defined as a 15 percent increase or decrease as defined in PMC 14.06.043, Wastewater discharge approval – Application contents. Any user not providing a notice of such anticipated change will be required to comply with the existing limits contained in its wastewater discharge permit. (Ord. 2881 § 1, 2007).

14.06.066 Hazardous/dangerous waste notification.

(1) Any user that is discharging 15 kilograms or more of hazardous wastes as defined in 40 CFR Part 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide notification in writing to the administrator, EPA Region 10 Office of Air, Waste, and Toxics, and the Hazardous Waste Division of the Southwest Regional Office of the Washington State Department of Ecology. Notification shall be provided with the initial wastewater discharge approval application and repeated with each subsequent re-application. Any existing user exempt from this notification shall comply with the requirements contained herein within 30 days of becoming aware of a discharge of 15 kilograms or more of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the city sewer system. Such notification shall include:

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

(b) The EPA hazardous waste number; and

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

(a) An identification of the hazardous constituents contained in the wastes;

(b) An estimation of the mass and concentration of such constituents in the waste streams discharged during that calendar month; and

(c) An estimation of the mass of constituents in the waste streams expected to be discharged during the following 12 months.

(3) Any discharge of wastewater which would be a dangerous waste if not excluded from regulation under the Domestic Sewage Exclusion (WAC 173-303-071) must be identified within each wastewater discharge approval application and subsequent reapplication.

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

Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the administrator of the discharge of such a substance within 90 days of the effective date of such regulations. (Ord. 2881 § 1, 2007).

14.06.067 Report of potential problems.

Any user shall notify the city by telephone by calling 911 immediately in the event of an accidental or nonroutine discharge that may cause potential problems to the POTW, including any slug loadings, as defined in PMC 14.06.013. The notification shall include the location of the discharge, type of waste, concentration and volume (if known), and corrective action taken by the user. Any user who discharges a slug (or slugs) of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed by the administrator or on the city under state or federal law.

Unless waived by the administrator, the user shall, within five days following such discharge, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any penalties, or other liability that may be imposed pursuant to this chapter.

A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of an accidental or nonroutine discharge. Employers shall ensure that all employees are advised of the emergency notification procedure. (Ord. 2881 § 1, 2007).

14.06.068 Notice of violations – Repeat sampling and reporting.

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

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

(2) The city performs sampling of the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. (Ord. 2881 § 1, 2007).

14.06.069 Notification of changed discharge.

All users shall promptly notify the POTW in advance of any substantial facility change affecting the volume or character of pollutants in their discharge or the potential for a slug discharge, including significant manufacturing process changes, pretreatment modifications, and the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p). (Ord. 2881 § 1, 2007).

14.06.069.1 Record-keeping.

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. Users shall also retain records of BMP compliance (if applicable to the users’ discharge approval), including procedural review, inspection, analysis results and/or maintenance records as required by the discharge approval. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the administrator. (Ord. 2881 § 1, 2007).

14.06.069.2 Timing.

Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 2881 § 1, 2007).

14.06.069.3 Total toxic organic (TTO) reporting.

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

(1) Must sample, as part of the initial application requirements, for the organics listed under the TTO limit reasonably expected to be present;

(2) May submit a statement that no TTOs are used at the facility and/or develop a solvent management plan in lieu of continuously monitoring for TTOs, if authorized by the administrator:

If allowed to submit a statement or develop a solvent management plan, the user must annually submit a certification statement as part of its self-monitoring report that there has been no dumping of concentrated toxic organics into the wastewater and that it is implementing a solvent management plan as approved by the administrator. The administrator may require the development and implementation of a solvent management plan in addition to monitoring for TTOs. (Ord. 2881 § 1, 2007).

Article VII. Sampling and Analytical Requirements

14.06.071 Sample collection.

(1) Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(2) Except as indicated in subsections (3) and (4) of this section, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the administrator. Where time-proportional composite sampling or grab sampling is authorized by the administrator, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the administrator, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

(3) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(4) For sampling required in support of baseline monitoring and 90-day compliance reports required in PMC 14.06.061 and 14.06.062 (40 CFR 403.12(b) and (d)), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the administrator may authorize a lower minimum. For the reports required by PMC 14.06.063 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

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

(6) All sample results shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge approval, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report. (Ord. 2881 § 1, 2007).

14.06.072 Analytical requirements.

All pollutant analyses, including sampling techniques, shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard, or approved by the administrator or designee. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by the EPA.

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

To ensure that the reported data is valid for determining compliance with requirements, all data shall have a reporting limit no greater than 25 percent of the regulatory limit included in this chapter or applicable state or federal regulation (e.g., for Pb, with a regulatory limit of 1.89 mg/L, the reporting limit shall be no greater than 0.47 mg/L). (Ord. 2881 § 1, 2007).

14.06.073 City monitoring of users’ wastewater.

The city will follow the same procedures as outlined in PMC 14.06.071 and 14.06.072. (Ord. 2881 § 1, 2007).

Article VIII. Compliance Monitoring

14.06.081 Inspection and sampling.

Continued connection and use of the POTW shall be contingent on the right of the administrator to inspect and sample all discharges into the system. The administrator shall have the right to enter the facilities of any user for the purpose of the enforcement of this chapter as amended, and to determine that any wastewater discharge approval or order issued hereunder is being met and whether the user is complying with all requirements thereof. Users shall allow the administrator ready access to all parts of the premises for the purposes of inspection, photographing, video recording, sampling, records examination and copying, and the performance of any additional duties.

(1) Right of Entry and Inspection.

(a) Existing Systems. The administrator may, during reasonable hours and upon notification to the person with a right to possession, enter any building or premises in the discharge of its official duties to examine or copy records or inspect, photograph, video record, investigate, measure or test the wastes discharged or the private sewer connected, directly or indirectly, to the public system as per 40 CFR 403.12(o) and to utilize existing sewer lateral cleanouts for the purpose of inspecting, maintaining, or cleaning blockages in the public sewer system.

(b) Inspection of Construction of Sewer System Works.

(i) During the construction of all sewer system works, including private sewers that directly or indirectly connect to the public system, the administrator shall have access thereto for inspection purposes and, if considered advisable by the administrator, may require an inspector on the job continuously. At no time shall sewers be backfilled or covered until the department has been notified and has given proper inspection and approval. If the work is not approved, it shall be repaired or removed and reconstructed, whichever is directed by the administrator.

(ii) All costs of inspection and testing shall be borne by the owner or subcontractor.

(i) Upon showing proper credentials, persons authorized by the administrator, when necessary for the performance of their duties, shall have the right to enter the industrial or commercial user’s premises during scheduled, unscheduled, announced, or unannounced inspections. Such authorized personnel shall have access to any facilities and records necessary for determining compliance including, but not limited to, the ability to photograph, video record, copy any records, inspect any monitoring equipment, and sample any wastewater subject to regulation under this chapter. Notwithstanding any provision of law, persons authorized by the administrator may enter an industrial or commercial user’s premises at any time if the administrator determines that an imminent hazard to persons or property exists on or as a result of activities conducted on the industrial user’s premises.

(ii) The administrator may inspect the process areas of an industrial or commercial user, inspect chemical and waste storage areas, and inspect, photograph, video record, sample and monitor wastewater production activities to determine compliance with the provisions herein and any permit or order issued herein. Inspections may include but are not limited to visual observations of the pretreatment and monitoring facilities, review of the measures undertaken by the industrial user to minimize risks for slug discharges, spills, and discharges that would violate any limitations and specific prohibitions, and inspections of any hazardous waste storage areas.

(iii) Persons authorized by the administrator may witness any sampling or sampling procedures required of any industrial or commercial user as part of a self-monitoring program or an industrial wastewater discharge approval.

(2) Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the administrator will be permitted to enter without delay for the purposes of performing specific responsibilities.

(3) The administrator shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

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

(5) Unreasonable delays in allowing the administrator access to the user’s premises shall be a violation of this chapter. (Ord. 2881 § 1, 2007).

14.06.082 Monitoring facilities.

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

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

The administrator may require the user to install monitoring equipment as necessary. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy, or more frequently as determined by the administrator.

Required equipment may include flow meters, pH meter, sampling equipment, and other monitoring equipment as required by the administrator.

The user shall provide at a minimum a 24-inch-diameter inspection and sampling manhole. (Ord. 2881 § 1, 2007).

14.06.083 Search warrants.

If the administrator has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any wastewater discharge approval or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city attorney may, in addition to other legal remedies, seek issuance of a search and/or seizure warrant in accordance with state law. (Ord. 2881 § 1, 2007).

14.06.084 Vandalism.

No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Ord. 2881 § 1, 2007).

Article IX. Information Requests

14.06.090 Confidential information.

Information and data on a user obtained from reports, surveys, wastewater discharge approval applications, wastewater discharge approvals, monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction, unless the user specifically obtains a court-issued protection order holding that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. In no case shall the city, the administrator or employee be liable to a user for public disclosure of any surveys, reports, plans, diagrams, permits and other documents, information, and data submitted to the administrator pursuant to this chapter or information and data obtained by the administrator.

When requested and demonstrated by the user furnishing a report that such information should be held confidential, the administrator shall make reasonable efforts to protect the portions of a report that might disclose trade secrets or secret processes from inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. A user submitting information or data to the administrator for which the user intends to claim whole or partial confidentiality shall mark those specific pages and sections of information or data asserted to be confidential with a conspicuous and legible marking indicating “CONFIDENTIAL.”

Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.

This section shall not be construed to reduce or in any way limit the disclaimer of public liability applicable to the city, its officials, employees, and agents, for the release of public records as reflected in RCW 42.56.060 as currently written or as may subsequently be amended. (Ord. 2881 § 1, 2007).

Article X. Public Notification Requirement

14.06.100 Publication of users in significant noncompliance.

The administrator shall publish annually, in “The Herald,” a list of the users that, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall mean:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(l);

(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(l), multiplied by the TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standard or requirement as defined by PMC 14.06.021 through 14.06.027 that the administrator determines has caused, alone or in combination with other discharges, interference or pass through including endangering the health of city personnel or the general public;

(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or that has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge approval or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide, within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; or

(8) Any other violation(s), which may include a violation of BMPs, that the administrator determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2881 § 1, 2007).

Article XI. Administrative Enforcement Remedies

14.06.110 Administrative enforcement remedies.

The administrator assumes the authority to implement and enforce pretreatment program requirements as required by 40 CFR 403.8. The authority to enforce this chapter and state and federal pretreatment regulations, and/or any amendments adopted hereunder, shall be vested in the administrator or his/her designee. (Ord. 2881 § 1, 2007).

14.06.111 Notification of violation.

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

(1) Contents. The notice of violation shall contain:

(a) Statement of the specific violations that the administrator asserts has occurred;

(2) The notice of violation may contain the following elements:

(a) Factual findings adequately describing the basis upon which the administrator asserts a violation has occurred;

(b) Compliance measures and/or schedule for compliance;

(d) Any other provision or enforcement measure as deemed appropriate by the administrator.

Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the administrator. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2881 § 1, 2007).

14.06.112 Consent orders.

The administrator may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to PMC 14.06.114 and 14.06.115 and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2881 § 1, 2007).

14.06.113 Show cause hearing.

The administrator may order a user that has violated or continues to violate any provision of this chapter, a wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement to appear before the administrator and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2881 § 1, 2007).

14.06.114 Compliance orders.

When the administrator finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement, the administrator may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. Compliance orders may require users to refrain from certain activities, install additional pretreatment equipment, increase self-monitoring, or use best management practices designed to minimize the amount of pollutants discharged to the sewer. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2881 § 1, 2007).

14.06.115 Cease and desist orders.

When the administrator finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the administrator may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements; and

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

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2881 § 1, 2007).

14.06.116 Administrative fines.

(1) When the administrator finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement, the administrator may fine such user in an amount not less than $250.00 and not to exceed $10,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. Said administrative fines shall constitute a sewer service surcharge and upon assessment shall be subject to collection in the same manner as all other sewer utility rates, charges, and penalties.

(2) If the administrator determines that a user has violated or continues to violate any provision of this chapter, a wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement, the administrator may recover the economic benefit accrued to the user due to the user’s noncompliance, including:

(a) The cost benefit resulting from the delay or avoidance of capital costs that would have been incurred for compliance;

(b) The cost benefit resulting from the delay or avoidance of operation and maintenance costs that would have been incurred for compliance including the cost of labor, utilities, chemicals, supplies, replacement parts, overhead, monitoring, permit fees, and other fixed or variable costs for the period of violations(s);

(c) A reasonable investment rate of return on the cost benefit calculated in subsections (2)(a) and (b) of this section over the period of violations(s);

(d) The value of a competitive advantage derived by the user attributable to the user’s noncompliance over the period of violations(s) including increased profits or market share compared to competitors in compliance; and

(e) Other economic benefit the administrator may determine.

(3) Unless other arrangements have been made with and authorized by the administrator, unpaid charges, fines, and penalties shall accrue thereafter at a rate of one percent per month. After 90 days, if charges, fines, and penalties have not been paid, the administrator may revoke the user’s discharge permit.

(4) Collection of Monetary Penalty.

(a) The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of service of the notice of violation. Service by mail shall be deemed complete upon the third day following the day upon which notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.

(b) The city attorney is authorized to take appropriate action to collect the monetary penalty.

(c) Use of Collection Agency. The city, at its discretion, may, pursuant to Chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The city shall add a reasonable fee, payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the city attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid.

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

(6) Users seeking judicial review of administrative fines must do so by filing a petition for review in the Pierce County superior court within 30 days of the decision of the administrator. (Ord. 2881 § 1, 2007).

14.06.117 Emergency suspensions.

The administrator may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.

The administrator may also immediately suspend a user’s discharge (after informal notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or that presents or may present an endangerment to the environment.

(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the administrator shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals.

The administrator shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the administrator that the period of endangerment has passed, unless the termination proceedings in PMC 14.06.118 are initiated against the user.

(2) Postsuspension Report. When the administrator orders emergency suspension, all affected users shall submit a detailed written statement describing the causes of the harmful or prohibited discharge and the measures taken to prevent any future occurrence. Users shall submit this report to the administrator prior to the date of any show cause hearing or termination hearing under PMC 14.06.113, Show cause hearing, and PMC 14.06.118, but in any case not more than 30 days after the suspension.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 2881 § 1, 2007).

14.06.118 Termination of discharge (nonemergency).

In addition to the provisions in PMC 14.06.054, any user that violates the following conditions is subject to discharge termination:

(1) Violation of wastewater discharge approval conditions.

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge.

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

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

(5) Violation of the prohibited discharge standards in PMC 14.06.021.

(6) Failure to pay civil or criminal penalties or sewer charges.

(7) Failure to complete a wastewater survey or wastewater discharge approval application.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause, under PMC 14.06.113, why the proposed action should not be taken. Exercise of this option by the administrator shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2881 § 1, 2007).

14.06.119 Appeal procedures.

(1) Appeals. Any decision or determination made by the administrator in the administration of the provisions of this chapter shall be final and conclusive unless appealed by an aggrieved party within 10 working days from the date of the administrator’s written decision. Upon proper filing of an appeal to the code compliance hearing examiner in accordance with the provisions of Chapter 1.03 PMC, the code compliance hearing examiner shall conduct a hearing in accordance with the procedures as set forth in Chapter 1.03 PMC.

(2) Judicial Review of Appeal.

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

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

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

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

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

(i) In violation of constitutional provisions; or

(ii) In excess of the authority or jurisdiction of the code compliance hearing examiner. (Ord. 2881 § 1, 2007).

Article XII. Judicial Enforcement Remedies

14.06.121 Injunctive relief.

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

The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. Injunctive relief shall be nonexclusive to other remedies available to the city. (Ord. 2881 § 1, 2007).

14.06.122 Civil penalties.

(1) A user that has violated or continues to violate any provision of this chapter, a wastewater discharge approval, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $10,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2) The administrator may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(5) Method of Collection. Civil penalties or fines may be added to the user’s next scheduled sewer service charge, and the city shall have such other collection remedies as required to collect sewer service charges or penalties. Any such assessment, penalty, or charges shall constitute a lien against the individual user’s property.

(6) Failure to Pay Civil Penalty. A user’s failure to pay such civil penalties shall constitute a violation of this chapter and be grounds for termination of water/sewer utility services and revocation of the discharge permit or other equivalent control document. (Ord. 2881 § 1, 2007).

14.06.123 Criminal prosecution.

(1) A user who violates any provision of this chapter, a wastewater discharge approval, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense.

(2) A user who introduces any substance into the POTW that causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge approval, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a gross misdemeanor, and punished by a fine of not more than $5,000 and/or one year in jail. Each day a violation occurs shall constitute a separate offense.

In addition, the user shall be subject to:

(a) The provisions of 18 USC 1001 relating to fraud and false statements;

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

(c) The provisions of Section 309(c)(6) of the Clean Water Act, regarding responsible corporate officers. (Ord. 2881 § 1, 2007).

14.06.124 Remedies nonexclusive.

The provisions in PMC 14.06.110 through 14.06.123 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (Ord. 2881 § 1, 2007).

Article XIII. Supplemental Enforcement Action

14.06.131 Performance bonds.

The administrator may decline to issue or reissue a wastewater discharge approval to any user that has failed to comply with any provision of this chapter, a previous wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the administrator to be necessary to achieve consistent compliance. (Ord. 2881 § 1, 2007).

14.06.132 Financial assurances.

The administrator may decline to issue or reissue a wastewater discharge approval to any user that has failed to comply with any provision of this chapter, a previous wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to meet pretreatment requirements, and/or restore or repair damage to the POTW caused by its discharge. (Ord. 2881 § 1, 2007).

14.06.133 Water supply severance.

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge approval or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 2881 § 1, 2007).

14.06.134 Public nuisances.

A violation of any provision of this chapter, a wastewater discharge approval, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the administrator. (Ord. 2881 § 1, 2007).

14.06.135 Contractor listing.

Users who have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the city. (Ord. 2881 § 1, 2007).

14.06.136 Publication of violations and/or enforcement actions.

The administrator may publish violations and/or enforcement actions at any time, where monetary fines may be inappropriate in gaining compliance, or in addition to monetary fines. Violations and/or enforcement actions may also be published when the administrator feels that public notice should be made, or at other appropriate times. The cost of such publications will be recovered from the user. (Ord. 2881 § 1, 2007).

Article XIV. Affirmative Defenses to Discharge Violations

14.06.141 Upset.

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

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

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

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

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

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

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

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

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

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

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

(6) Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 2881 § 1, 2007).

14.06.142 Prohibited unintentional discharge standards.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in PMC 14.06.021(1) and (2)(d) through (i) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: (1) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or (2) no local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 2881 § 1, 2007).

14.06.143 Bypass.

(1) For the purposes of this section:

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

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

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

(3) Notice.

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

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

(4) Enforcement Action.

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

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

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

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

(b) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (4)(a) of this section. (Ord. 2881 § 1, 2007).

Article XV. Miscellaneous Provisions

14.06.151 Pretreatment charges and fees.

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

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

(1) Fees may include:

(a) Fees for wastewater discharge approvals, including the cost of processing the application, the public notice process, issuing and administering the approval, and reviewing monitoring reports submitted by users;

(b) Fees for modifying or transferring approvals;

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

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

(e) Fees for preparing and executing enforcement action;

(f) Fees for filing appeals; and

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

(2) Fees are as established below:

(a) Approval Fees.

(i) Discharge permit [Reserved].

(ii) Discharge authorization [Reserved].

(iii) Conditional letter of authorization [Reserved].

(iv) Letter of authorization [Reserved].

(b) Transfer fee [Reserved].

(d) Monitoring Fees.

(i) Fees for semiannual inspections and semiannual sampling events of categorical users and significant industrial users (SIUs) are set at $550.00 per visit.

(ii) Any user establishing a pattern of noncompliance, or having a history of noncompliance, or suspected of being in noncompliance, may require additional monitoring visits as deemed appropriate by the administrator. Any additional inspections, sampling, surveillance monitoring activities, and analysis performed that detect noncompliance will be billed directly to the user.

(e) Enforcement Actions. All expenses resulting from preparation of enforcement actions will be billed directly to the user.

All fees or charges will be collected by direct billing. Unless the administrator has been made aware of extenuating circumstances that would prevent prompt payment, all fees are payable within 30 days of the billing. Fees past due will be considered a violation of this chapter. Users not paying fees within 60 days of the billing period will be subject to termination of service. The administrator may change existing or adopt new fees. (Ord. 2881 § 1, 2007).

14.06.152 Severability.

Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The city council of the city of Puyallup hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 2881 § 1, 2007).

14.06.153 Conflicts/repeal.

All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of the inconsistency or conflict. (Ord. 2881 § 1, 2007).

14.06.154 Nonliability.

It is expressly the purpose of this chapter to establish an industrial pretreatment program to comply with the city’s NPDES permit requirements and 40 CFR Part 403 and to provide for and promote the health, safety, and welfare of the general public. It is not the intent of this chapter to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms or requirements of this chapter.

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

Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any tort liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant or discharger to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or inaction on the part of the city related in any manner to the implementation or the enforcement of this chapter by its officers, employees or agents. (Ord. 2881 § 1, 2007).

14.06.155 Savings.

The enactments of this chapter shall not affect any case, proceeding, appeal or other matter currently pending in any court or in any way modify any right or liability, civil or criminal, that may be in existence on the effective date of the ordinance codified in this chapter. (Ord. 2881 § 1, 2007).

14.06.156 Right to request interpretation or ruling.

Any user or any interested party shall have the right to request an interpretation or ruling by the administrator on any matter addressed by this chapter. The request must be in writing and must be addressed to the administrator. The administrator shall provide a prompt written response. A request pursuant to this section shall not stay or otherwise affect enforcement proceedings. (Ord. 2881 § 1, 2007).

Article XVI. Chapter Effective Date

14.06.160 Effective date.

The ordinance codified in this chapter shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. (Ord. 2881 § 1, 2007).