Chapter 13.15 WASTEWATER REGULATIONS

A. For the protection of the health and welfare of the citizens of the City, and as authorized in RCW 35.67.190, this chapter implements the policy and goal of the City that all sewage and polluted waters generated within the City and the City’s urban growth area shall be ultimately discharged into, and treated by, the City’s domestic and/or industrial publicly owned treatment works. All new points of discharge of sewage and polluted waters in the City shall be connected to the City’s POTW, and all existing points of discharge of sewage and polluted waters not connected to the City’s POTW shall be terminated and connected to the City’s POTW at such times as are reasonably practicable, or as required by any federal, state, or local law or regulation.

B. This chapter sets forth uniform requirements for dischargers into the City of Quincy’s (the City’s) industrial and domestic publicly owned treatment works (POTW) and enables the City to protect public health in conformity with all local, State, and Federal laws relating thereto, including the Clean Water Act (33 United States Code [USC] 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations [CFR] Part 403).

C. In this regard, the objectives of this chapter are the following:

1. To prevent the introduction of pollutants into the domestic or industrial sewer which will interfere with the operation of the POTW;

2. To prevent the introduction of pollutants into the domestic or industrial sewer which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

3. To ensure that the quality of domestic and industrial POTW biosolids is maintained at a level that allows their use and disposal in compliance with applicable statutes and regulations;

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

5. To improve the opportunity to reuse and reclaim wastewater and biosolids from the domestic and industrial POTW;

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

7. To enable the City to run a pretreatment program that meets Washington State rules in Chapter 173-216 WAC, Federal rules of 40 CFR Part 403, conditions of its NPDES permit and reclaimed water permit, sludge use and disposal requirements, and any other Federal or State laws to which the POTW is subject; and

8. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW.

D. This chapter shall apply to all users connected (or believed connected) to the domestic or industrial sewer collection systems. This chapter compels the production of information; authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the establishment of fees for the equitable distribution of costs resulting from the program established pursuant to this chapter.

E. Enforcement of this chapter will be under the provisions of Chapter 13.50. (Ord 19-535 §1; Ord 17-492 §1 (Ex A); Ord 12-302 §2 (Ex A))

13.15.115 Administration.

This chapter provides for the regulation of discharges into the City’s domestic and industrial POTW through the enforcement of administrative regulations. Except as otherwise provided in this chapter, 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 employees or agents of the City. (Ord 12-302 §2 (Ex A))

13.15.120 Abbreviations.

The following abbreviations, when used in this chapter, shall have the designated meanings:

AKART	All Known, Available, and Reasonable methods of prevention, control, and Treatment
ASPP	Accidental Spill Prevention Plan
BPCT	Best Practical Control Technology
BOD	Biochemical Oxygen Demand
BMP	Best Management Practice
BMR	Baseline Monitoring Report
CBOD	Carbonaceous Biological Oxygen Demand
CFR	Code of Federal Regulations
CIU	Categorical Industrial User
COD	Chemical Oxygen Demand
CWF	Combined Wastestream Formula
DML	Daily Maximum Limit
EPA	U.S. Environmental Protection Agency
gpd	gallons per day
IU	Industrial User
mg/l	milligrams per liter
NAICS	North American Industry Classification System
NPDES	National Pollutant Discharge Elimination System
NSCIU	Non-Significant Categorical Industrial User
O&M	Operations and Maintenance
POTW	Publicly Owned Treatment Works
RCRA	Resource Conservation and Recovery Act
RCW	Revised Code of Washington
SIU	Significant Industrial User
TDS	Total Dissolved Solids
TRC	Technical Review Criteria
TSS	Total Suspended Solids
TTO	Total Toxic Organics
USC	United States Code
WAC	Washington Administrative Code

(Ord 12-302 §2 (Ex A))

13.15.125 Definitions.

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

"Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. Section 1251 on.

"Administrator" means the person designated by the City to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter. The term also means a duly authorized representative of the Administrator.

"Applicable pretreatment standards," for any specified pollutant, means the City’s specific limitations on discharge, the State standards, or the national categorical pretreatment standards, whichever standard is more stringent.

"Approval authority" means the Washington State Department of Ecology, Water Quality Program Manager.

"Authorized or duly authorized representative of the user" means:

A. If the user is a corporation:

1. 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

2. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct 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 control mechanism 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.

C. If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

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

"Best management practices (BMPs)" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 13.15.210(A) and (B) [40 CFR 403.5(a)(1) and (b)]. BMPs may also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

"Biochemical oxygen demand" ("BOD" or "BOD5") means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at twenty degrees centigrade, usually expressed as a concentration (e.g., mg/L).

"Brine waste" means regeneration waste from ion exchange water softeners or demineralization systems, or reverse osmosis reject, having a total dissolved solids concentration of thirty thousand mg/L or greater.

"Bypass" means the intentional diversion of wastestreams from any portion of the POTW or a user’s treatment facility.

"Categorical industrial user (CIU)" means an industrial user subject to a categorical pretreatment standard or categorical standard.

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

"City" means the City or the City Council of Quincy, Washington, or its authorized officer, employee, agent or representative.

"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.

"Composite sample" means a composite of several wastewater samples collected at the same sample point and taken based on either flow or time. Samplers are subject to approval by the Administrator. Several brands of electric samplers, some with a refrigerated sample collection area, may be used. Approvable composite samplers may use either a flow paced or time paced algorithm. For example, collecting a same sized aliquot every one thousand gallons (flow paced), or a variable sized aliquot every hour (time paced). In both cases, the sampler must interface with a device which senses the effluent flow volume to collect a representative sample, unless the Administrator has determined that a flow proportionate sample is not required.

"Control authority" means the local government entity recognized by Ecology or the EPA with responsibility to enforce the pretreatment program applicable to an area with flows received at the POTW.

"Daily concentration" means the concentration obtained through analysis of a composite sample of all discharges over a calendar day or equivalent twenty-four-hour period. Where flow weighting is infeasible, the daily concentration is the arithmetic average of all samples taken over such a period if analyzed separately, or the sample value if all samples taken over such a period are composited prior to analysis.

"Daily limit" or "daily maximum limit" means the maximum allowable discharge of a pollutant over a calendar day or equivalent twenty-four-hour period. Where daily limits are expressed in units of mass, compliance is the product of the daily concentration and the flow over the same period, multiplied by a conversion factor where necessary to express the daily concentration in the appropriate units. Where daily limits are expressed in terms of a concentration, compliance is the daily concentration. The Administrator has discretion to order sampling over any interval as deemed appropriate; e.g., seven-day limit.

"Department of Ecology" or "Ecology" means the Washington State Department of Ecology.

"Discharger" means any person discharging wastewater into the City’s domestic wastewater facility or industrial wastewater facility, or should be so discharging wastewater, and is synonymous with "user."

"Domestic industrial user" means any industrial and/or commercial user who discharges a liquid-carried effluent, or domestic wastewater, into the domestic POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, or any constructed devices and appliances appurtenant thereto. The term "domestic industrial user" specifically includes the owner or operator of a shopping center or shopping mall.

"Domestic industrial wastewater" means wastewater from domestic industrial and/or commercial processes, as distinguished from domestic residential wastewater.

"Domestic publicly owned treatment works" or "domestic POTW" means that portion of the POTW intended primarily for collecting, pumping, treating, and disposing of domestic wastewater.

"Domestic residential wastewater" means wastewater from domestic residences.

"Domestic sewer" means a domestic wastewater pipeline which carries domestic residential wastewater and does not ordinarily carry storm water or unpolluted water.

"Domestic wastewater" means wastewater of a similar volume and chemical makeup to that from a residential dwelling unit. Discharges from a residential dwelling unit typically include up to nine hundred cubic feet of flow per month, with a concentration of up to three hundred mg/L of BOD, three hundred mg/L of TSS, and sixty mg/L of total ammonia.

"Domestic wastewater works" means all facilities for collecting, pumping, treating, and disposing of domestic wastewater, including the domestic wastewater treatment plant.

"Downspout" means a pipe which conducts water from a roof of a building.

"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.

"Existing source" means any source of discharges subject to categorical standards and discharging prior to the promulgation of those standards or otherwise not meeting the definition of a "new source" in this section.

"Flotable oil" means fats, oils, or greases in a physical state such that they will separate by gravity from domestic wastewater by treatment in an approved pretreatment facility. Domestic wastewater shall be considered free of flotable oils if it is properly pretreated and the domestic wastewater does not interfere with the POTW.

"General pretreatment regulations" means the general pretreatment regulations of 40 CFR Part 403 as now or as they may be amended.

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

"Hauled wastewater" means wastewater introduced into the POTW which has been transported by truck, rail, or any other transport, as distinguished from wastewater which has been conveyed to the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.

"Indirect discharge" or "discharge" means the introduction of pollutants into the POTW from any non-domestic source subject to this chapter or Section 307(b), (c), or (d) of the Act. This term is distinguished from "direct discharge" or a direct release of effluent into the natural environment, typically a river or other receiving water body.

"Industrial publicly owned treatment works (POTW)" means that portion of the POTW intended primarily for collecting, pumping, treating, and disposing of industrial wastewater.

"Industrial user" means a user discharging to the industrial POTW.

"Instantaneous limit" or "instantaneous maximum limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of a discrete sample. For analytes for which users must take a grab sample for compliance purposes, this standard is the same as the daily maximum limit standard. For pollutants for which users are required to take composite samples (or for metals for which no permit has been issued), the instantaneous limit shall be twice the daily limit.

"Interference" means a discharge which causes (either by itself or in combination with other discharges) a violation of the City’s NPDES permit or reclaimed water permit or prevents the intended sewage sludge use or disposal by inhibiting or disrupting the POTW, including its collection systems, pump stations, and wastewater and sludge treatment processes. For example, a discharge from a user which causes a blockage resulting in a discharge at a point not authorized under the City’s NPDES permit or reclaimed water permit.

"Local limits" means effluent limitation developed for users by the Administrator to specifically protect the POTW from the potential of pass through, interference, vapor toxicity, explosions, sewer corrosion, and intended biosolids uses. Such limits shall be based on the POTW’s site-specific flow and loading capacities, receiving water considerations, and reasonable treatment expectations for non-domestic wastewater. See Section 13.15.225 for a full list of local limits.

"Lower explosive limit (LEL)" means the lowest concentration of a gas-in-air mixture at which the gas can ignite.

May. As used in this chapter, the term "may" is permissive.

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

mg/L (milligrams per liter). This unit is interchangeable with parts per million (PPM).

"Monthly average" means the arithmetic mean of the effluent sample results collected during a calendar month or specified thirty-day period. The Administrator may require sampling over any other time period as deemed appropriate (e.g., seven-day average) at their discretion. Where the control authority has taken a sample during the period, it must be included in the monthly average if provided in time. However, where composite samples are required, grab samples taken for process control or by the control authority are not to be included in a monthly average.

"Monthly average limit" means the limit to be applied to the monthly average to determine compliance with the requirements of this chapter. The Administrator may set limits over any other time period as deemed appropriate (e.g., seven-day average limit) at their discretion.

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

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

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

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

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 (B) or (C) above, but otherwise alters, replaces, or adds to existing processes or production equipment.

Construction of a new source as defined under this definition has commenced if the owner or operator has:

A. Begun, or caused to begin, as part of a continuous on-site construction program:

1. Any placement, assembly, or installation of facilities or equipment; or

2. 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

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

"Non-contact cooling water" or "cooling water" means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

"O&M" means operations and maintenance.

"Occupant" means any person or owner in physical possession of a building, structure, or premises to which domestic wastewater service is available.

"Other wastes" means all substances other than wastewater, domestic wastewater and domestic industrial wastewater, including, without limitation, decayed wood, sawdust, shavings, bark, lime, refuse, garbage, ash, offal, oil, tar, and chemicals.

"Pass through" means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the City’s NPDES permit or reclaimed water permit, including an increase in the magnitude or duration of a violation.

"Permittee" means any person or user issued a wastewater discharge permit.

"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, and local governmental entities.

"pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units.

"Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, carbonaceous oxygen demand, toxicity, or odor).

"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 diluting the concentration of pollutants unless allowed by an applicable pretreatment standard.

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user other than a pretreatment standard, such as the proper operation of pretreatment devices, record keeping, and reporting.

"Pretreatment standards" or "standards" means discharge prohibitions (Section 13.15.210), categorical pretreatment standards (Section 13.15.215), State pretreatment standards (Section 13.15.220), local limits (Section 13.15.225), and site specific limits based on potential for vapor toxicity, explosion, sewer corrosion, or other detrimental effects to the POTW.

"Private sewer" means the domestic sewer pipeline and disposal system constructed, installed, or maintained where connection with the domestic wastewater Works is not required by this chapter.

"Process domestic wastewater" means water- or liquid-carried waste discharged from one or more domestic industrial, manufacturing, trade, or business practices or from the development, recovery, or processing of natural resources. Process domestic wastewater does not include domestic residential wastewater or non-contact cooling water. Process domestic wastewater may refer to one process discharge or several commingled process discharges.

"Process sewer" means a drain or sewer pipeline which carries process domestic wastewater only, as distinct from domestic industrial wastewater, domestic residential wastewater, and storm water.

"Prohibitive discharge standard" means any regulation developed under the authority of Section 307(b) and (c) of the Act (33 USC 1317), the GPR (40 CFR Part 403), the State, or the City which prohibits the discharge of certain types or characteristics of wastewater. These prohibitions can be general or specific.

"Publicly owned treatment works (POTW)" means a treatment works, as defined by Section 212 of the Act (33 U.S.C. Section 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. Used in this chapter, the term refers to both the treatment works used for domestic wastewater and the treatment works used for industrial wastewater.

"Septic tank waste" or "septage" means sewage and typically associated solids from domestic activities pumped from a septic tank serving one or more private residences. The Administrator may also consider wastes from other holding tanks such as boat blackwater, bilge water, cesspools, and treatment lagoons to be septic tank waste so long as they do not include chemicals which might inhibit biological activity.

"Sewage" means human excrement and gray water (from household showers, toilets, kitchens, clothes and dish washing, and related domestic activities).

Shall and Will. In this chapter, "shall" and "will" shall be mandatory.

"Side sewer" means a storm or domestic sewer pipe leading from a plumbing outlet, drain, or other facilities to the domestic wastewater works.

Significant Industrial User (SIU). Except as provided in subsections (C) and (D) of this definition, a "significant industrial user" is:

A. A user subject to categorical pretreatment standards; or

B. A user that:

1. Discharges an average of twenty-five thousand gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater);

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

3. Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.

C. The City may determine that a user subject to categorical pretreatment standards is a non-significant categorical industrial user rather than a significant industrial user on a finding that the user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:

1. The user, prior to City’s finding, has consistently complied with all applicable categorical pretreatment standards and requirements;

2. The user annually submits the certification statement required in Section 13.15.680(B) [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and

3. The user never discharges any untreated concentrated wastewater.

4. Upon a finding that a user meeting the criteria in subsection (C)(2) of this section has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

"Slug load" or "slug discharge" means any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions. This includes discharges at a flow rate or concentration which could cause a violation of the prohibited discharge standards of Section 13.15.210.

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

"State" means the State of Washington.

"State waste discharge permit (SWDP)" means the reclaimed water discharge permit administered by the State of Washington for the domestic POTW, in compliance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW and Chapter 173-216 WAC).

"Storm sewer" means a drain or pipeline which carries storm, surface, or subsurface waters or drainage effluent from storm plumbing outlets, and other unpolluted water.

"Storm water" means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

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

"Toxic pollutants" means those substances listed in the Federal priority pollutant list (40 CFR 423, Appendix A) and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307 of the Act (33 USC 1317).

"Unpolluted water" means water in its natural state or water which, after use of any purpose, is not substantially changed as to chemical or biochemical properties. The Administrator may determine which waters are unpolluted water.

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

"User" means a source of indirect discharge. Any person with a source of discharge that does not qualify as domestic wastewater who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, tank trucks, constructed drainage ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto shall be considered a user. A person who should be discharging wastewater to the POTW is also considered a user.

Explanatory note:

Federal pretreatment regulations and the federal pretreatment model ordinance identify different classes of users. SIUs are users required to obtain a wastewater discharge permit. SIUs may be either CIUs or non-categorical industrial users NCIUs, depending on whether or not they are subject to federally established categorical pretreatment standards. In general, all CIUs are also SIUs unless exempted. An exempt CIU may also be referenced as a non-significant CIU NSCIU. Whether or not subject to a discharge permit, NSCIUs have certain reporting requirements (40 CFR 403.3(v)(2)).

CIUs are also divided into new sources and existing sources, depending on whether they started construction before the EPA began publication of a categorical standard (existing sources) or after publication (new sources). NCIUs are divided into new users or existing users, depending on whether they started construction before the effective date of a local pretreatment ordinance (existing users) or after (new users).

The above distinctions result in different regulatory requirements.

"Wastewater" means liquid- and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

"Wastewater discharge permit" or "discharge permit" means an authorization or equivalent control document issued by the City to users discharging wastewater into the POTW. The permit may contain appropriate pretreatment standards and requirements as set forth in this chapter.

"Wastewater treatment plant" or "treatment plant" means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

"Watercourse" means a channel in which a natural flow of water occurs or has occurred either continuously or intermittently. (Ord 17-492 §2; Ord 12-302 §2 (Ex A))

II. General Sewer Use Requirements

13.15.205 Required connection to public sewer system. Revised 9/24

A. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the City sewer service boundaries and abutting on any street, alley, or right-of-way in which there is located a public sewer system within two hundred feet of the property line, is hereby required at the owner’s expense to connect to the public sewer system unless the property is served by an existing lawfully functioning on-site sewage system; provided, that connection to the public sewer system shall be required to ensure protection of the environment and/or public health and safety when any of the following occurs:

1. The on-site sewage system is found to be in failing condition as determined by the Grant County Health District; or

2. The on-site sewage system is found to be inadequate for the proposed or existing use of the property as determined by the Grant County Health District.

B. The distance to the public sewer system shall be measured from the nearest part of public sewer system to the nearest edge of the property along the usual or most economically feasible route of access taking into consideration public rights-of-way and easements.

C. Pursuant to RCW 35A.21.390, upon the failure of an on-site sewage system for which the City requires a connection to a public sewer system, the owner of such system may appeal the City’s denial of the permit to repair or replace an existing, failing on-site sewage system that:

1. Was made for a single-family residence by its owner or owners;

2. Was denied solely because of a law, regulation, or ordinance requiring connection to a public sewer system; and

3. Absent the applicable law, regulation, or ordinance requiring connection to a public sewer system upon which the denial was based, would be approved.

D. Any appeal of the City’s denial of the permit to repair or replace an existing, failing on-site sewage system shall be to the City’s Hearing Examiner utilizing the procedures set forth in Section 13.50.320. The owner is required to pay the filing fee for the appeal at the time of filing the notice of appeal. The filing fee shall be the amount listed for appeals of other administrative decisions for quasi-judicial and administrative actions as set forth in the City’s Rate Resolution that is in effect at the time that the appeal is filed. The Hearing Examiner shall consider, at a minimum, whether:

1. It is cost-prohibitive to require the property owner to connect to the public sewer system. In complying with this subsection the City must consider the estimated cost to repair or replace the on-site septic system compared to the estimated cost to connect to the public sewer system;

2. There are public health or environmental considerations related to allowing the property owner to repair or replace the on-site septic system. In complying with this subsection, the City must consider whether the repaired or replaced on-site septic system contributes to the pollution of surface waters or groundwater;

3. There are public sewer system performance or financing considerations related to allowing the property owner to repair or replace the on-site septic system; and

4. There are financial assistance programs or latecomer agreements offered by the City or state that may impact a decision of the property owner to repair or replace the on-site septic system.

The Hearing Examiner’s determination requiring the owner of a single-family residence with a failing on-site sewage system to connect the residence to the public sewer system is not subject to appeal. Any other appeal of the Hearing Examiner’s determination shall be done in accordance with Section 13.50.330.

E. Within the area to be served by the public sewer system of the City as it now exists and as it may be improved and extended in the future, the owner of any property, upon which is a residence or building used for human occupancy, employment, recreation, or other purposes, shall within sixty days of receipt of the written notification by the City for sewer connections to be made cause a connection to be made between the public sewer system and each residence and each required building within such property. The notice required herein shall be done by personal service or by certified mail, postage prepaid and return receipt requested. If notice is mailed, it shall be deemed received three business days after mailing.

F. If any sewer connection shall not be timely made after the notice required in subsection (E) of this section, then the City is hereby authorized and directed to cause such connection to be made and to file a statement of the cost thereof with the City Clerk, and thereupon a warrant in the amount of such cost payable to the City shall be issued by the City Finance Director under the direction of the City Council. The amount of such warrant, plus interest at the rate of twelve percent per annum upon the total amount of such cost, shall be assessed against the property, and shall become a lien thereon. Amounts collected shall be paid into the Domestic Sewer Fund for domestic sewer connections or paid into the Industrial Sewer Fund for industrial sewer connections.

G. For purposes of this section, the following definitions shall apply:

1. "Fail," "failing" or "failure" shall have the same meaning as "failure" as stated in WAC 246-272A-0010(2), as it now appears or is hereafter amended.

2. "On-site sewage system" shall have the same meaning as "on-site sewage system" as stated in WAC 246-272A-0010(2), as it now appears or is hereafter amended.

3. "Public sewer system" shall have the same meaning as "public sewer system" as stated in WAC 246-272A-0010(2), as it now appears or is hereafter amended. (Ord 24-620 §41; Ord 19-535 §2)

13.15.210 Prohibited discharge standards.

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

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

1. Pollutants which either alone or by interaction may create a fire or explosive hazard in the POTW, a public nuisance or hazard to life, or prevent entry into the sewers for their maintenance and repair or are in any way injurious to the operation of the system or operating personnel. This includes wastestreams with a closed cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21.

2. Wastewater having a pH less than 5.0 or more than 11.0, or otherwise having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel. Discharges outside this pH range may be authorized by a permit issued by the City pursuant to a finding that the system is specifically designed to accommodate a discharge of that pH.

3. Solid or viscous substances in amounts which may cause obstruction to the flow in the sewer or other interference with the operation of the system. In no case shall solids greater than one-quarter inch (0.64 cm) in any dimension be discharged.

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

5. Wastewater having a temperature which will interfere with the biological activity in the system, has detrimental effects on the collection system, or prevents entry into the sewer. In no case shall wastewater be discharged which causes the wastewater temperature at the treatment plant to exceed one hundred four degrees F (forty C).

6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.

7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

8. Trucked or hauled pollutants, except at discharge points designated by the Administrator in accordance with Section 13.15.325.

9. The following are prohibited unless approved by the Administrator under extraordinary circumstances, such as lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions (as required under WAC 173-216-050):

a. Non-contact cooling water in significant volumes, except as specifically authorized by the Administrator in a wastewater discharge permit.

b. Storm water, or other direct inflow sources.

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

10. Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair.

11. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the City’s NPDES permit or reclaimed water permit.

12. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations.

13. Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water, and unpolluted wastewater, unless specifically authorized by the Administrator in a wastewater discharge permit.

14. Sludges, screenings, or other residues from the pretreatment of industrial wastes.

15. Medical wastes, except as specifically authorized by the Administrator in a wastewater discharge permit.

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

17. Detergents, surface active agents, or other substances which may cause excessive foaming in the POTW.

18. Fats, oils, or greases of animal or vegetable origin in concentrations greater than three hundred mg/l, or total petroleum hydrocarbon concentrations of no more than one hundred mg/l.

19. Wastewater causing two readings on an explosion hazard meter at the point of discharge into the POTW, or at any point in the POTW, of more than ten percent (10%) or any single reading over twenty percent (20%) of the lower explosive limit based on an explosivity meter reading.

Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord 12-302 §2 (Ex A))

13.15.215 National categorical pretreatment standards.

The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated.

A. 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 in accordance with subsections (E) and (F) of this section (see 40 CFR 403.6(c)).

B. When categorical pretreatment standards are expressed in terms of a mass of pollutant which may be discharged per unit of production, the Administrator may either impose limits based on mass or equivalent effluent concentrations. The user must supply appropriate actual or projected long term production rates for the unit of production specified in order to facilitate this process (see 40 CFR 403.6(c)(2)).

C. The Administrator may allow wastewater subject to a categorical pretreatment standard to be mixed with other wastewaters prior to treatment. In such cases, the user shall identify all categorical wastestreams and provide sufficient information on each non-categorical wastestream to determine whether is should be considered dilute for each pollutant. Absent information showing that non-categorical wastestreams contain the pollutant in question at levels above that of the supply water, such wastestreams shall be considered dilute. In such situations, the Administrator shall apply the combined wastestream formula as found at 40 CFR 403.6(e) to determine appropriate limits.

D. A CIU may request an adjustment to a categorical standard to reflect the presence of pollutants in the CIU’s intake water when its water source is from the same body of water that the POTW discharges into.

1. Any CIU wishing to obtain credit for intake pollutants must include, in their permit application, sample data showing influent water pollutant levels which form the basis for the credit requested in their permit application.

2. Unless the categorical standard was written to be applied on a net basis, the information supplied by the CIU must also demonstrate that the treatment system it proposes or uses to meet the categorical standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.

3. In response to an acceptable application, the Administrator may adjust the categorical standards to the extent necessary to meet the applicable categorical pretreatment standard(s), up to a maximum value equal to the influent pollutant concentration.

4. The Administrator may waive the requirement for the intake water to be drawn from the same body of water the POTW discharges to if the Administrator determines that no environmental degradation will result.

E. When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, a user may request that the City convert the limits to equivalent mass limits. The City may establish equivalent mass limits if the user meets all of the conditions set forth below.

1. To be eligible for equivalent mass limits, the user must submit information with its permit application or permit modification request which:

a. Shows it has a pretreatment system which has consistently met all applicable pretreatment standards and maintained compliance without using dilution;

b. Describes the water conserving practices and technologies it employs, or will employ, to substantially reduce water use during the term of its permit;

c. Includes the facility’s actual average daily flow rate for all wastestreams from continuous effluent flow metering;

d. Determines an appropriate unit of production, and provides the present and long-term average production rates for this unit of production;

e. Shows that long-term average flow and production are representative of current operating conditions;

f. Shows that its daily flow rates, production levels, or pollutant levels do not vary so much that equivalent mass limits would be inappropriate; and

g. Shows the daily and monthly average pollutant allocations currently provided based on the proposed unit of production.

2. A user subject to equivalent mass limits must:

a. Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

b. Continue to record the facility’s flow by continuous effluent flow monitoring;

c. Continue to record the facility’s production rates;

d. Notify the Administrator if production rates are expected to vary by more than twenty percent from the baseline production rates submitted according to subsection (E)(1)(d) of this section. The Administrator may reassess and revise equivalent limits as necessary to reflect changed conditions; and

e. Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subsection (E)(1)(b) of this section so long as it discharges under an equivalent mass limit.

3. Equivalent mass limits:

a. Will not exceed the product of the actual average daily flow from regulated process(es) of the user and the applicable concentration-based daily maximum limit and monthly average limit standards (and the appropriate unit conversion factor);

b. May be reassessed and the permit revised upon notification of a revised production rate, as necessary to reflect changed conditions at the facility; and

c. May be retained in subsequent permits if the user’s production basis and other information submitted in subsection (E)(1) of this section is verified in their reapplication. The user must also be in compliance with Section 13.50.630 regarding the prohibition of bypass.

F. The Administrator may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414 (organic chemicals), 419 (petroleum refining), and 455 (pesticide formulating, packaging and repackaging) to concentration limits in permits for such users. In such cases, the Administrator will document the basis and the determination that dilution is not being substituted for treatment in the permit fact sheet.

G. The Administrator is obliged under federal regulations to make the documentation of how any equivalent limits were derived (concentration to mass limits or vice versa) publicly available.

H. Once incorporated into its permit, the user must comply with the equivalent limits in lieu of the categorical standards from which they were derived.

I. The same production and flow estimates shall be used in calculating equivalent limits for the monthly (or multiple day average) and the maximum day.

J. Users subject to permits with equivalent mass or concentration limits calculated from a production based standard shall notify the Administrator if production will significantly change. This notification is required within two business days after the user has a reasonable basis to know that that production will significantly change in the next calendar month. Users who fail to notify the Administrator of such anticipated changes must meet the more stringent of the equivalent limits or the user’s prior limits. (Ord 12-302 §2 (Ex A))

13.15.220 State pretreatment standards.

Washington State pretreatment standards and requirements, located at Chapter 173-216 WAC, were developed under authority of the Water Pollution Control Act, Chapter 90.48 RCW, and are hereby incorporated. The version incorporated is the version current as of the date of the latest revision or version of this chapter. All waste materials discharged from a commercial or industrial operation into the POTW must satisfy the provisions of Chapter 173-216 WAC. In addition to some slightly more stringent prohibitions (merged with Section 13.15.210), the following provisions unique to Washington State are required by this chapter for discharges to a POTW:

A. Any person who constructs or modifies or proposes to construct or modify wastewater treatment facilities must first comply with the regulations for submission of plans and reports for construction of wastewater facilities, Chapter 173-240 WAC. Unless and until the City is delegated the authority to review and approve such plans under RCW 90.48.110, sources of non-domestic discharges shall request approval for such plans through the Department of Ecology. To ensure conformance with this requirement, proof of the approval of such plans and one copy of each approved plan shall be provided to the Administrator before commencing any such construction or modification.

B. Users shall apply to the Administrator for a permit at least 60 days prior to the intended discharge of any pollutants other than domestic wastewater or wastewater which the Administrator has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW (WAC 173-216-050(1)).

C. All significant industrial users (SIUs) must apply for and obtain a permit prior to discharge.

D. All users shall apply all known, available, and reasonable methods of prevention, control, and treatment (AKART) to waste discharges to the waters of the state (WAC 173-216-050(3)).

E. Discharge restrictions of Chapter 173-303 WAC (Dangerous Waste) shall apply to all users. (Prohibited discharge standards have been merged with Federal prohibitions in Section 13.15.210.)

F. Claims of confidentiality shall be submitted according to WAC 173-216-080. Information which may not be held confidential includes the: name and address of applicant, description of proposal, the proposed receiving water, receiving water quality, and effluent data. Claims shall be reviewed based on the standards of WAC 173-216-080, Chapter 42.17 RCW, Chapter 173-03 WAC, and RCW 43.21A.160.

G. Persons applying for a new permit or a permit renewal or modification which allows a new or increased pollutant loading shall publish notice for each application in the format provided by the City. Such notices shall fulfill the requirements of WAC 173-216-090. These requirement include publishing:

1. The name and address of the applicant and facility/activity to be permitted;

2. A brief description of the activities or operations which result in the discharge;

3. Whether any tentative determination has been reached with respect to allowing the discharge;

4. The address and phone number of the office of the Administrator where persons can obtain additional information;

5. The dates of the comment period (which shall be at least thirty days); and

6. How and where to submit comments or have any other input into the permitting process, including requesting a public hearing.

H. The Administrator may require the applicant to also mail this notice to persons who have expressed an interest in being notified, to state agencies and local governments with a regulatory interest, and to post the notice on the premises. If the Administrator determines there is sufficient public interest the City shall hold a public meeting following the rules of WAC 173-216-100. The Administrator may assume responsibility for public notice requirements for any person, and may waive this requirement for persons applying for a general permit, model permit, short term discharge authorization, or a food service establishment.

I. Permit terms shall include, wherever applicable, the requirement to apply AKART.

J. All required monitoring data shall be analyzed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC, except for flow, temperature, settleable solids, conductivity, pH, turbidity, and internal process control parameters. However, if the laboratory analyzing samples for conductivity, pH, and turbidity must otherwise be accredited, it shall be accredited for these parameters as well. (Ord 12-302 §2 (Ex A))

13.15.225 Local limits.

A. The Administrator may establish local limits pursuant to 40 CFR 403.5(c).

B. The following limits are established as local limits, expressed as maximum daily concentrations (daily maximum limits). Industrial wastewater treatment plant limits apply to industrial users. Municipal water reclamation facility limits apply to domestic industrial users. No user or other person may discharge wastewater into the POTW in excess of the following concentrations:

Industrial Wastewater Treatment Plant Limits
Constituent	Concentration (mg/L)
Antimony	0.025
Arsenic	0.022
Beryllium	0.0050
Cadmium	0.0054
Total Chromium	1.67
Copper	0.12
Cyanide	0.015
Lead	0.015
Mercury	0.000027
Molybdenum	0.017
Nickel	0.25
Selenium	0.0092
Silver	0.037
Thallium	0.0032
Zinc	0.72
Petroleum-based FOG	50
Plant- and animal-based FOG	300
pH	Minimum of 5.0, maximum of 11.0

Municipal Water Reclamation Facility
Constituent	Concentration (mg/L)
Antimony	0.023
Arsenic	0.059
Beryllium	0.010
Cadmium	0.031
Total Chromium	0.58
Copper	1.12
Cyanide	1.52
Lead	0.21
Mercury	0.012
Molybdenum	0.040
Nickel	0.38
Selenium	0.048
Silver	0.49
Thallium	0.010
Zinc	2.12
Petroleum-based FOG	50
Plant- and animal-based FOG	300
pH	Minimum of 5.0, maximum of 11.0

C. Regeneration waste from ion exchange water softeners, demineralization or similar systems, reject liquid waste from reverse osmosis or similar systems, or brackish water or wastewater with a TDS concentration of five thousand mg/L or greater shall be classified as brine waste. Brine waste shall not be discharged to the POTW except as authorized by the Administrator in a wastewater discharge permit. Silica-laden wastewater, with silica concentrations greater than two hundred fifty mg/L, is prohibited.

D. The Administrator shall use the individual permit process to establish ceiling limits for compatible pollutants and appropriate discharge limits for BOD, TSS, ammonia, and TDS. This also includes other pollutants not listed above and subject to regulation under RCRA, volatile or semi-volatile organics, halogenated or brominated compounds, polyaromatic hydrocarbons, polymers, surfactants, pesticide active ingredients, etc.

E. The Administrator may establish and require best management practices (BMPs) for any category of user or type of industrial process which creates a non-domestic wastestream. Such requirements may be applied either in lieu of or in addition to the local limits of this section. BMPs may also include alternative limits which may be applied at the end of a specific process or treatment step instead of at the combined effluent. (Ord 12-302 §2 (Ex A))

13.15.230 Right of revision.

The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord 12-302 §2 (Ex A))

13.15.235 Special agreements.

The City 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, users 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 12-302 §2 (Ex A))

13.15.240 Dilution.

No user shall ever 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 a discharge limit unless expressly authorized by an applicable pretreatment standard or requirement. The Administrator may impose mass limitations on users where deemed appropriate to safeguard against the use of dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord 12-302 §2 (Ex A))

III. Pretreatment of Wastewater

13.15.310 Pretreatment facilities.

Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 13.15.210 within the time limitations specified by EPA, the State, or the Administrator, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense, and satisfy State requirements for review and approval of plans for wastewater facilities as described in Section 13.15.220. Such plans (Engineering Report, Plans and Specifications, and Operation and Maintenance [O&M] Manuals) shall be submitted as required by Chapter 173-240 WAC to the Administrator for review, and users shall obtain approval prior to construction. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this chapter. (Ord 12-302 §2 (Ex A))

13.15.315 Additional pretreatment measures.

A. The Administrator may immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appear to present an imminent endangerment to the health or welfare of persons. In such cases, the Administrator will provide the user advance notice if possible, but shall not delay a response to imminent endangerment.

B. The Administrator may halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW (including the collection system and pump stations). In such cases, the Administrator shall attempt to provide not only notice to the affected user(s), but the opportunity to respond.

C. Any user causing the Administrator to exercise the emergency authorities provided for under subsections (A) and (B) of this section shall be responsible for reimbursement of all related costs to the City.

D. The Administrator may require users to reduce or curtail certain discharges to the sewer, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and take all other measures to protect the POTW and determine the user’s compliance with the requirements of this chapter.

E. The Administrator, based on the determination that such devices are necessary for implementation of pretreatment requirements, may require any user to install and maintain, on their property and at their expense, the following devices:

1. A sample taking facility accessible to the Administrator.

2. A suitable storage and/or flow equalization tank.

3. Grease, oil, and/or grit interceptors.

4. An approved combustible gas detection meter.

F. Users installing any of the above devices shall ensure they are of the type and capacity approved by the Administrator, meet applicable building and plumbing codes, and conform to any separate requirements established by the City. Users shall locate units in areas easily accessible for cleaning and inspection by representatives of the Administrator. Users shall be responsible for all periodic inspection, cleaning, and repair of such devices. (Ord 12-302 §2 (Ex A))

13.15.320 Accidental discharge/slug discharge control plans.

The Administrator may require any user to develop and implement an accidental discharge/slug discharge control plan and take other actions the Administrator believes are necessary to control discharges which may be caused by spills or periodic non-routine activities. Accidental discharge/slug discharge control plans shall include at least the following:

A. A description of all discharge practices, including any non-routine batch discharges such as from cleaning, replenishment, or disposal;

B. A description of all stored chemicals, disclosing all ingredients in formulations which could violate a discharge prohibition if discharged to the sewer;

C. The procedures for immediately notifying the Administrator of any accidental or slug discharge, as required by Section 13.15.640; and

D. The procedures that will be taken to prevent the occurrence or adverse impact from any accidental or slug discharge. Such procedures shall address the 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. (Ord 12-302 §2 (Ex A))

13.15.325 Hauled wastewater.

A. Residential wastes meeting the definition of "septage" may be introduced into the POTW at locations designated by the Administrator, and at such times as are established by the Administrator. The hauler of such wastes shall be responsible for ensuring such wastes comply with all discharge prohibitions (Sections 13.15.210 through 13.15.240, inclusive) and other applicable requirements of the City. The Administrator may require septic tank waste haulers to obtain wastewater discharge permits or provide a manifest at the time of discharge identifying the customer name, address, and volume from each residence.

B. The Administrator shall require the hauler, and may also require the generator, of non-domestic waste to obtain a wastewater discharge permit. The Administrator also may prohibit the disposal of any or all hauled industrial waste. The discharge of hauled industrial waste is subject to all relevant requirements of this chapter.

C. Industrial waste haulers may discharge loads only at locations designated by the Administrator and with the prior consent of the Administrator. The Administrator may collect samples of each hauled load to ensure compliance with applicable standards, and halt the discharge at any point in order to take additional samples or hold the load pending analysis. The Administrator may require the industrial waste hauler to provide a waste analysis of any load prior to discharge, to characterize the waste, or to certify that the waste does not meet the definition of a "hazardous waste" under Chapter 173-303 WAC.

D. Industrial waste haulers must provide a waste tracking form for every load. This form shall include at least:

1. The name and address of the industrial waste hauler;

2. Hauler permit number;

3. Truck and driver identification;

4. The names and addresses of the sources of waste;

5. For each pickup, the type of industry, volume, brief description, known characteristics and presumed constituents of waste; and

6. Any wastes which are "hazardous wastes" under RCRA.

E. Brine waste haulers may discharge loads only at locations designated by the Administrator and with the prior consent of the Administrator. The Administrator may collect samples of each hauled load to ensure compliance with applicable standards, and halt the discharge at any point in order to take additional samples or hold the load pending analysis. The Administrator may require the industrial waste hauler to provide a waste analysis of any load prior to discharge, to characterize the waste, or to certify that the waste does not meet the definition of a "hazardous waste" under Chapter 173-303 WAC.

F. Brine waste haulers must provide a waste tracking form for every load. This form shall include at least:

1. The name and address of the industrial waste hauler;

2. Hauler permit number;

3. Truck and driver identification;

4. The names and addresses of the sources of waste;

5. For each pickup, the type of industry, volume, brief description, known characteristics, and presumed constituents of waste; and

6. Any wastes which are "hazardous wastes" under RCRA. (Ord 12-302 §2 (Ex A))

IV. Wastewater Discharge Permit Application and Issuance

13.15.410 Industrial user surveys.

The City is obligated under Federal law to identify all users potentially subject to the pretreatment program, and the character and volume of pollutants discharged by such users. To satisfy this requirement, all sources of non-domestic discharges to the POTW must, upon request of the Administrator, periodically complete an industrial user survey form. Users shall fully disclose the information requested and sign the completed form in accordance with Section 13.15.440. Proper completion of survey requirements is a condition of initial and continued discharge to the public sewer system. Users failing to fully comply with survey requirements within thirty days shall be subject to all enforcement measures authorized under this chapter including termination of service. The Administrator is authorized to prepare several forms for this purpose and require completion of the particular form which the Administrator determines appropriate to provide the information needed to categorize each user. The Administrator shall be authorized to categorize each user, provide written notice of a user’s categorization and what it means, and revise this categorization at any time. (Ord 12-302 §2 (Ex A))

13.15.415 Wastewater discharge permit requirement.

A. No user categorized by the Administrator as an SIU shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or, where applicable, a general permit from the Administrator. An SIU that has filed a timely application pursuant to Section 13.15.420 may continue to discharge unless and until notified otherwise by the Administrator.

B. The Administrator may require all other users to obtain wastewater discharge permits, install pretreatment equipment, or implement best management practices (BMPs) as necessary to carry out the purposes of this chapter. For example, a wastewater discharge permit may be required solely for flow equalization.

C. Any failure to complete the required survey form or apply for and obtain a required permit, or violation of the terms and conditions of a wastewater discharge permit shall be deemed violations of this chapter and subject the wastewater discharge permittee to the sanctions of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (Ord 12-302 §2 (Ex A))

13.15.420 Wastewater discharge permitting – Existing connections.

Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges shall, within thirty days after said date, apply to the Administrator for a wastewater discharge permit in accordance with Section 13.15.430, and shall not cause or allow discharges to the POTW to continue after sixty days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Administrator. (Ord 12-302 §2 (Ex A))

13.15.425 Wastewater discharge Permitting – New connections.

Persons wishing to discharge non-domestic wastewater must first complete either a survey form (if they do not expect a permit is needed) or a permit application. Any user identified by the Administrator through the survey as needing a permit must file a permit application. Applications for wastewater discharge permits, in accordance with Section 13.15.430, must be filed at least ninety days prior to the desired date of discharge, and the discharge permit obtained prior to commencing discharge. (Ord 12-302 §2 (Ex A))

13.15.430 Wastewater discharge permit application contents.

A. All users required to obtain a wastewater discharge permit must apply using the form provided by the Administrator. Users eligible for coverage under a general permit may request such coverage using an industry specific form if one has been developed (see Section 13.15.435). Users must supply the Administrator the following information as part of the permit application if relevant to the user’s operation unless waived by the Administrator.

1. Identifying Information.

a. The name and physical address of the facility, the names of the operator/facility manager and owner, and the name and address of the point of contact; and

b. A description of activities, facilities, and plant production processes on the premises.

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

3. A description of operations and facilities including:

a. A brief description of the operations, average rate of production, and industrial classification (North American Industry Classification System [NAICS] codes) of the operation(s) conducted on site. Some categorical standards reference Standard Industrial Classification (SIC) codes. The NAICS-SIC correspondence tables published by the United States Census Bureau will be used to determine the corresponding SIC code for each applicant.

b. The number and type of employees and proposed or actual hours of operation.

c. The type, amount, rate of production, and process used for each product produced.

d. The type and amount of raw materials used (average and maximum rates).

e. The raw materials and chemicals to be routinely stored at the facility (including products in rail cars and tank trucks located on site).

f. The types of wastes generated on a routine and periodic basis.

g. The times and durations when wastes will be discharged.

h. A schematic process diagram showing each process step, wastestream, treatment step, internal recycle, and point of discharge to the POTW. This diagram should identify which streams are subject to categorical standards.

i. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

j. The sampling locations and provisions for monitoring discharges.

k. Whether plans for wastewater facilities under Chapter 173-240 WAC have been developed, and their approval status (Engineering Report, Plans and Specifications, and an O&M Manual).

4. Flow Data. The average daily and maximum daily flow, in gallons per day, to the POTW from each wastestream. Information shall be complete enough to allow use of the combined wastestream formula per Section 13.15.215(C) (and 40 CFR 403.6(e)) where applicable.

5. Pollutant Data.

a. The categorical pretreatment standards applicable to each regulated process.

b. The results of sampling and analysis identifying the nature and concentration, (and mass where required by the standard or the Administrator), of regulated pollutants in the discharge from each regulated process.

c. The estimated peak instantaneous, daily maximum, and long-term average discharge concentrations (and mass) based on the sampling results.

6. Sampling data to show samples are:

a. Representative of daily operations.

b. Taken just downstream from pretreatment facilities if such exist, or just downstream of the regulated process(es) if no pretreatment exists.

c. Collected as required by Section 13.15.665.

d. Analyzed according to Section 13.15.660.

7. Information Confirming BMPs. Where standards specify a BMP or pollution prevention alternative, the user must include the information needed by the Administrator or the applicable standard to determine whether BMPs are (or will be) implemented.

8. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge must include new sampling showing (continued) absence of the pollutant in the raw wastewater and satisfying Section 13.15.625(B).

9. Any request to be covered by a general permit shall satisfy Section 13.15.435.

10. Any other information deemed necessary by the Administrator to evaluate the situation and prepare a discharge permit.

B. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The Administrator shall be held harmless for delays caused by returned applications. (Ord 12-302 §2 (Ex A))

13.15.435 General permits.

A. The Administrator may use general permits to control discharges to the POTW from all users. SIUs covered by a general permit will be those that the Administrator finds:

1. Involve the same or substantially similar types of operations.

2. Discharge the same types of wastes.

3. Require the same effluent limitations.

4. Require the same or similar monitoring.

5. Are more appropriately controlled under a general permit.

6. Are not subject to production-based standards, mass limits, or require use of the combined wastestream formula to calculate limits.

B. To be covered by the general permit, the user must file a written request for coverage. The request must identify contact information, production processes, types of wastes generated, the general permit under which coverage is requested, and the basis for believing the general permit is applicable. The user must also identify the location for monitoring all wastes covered by the general permit. If requesting a monitoring waiver, the application must provide information showing Section 13.15.625(B) has been complied with. The user must also provide any other information the Administrator has requested to properly evaluate the situation. A monitoring waiver is not effective until the Administrator has provided written notice granting the waiver.

C. The Administrator will retain the following for three years after the expiration of the general permit: a copy of the general permit, the fact sheet, each user’s request for coverage, and the POTW’s determination to extend coverage to each user. (Ord 12-302 §2 (Ex A))

13.15.440 Application signatories and certifications.

A. All survey forms, wastewater discharge permit applications, and user reports must be signed by an authorized representative of the user and contain the certification statement in Section 13.15.680(A).

B. Users shall submit a new authorization if the designation of an authorized representative is no longer accurate. This includes when a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company. The user must submit the new authorization prior to or with any reports to be signed by the new authorized representative.

C. A facility determined to be a non-significant categorical industrial user (NSCIU) by the Administrator pursuant to Section 13.15.125 must annually submit the signed certification statement found at Section 13.15.680(B). (Ord 12-302 §2 (Ex A))

13.15.445 Wastewater discharge permit decisions.

A. After receipt of a complete wastewater discharge permit application, the Administrator will determine whether or not to issue a wastewater discharge permit. The Administrator will determine whether to grant a wastewater discharge permit within thirty days of receipt of a complete application and full responses to any questions the Administrator may have. The Administrator may extend this period to sixty days. After sixty days, if no action has been taken, the application is deemed denied, the sixty-first day being the date of issuance for appeal purposes.

B. Except where otherwise noted, the Administrator acts on a complete permit application by issuing a written decision to the permit applicant. When a decision is issued, the date of issuance for purposes of appeal by the applicant is three days from mailing if mailed, the date of electronic delivery if delivered electronically (e.g., email), or the date of personal delivery, whichever occurs first. As to persons other than the applicant, when a decision is issued, the date of issuance is the date of delivery of the decision to persons requesting delivery.

C. The Administrator may deny any application for a wastewater discharge permit or require additional safeguards, reports (including plans under Chapter 173-240 WAC), or information. For users not meeting the criteria of SIUs, the Administrator may also waive or defer a permit, or allow discharges in the interim while a permit is being prepared. The Administrator may require any user, as a condition of permit issuance, renewal, or otherwise, to pay any outstanding fines, penalties, service charges, or other applicable outstanding fees relating to its discharge, enjoyment of municipal utility services, or any enforcement order. (Ord 12-302 §2 (Ex A))

V. Wastewater Discharge Permits

13.15.510 Wastewater discharge permit duration.

The Administrator may issue a wastewater discharge permit for a period of up to five years from its effective date. Each wastewater discharge permit will indicate its expiration date. (Ord 12-302 §2 (Ex A))

13.15.515 Wastewater discharge permit contents.

Wastewater discharge permits will include conditions the Administrator deems reasonably necessary to carry out the goals of the pretreatment program (Section 13.15.110), Federal and State regulations, and the requirements of this chapter.

A. Wastewater discharge permits will contain:

1. The permit issuance date, expiration date, and effective date;

2. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 13.15.530, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

3. Effluent limits, including BMPs, based on applicable pretreatment standards and requirements to apply AKART (see Section 13.15.220(I));

4. The pollutants to be monitored, and specific monitoring requirements. This includes the sampling location(s), sampling frequencies, and sample types consistent with Federal, State, and local law. (See Section 13.15.220(J));

5. Requirements to submit certain reports (as reflected in Sections 13.15.610 through 13.15.680, inclusive), provide various notifications, keep records, and implement BMPs;

6. The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 13.15.625(B), or a specific waived pollutant in the case of an individual permit;

7. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law;

8. Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans (find required content in Section 13.15.320) where the Administrator determines such plans are important to preventing accidental, unanticipated, or non-routine discharges;

9. Any monitoring which has been conditionally waived by the Administrator according to Section 13.15.625(B) but which automatically applies at any time the requirements of the conditional waiver are not met; and

10. Reapplication requirements.

B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:

1. Pretreatment facilities and measures required by Sections 13.15.310 and 13.15.315;

2. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

3. Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the treatment works, ground, or stormwater;

4. Requirements to develop and implement of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

5. Requirements to pay charges or fees for discharge to the POTW including high strength charges;

6. Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices;

7. Notice 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 which become effective during the term of the wastewater discharge permit; and

8. Other conditions as deemed appropriate by the Administrator to ensure compliance with this chapter and State and Federal laws, rules, and regulations. (Ord 12-302 §2 (Ex A))

13.15.520 Permit issuance process.

A. Draft Permit Issuance. Upon issuance of a decision, the Administrator will review the complete application and issue a draft wastewater discharge permit and draft fact sheet within thirty days of the decision to issue a permit to the user.

B. Public Notice. Users shall follow the procedures for public notice found in Section 13.15.220(G) and (H). The Administrator shall consider and respond to public input as appropriate prior to issuance of a permit. The Administrator will arrange a public meeting if there is sufficient interest.

C. Final Permit Issuance. Following the comment period, which shall be at least thirty days, the Administrator shall make necessary changes and issue the wastewater discharge permit and fact sheet.

D. Permit Appeals. The Administrator shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Administrator to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

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

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

3. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

4. If the Administrator fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with Grant County Superior Court within twenty days. (Ord 12-302 §2 (Ex A))

13.15.525 Wastewater discharge permit modification.

The Administrator may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements including new or revised local limits;

B. To address new or changed operations, processes, production rates, wastestreams, or changes in water volume or character;

C. To reflect conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent;

D. Based on information indicating that a permitted discharge poses a threat to the City’s POTW or staff, the receiving waters, or violates a prohibition of this chapter;

E. To address violations of any terms or conditions of the wastewater discharge permit;

F. To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report;

G. To incorporate revisions based on a variance from categorical pretreatment standards approved pursuant to 40 CFR 403.13;

H. To correct typographical or other errors in the wastewater discharge permit;

I. To reflect a transfer of the facility ownership or operation to a new owner or operator as required under Section 13.15.530; or

J. To incorporate a monitoring waiver granted by the Administrator. (Ord 12-302 §2 (Ex A))

13.15.530 Wastewater discharge permit transfer.

Wastewater discharge permits may be transferred to a new owner or operator only if the permitted user gives at least thirty days’ advance notice to the Administrator and the Administrator approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the Administrator must include a written certification by the new owner or operator which:

A. States that the new owner and/or operator have no immediate intent to change the facility’s operations and processes;

B. Acknowledges the obligation to apply for a wastewater discharge permit modification, should any change be planned, prior to implementing the change;

C. Identifies the specific date on which the transfer is to occur;

D. Acknowledges full responsibility for complying with the existing wastewater discharge permit; and

E. Addresses changes to the user’s slug discharge control plan, if applicable. (Ord 12-302 §2 (Ex A))

13.15.535 Wastewater discharge permit revocation.

The Administrator may revoke a wastewater discharge permit for good cause, including, but not limited to, when a user has:

A. Failed to notify the Administrator of significant changes to the wastewater prior to the changed discharge;

B. Failed to provide prior notification to the Administrator of changed conditions pursuant to Section 13.15.630;

C. Misrepresented or failed to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsified self-monitoring reports or tampered with monitoring equipment;

E. Refused to allow the Administrator timely access to the facility premises and records;

F. Failed to meet effluent limitations or permit conditions;

G. Failed to pay applicable fines or sewer charges;

H. Failed to meet compliance schedule deadline dates;

I. Failed to complete a wastewater survey or wastewater discharge permit application;

J. Failed to provide advance notice of the transfer of business ownership;

K. Violated any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;

L. Ceased operations; or

M. Transferred business ownership. Wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user. (Ord 12-302 §2 (Ex A))

13.15.540 Wastewater discharge permit reissuance.

A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 13.15.430, a minimum of one hundred twenty days prior to the expiration of the user’s existing wastewater discharge permit. (Ord 12-302 §2 (Ex A))

13.15.545 Regulation of waste received from other jurisdictions.

A. Prior to allowing wastewater (except hauled wastewater) to be received for treatment from another municipality, or from a user located outside the municipal corporate boundaries of the City, the City shall be empowered and obliged to enter into an inter-municipal agreement with the contributing municipality (County, City, Town, Sewer District, or other municipal corporation recognized under State law). Such agreement shall affix responsibilities in an enforceable manner to ensure that the pretreatment program is fully and equitably administered in all contributing jurisdictions. Any such agreement or modification to such an agreement shall be reviewed by the City’s legal counsel and shall be submitted, together with the opinion that it is legally sufficient, to the approval authority (Department of Ecology) and processed as a minor program modification.

B. Prior to entering into an agreement required by subsection (A) of this section, the Administrator shall request the following information from the contributing municipality:

1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

2. An inventory of all users located within the contributing municipality that are discharging to the POTW; and

3. Such other information as the Administrator may deem necessary.

C. An interlocal agreement, as required by subsection (A) of this section, shall contain the following provisions:

1. Requirements for contributing municipalities to adopt a sewer use ordinance which establishes pretreatment standards and requirements as stringent as in this chapter (Sections 13.15.210 through 13.15.235, inclusive). The ordinance provisions and limits must be revised to conform within a reasonable time frame (within 9 months) to any future revisions of the City’s ordinance;

2. Requirements for the contributing municipality to submit a revised user inventory on at least an annual basis, and reinforce requirements to obtain a permit prior to discharge;

3. A clear division of responsibilities for implementing each pretreatment related activity under this chapter or in the City’s NPDES permit or reclaimed water permit. Such tasks include reinforcing prohibitions, locating users, issuing wastewater discharge permits, conducting inspections, sampling, evaluating compliance, initiating enforcement, and reporting compliance. Any activities which will be conducted jointly by the contributing municipality and the Administrator must also be identified;

4. Requirements for the contributing municipality to provide the Administrator access to all information that the contributing municipality obtains as part of its pretreatment activities;

5. The nature, quality (e.g., conventional and toxic pollutant concentrations), and volume (peak and average flow rates) the contributing municipality is allowed to discharge to the City. How and where compliance will be measured, how fees for service and surcharges will be established, and how additional loading capacity, if needed, will be negotiated;

6. Provisions ensuring the Administrator may enter and inspect users located within the contributing municipality’s jurisdictional boundaries to confirm that the pretreatment program is being properly administered, users are properly categorized, etc.; and

7. Provisions for addressing any breach of the terms of the inter-municipal agreement. (Ord 12-302 §2 (Ex A))

VI. Reporting Requirements

13.15.610 Baseline monitoring reports.

A. When standards for an industry category are published (promulgated), users that perform that process and either currently discharge or are scheduled to discharge wastewater from the process to the POTW (existing sources) must submit a "baseline monitoring report" to the Administrator. This report must contain the information listed in subsection (C) of this section. The report is due within one hundred eighty days after the effective date of a categorical pretreatment standard, unless the final administrative decision on a category determination comes later (reference 40 CFR 403.6(a)(4) for details in that event).

B. Users that wish to begin discharging wastewater to the POTW from operations subject to categorical standards after EPA has published the standards (called new sources) shall also submit a "baseline monitoring report" to the Administrator containing the information listed in subsection (C) of this section. However, for new sources, the report must be provided at least ninety days before desiring to discharge. New sources shall describe the method of pretreatment they intend to use to meet applicable categorical standards. Because monitoring data will not be available for proposed facilities, new sources instead must provide estimates of the anticipated flow rates and quantity of pollutants to be discharged.

C. The baseline monitoring report shall include the following information:

1. All information required in Section 13.15.430(A)(1) through (A)(7), inclusive.

2. Additional Conditions for Existing Sources Measuring Pollutants.

a. Users shall take a minimum of one representative sample to compile the data for the baseline monitoring report.

b. Users shall take samples immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If the user mixes other wastewaters with the regulated wastewater prior to pretreatment, the user must provide the flows and concentrations necessary to apply the combined wastestream formula of Section 13.15.215(C) and 40 CFR 403.6(e). Where the user wants an alternate concentration or mass limit, and it is allowed by Federal rules at 40 CFR 403.6(e), the user shall propose the adjusted limit and provide supporting data to the control authority.

c. Sampling and analysis shall be performed in accordance with Section 13.15.665 (sample collection), and Section 13.15.660 (sample analysis).

d. The Administrator may allow the report to use only historical data if the data is good enough to allow the evaluation of whether (and which) industrial pretreatment measures are needed;

e. The baseline report shall indicate the time, date, and place of sampling and methods of analysis. The user shall certify that the sampling and analysis presented is representative of normal work cycles and expected pollutant discharges to the POTW.

3. Compliance Certification. A statement, reviewed by the user’s authorized representative as defined in Section 13.15.125 and certified by a qualified professional, such as a professional engineer, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional O&M and/or additional pretreatment steps are required to meet the pretreatment standards and requirements.

4. Compliance Schedule. While new sources must install the treatment required to meet the pretreatment standards prior to operation, existing sources may be granted a compliance schedule where they must provide additional pretreatment and/or O&M to meet the pretreatment standards. In such cases, the user shall propose the shortest schedule by which they can provide the additional pretreatment and/or O&M. The completion date which the user proposes in this schedule may not be later than the compliance date established for the applicable pretreatment standard. Any compliance schedule authorized pursuant to this section must also meet the requirements set out in Section 13.15.615.

5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with Section 13.15.680(A) and signed by an authorized representative as defined by Section 13.15.125. (Ord 12-302 §2 (Ex A))

13.15.615 Compliance schedules.

The following conditions shall apply to compliance schedules proposed by existing sources according to Section 13.15.610(C)(4) and incorporated into permits. Compliance by existing sources 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 for any existing user not covered by categorical pretreatment standards or when the local limits are more restrictive than the federal categorical pretreatment standards for a CIU:

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine (9) months;

C. The user shall submit a progress report to the Administrator no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine (9) months elapse between such progress reports to the Administrator. (Ord 12-302 §2 (Ex A))

13.15.620 Reports on compliance with categorical pretreatment standard deadline.

Both existing sources and new sources must submit a report on whether compliance has been initially achieved. For existing sources, the report is due ninety (90) days after the date applicable categorical standards give as the final compliance date. For a new source, the report is due 90 days after starting to discharge to the POTW.

In both cases, the report must contain the information described in Sections 13.15.430(A)(3) through (A)(6), inclusive. For existing sources, it must also contain the compliance certification of Section 13.15.610(C)(3) and, if needed, the compliance schedule described in Section 13.15.610(C)(4). Users subject to equivalent mass or concentration limits, as allowed by Section 13.15.215, must include a reasonable measure of their long-term production rate. Other users subject to standards based on a unit of production (or other measure of operation) must include their actual production during the sampling period. All compliance reports must be signed and certified in accordance with Section 13.15.680(A). (Ord 12-302 §2 (Ex A))

13.15.625 Periodic compliance reports.

A. The Administrator may specify the necessary minimum sampling and reporting frequencies and include applicable requirements in permits. SIUs, except those recognized as "middle tier" users under subsection (C) of this section, must:

1. Report at least twice a year, in June and December unless otherwise specified;

2. Report the flows and concentrations of regulated pollutants in all discharges subject to pretreatment standards;

3. Report average and maximum daily flows for the reporting period and identify where flow estimates are used; and

4. Include the documentation needed to show compliance with applicable BMPs, pollution prevention alternatives, maintenance, treatment, or record keeping requirements.

B. The Administrator may authorize a CIU to forgo sampling of a pollutant regulated by a categorical standard when it is not present in raw wastewater provided:

1. The CIU submits a request for the waiver with their permit application or reapplication (see Section 13.15.430(A)(8));

2. The CIU analyzes a sample (or samples) representative of all wastewater from all processes before any treatment and includes all results with the request;

3. The CIU demonstrates through source water and untreated process water sample results that the pollutant never exceeds intake water levels. (Pollutants simply reduced by treatment to background levels are ineligible for the waiver.);

4. The CIU shows, where non-detectable sample results are returned in subsection (B)(2) or (3) of this section, that they used the method from 40 CFR Part 136 with the lowest detection level;

5. The duly authorized representative of the CIU signs the request using the certification statement of Section 13.15.680(A);

6. The CIU includes, in routine monitoring reports, the statement in Section 13.15.680(C), certifying that there has been no increase in the pollutant in its wastestream due to activities of the user; and

7. The CIU reports and immediately resumes the monitoring which would otherwise have been required upon discovering that a waived pollutant is present or expected to be present based on changes to the user’s operations.

The Administrator will document the reasons supporting the waiver in the permit fact sheet, and keep any information submitted by the user and the fact sheet for three years after the waiver expires. Monitoring waivers are valid after being incorporated in a user’s permit. The waiver is in effect while the permit is effective, up to 5 years. The Administrator may cancel a monitoring waiver at any time for any good reason.

C. The Administrator may reduce the minimum periodic compliance reporting frequency for CIUs from twice a year (subsection (A) of this section) to once a year where the CIU:

1. Discharges wastewater subject to categorical standards at a rate less than one gallon per every 10,000 gallons of POTW design maximum monthly average flow capacity (per the City NPDES permit or reclaimed water permit). The CIU must measure their discharge using a continuous (or totalizing) effluent flow meter. If the CIU discharges in batches, the Administrator will determine eligibility by dividing total flows in all batches which contain any proportion subject to categorical regulation by the number of days the CIU is in full operation in a given calendar month.

2. Discharges less than 5,000 gallons of wastewater subject to categorical standards on the maximum day (including for batch dischargers).

3. Discharges categorical wastewater with less than one pound of BOD5 per each 10,000 pounds of POTW loading capacity. POTW loading capacity is the design maximum monthly average BOD5 loading capacity per the City’s NPDES permit or reclaimed water permit (or if not included in the permits, in approved City plans).

4. Discharges less than 0.01 percent of the maximum allowable headworks loading for any pollutant regulated by both an applicable categorical standard and a local limit in Section 13.15.225.

5. Has not been in significant non-compliance as defined in this chapter during the prior two years.

6. Has daily flow rates, production levels, or pollutant levels that are consistent enough the Administrator believes will allow representative data at the decreasing reporting interval.

D. Users must sign and certify all periodic compliance reports in accordance with Section 13.15.680(A).

E. Users must take wastewater samples which are representative of their range of discharge conditions and of any discharge not disclosed in their permit application. Users must properly operate, clean, and maintain sampling and flow metering facilities and devices and ensure they function properly. The Administrator may not allow user claims that sampling results are unrepresentative due to a user’s failure to meet this requirement.

F. Users subject to the reporting requirements in this section must report any additional monitoring which might determine compliance with permit requirements. This includes any additional monitoring of regulated pollutant at their respective effluent monitoring locations using procedures prescribed in Section 13.15.665. In such cases, the results of this monitoring shall be included in periodic monitoring reports.

G. Users that send electronic (digital) documents to the City to satisfy the requirements of this section must meet all state and federal electronic signature requirements. Electronic data shall be in the format required by the Administrator. The Administrator may also require reporting in both digital and traditional format. (Ord 12-302 §2 (Ex A))

13.15.630 Reports of changed conditions.

Each user must notify the Administrator of any significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater. This notification must be made at least thirty days before the desired change and be sent to both the control authority (Administrator) and the receiving POTW if they are different. In such cases:

A. The Administrator may require the user to submit whatever information is needed to evaluate the changed condition. The Administrator may also require a new or revised wastewater discharge permit application under Section 13.15.430.

B. The Administrator may issue, reissue, or modify a wastewater discharge permit applying the procedures of Sections 13.15.510 through 13.15.545, inclusive, in response to a user’s notice under this section.

Any user operating under a wastewater discharge permit incorporating equivalent mass or concentration limits shall notify the City within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month and request approval. Notification does not relieve the user of the duty to comply with the existing limits contained in its wastewater discharge permit. Significant changes include but are not limited to flow increase of 20 percent volume or greater, either of a pollutant or total volume, or the discharge of any previously unreported pollutants. Additionally, the user must submit a wastewater discharge permit modification application, which must include an engineering report detailing the features of the change, including pertinent data and analysis. (Ord 12-302 §2 (Ex A))

13.15.640 Reports of potential problems.

A. Any user which has any unusual discharge that could cause problems to the POTW must immediately notify the Administrator by telephone of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user to control and curtail the discharge. Such discharges may include spills, slug loads, accidental discharges, or other discharges of a non-routine, episodic nature. Problems to the POTW which require reporting under this section include violating pretreatment prohibitions, treatment standards, or other requirements of Article III of this chapter such as vapor toxicity and explosivity limits.

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

C. Regardless of whether the user has been required to submit a slug discharge control plan (per Section 13.15.320), all users shall post notice in a prominent location advising employees who to call at the POTW to inform the Administrator of a potential problem discharge (Section 13.15.640(A)). Users shall ensure that all employees who may cause or witness such a discharge are advised of the emergency notification procedures.

D. All users must immediately notify the Administrator of any changes at their facility which might increase their potential for a slug discharge. This includes increasing the volume of materials stored or located on site which, if discharged to the POTW, would cause problems. Users required to prepare a slug discharge control plan under Section 13.15.320 shall also modify their plans to include the new conditions prior to or immediately after making such changes. (Ord 12-302 §2 (Ex A))

13.15.645 Reports from unpermitted users.

All users not required to obtain a wastewater discharge permit or general permit shall provide appropriate reports to the Administrator as the Administrator may require. This includes periodically completing and signing industrial user surveys. (Ord 12-302 §2 (Ex A))

13.15.650 Notice of violation – Repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the Administrator by telephone immediately upon becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Administrator within thirty days after becoming aware of the violation. The Administrator may waive the repeat sampling requirement where the City has sampled the effluent for the pollutant in question prior to the user obtaining sampling results. (Ord 12-302 §2 (Ex A))

13.15.655 Notification of the discharge of hazardous waste.

A. Any user who discharges any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 or Chapter 173-303 WAC must also comply with the following requirements:

1. Notify the Administrator, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of the discharge. Maintain a copy of this notification and include it in all subsequent permit application or reapplications under this chapter.

2. Include the following information in the notification:

a. The name of the hazardous waste as found in 40 CFR Part 261;

b. The EPA hazardous waste number; and

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

3. If the discharge totals more than two hundred twenty pounds in any month, also provide:

a. The hazardous constituents contained in the wastes;

b. An estimate of the mass and concentration of hazardous constituents in the wastestream discharged during that calendar month; and

c. An estimate of the mass of constituents in the wastestream expected to be discharged during the following twelve months.

4. This notice shall be repeated for new or increased discharges of substances subject to this reporting requirement.

5. All notifications must take place prior to discharging a substance for which these reporting requirements apply. If this is not possible, the notice must be provided as soon after discharge as practical and describe why prior notice was not possible.

6. Users must provide notifications under this paragraph only once to EPA and the State for each hazardous waste discharged. However, all of the information of these notices shall be repeated in each new permit application submitted under this chapter.

7. This requirement does not relieve the user from requirements to provide other notifications, such as of changed conditions under Section 13.15.630, or applicable permit conditions, permit application requirements, and prohibitions.

8. The notification requirements in this section do not apply to pollutants for which routine monitoring and reporting is required in a permit under this chapter.

B. Users must report all discharges of more than thirty-three pounds per month of substances which, if otherwise disposed of, would be hazardous wastes. Users must also report any discharge of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Subsequent months during which the user discharges more of a hazardous waste for which notice has already been provided do not require another notification to EPA or the State, but must be reported to the Administrator.

C. If new regulations under RCRA describe additional hazardous characteristics or substances as a hazardous waste, the user must provide notifications under subsection (A) of this section, if required by subsection (B) of this section within ninety days of the effective date of such regulations.

D. For any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical and shall describe that program and reductions obtained through its implementation.

E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued hereunder, or any applicable Federal or State law. (Ord 12-302 §2 (Ex A))

13.15.660 Analytical requirements.

All pollutant sampling and analyses required under this chapter shall conform to the most current version of 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for a pollutant, or the Administrator determines that the Part 136 sampling and analytical techniques are inconsistent with the goal of the sampling, the Administrator may specify an analytical method. If neither case applies, users shall use validated analytical methods or applicable sampling and analytical procedures approved by EPA. (Ord 12-302 §2 (Ex A))

13.15.665 Sample collection.

Users must ensure all samples they collect to satisfy sampling requirements under this chapter are representative of the range of conditions occurring during the reporting period. Users must also ensure that, when specified, samples are collected during the specific period.

A. Users must use properly cleaned sample containers appropriate for the sample analysis and sample collection and preservation protocols specified in 40 CFR Part 136 and appropriate EPA guidance.

B. Users must obtain samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds using grab collection techniques.

C. For certain pollutants, users may composite multiple grab samples taken over a 24-hour period. Users may composite grab samples for cyanide, total phenols, and sulfides either in the laboratory or in the field, and may composite grab samples for volatile organics and oil and grease in the laboratory prior to analysis.

D. For all other pollutants, users must employ 24-hour flow-proportional composite samplers unless the Administrator authorizes or requires an alternative sample collection method.

E. The Administrator may authorize composite samples for parameters unaffected by the compositing procedures, as appropriate.

F. The Administrator may require grab samples either in lieu of or in addition to composite sampling to show compliance with instantaneous discharge limits.

G. In all cases, users must take care to ensure the samples are representative of their wastewater discharges.

H. Users sampling to complete baseline monitoring and 90-day compliance reports required by Sections 13.15.610 and 13.15.620 must satisfy some specific requirements. These reports require at least four grab samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. Users may composite samples prior to analysis if allowed in subsection (C) of this section. Where historical sampling data exists, the Administrator may also authorize fewer samples.

I. For periodic monitoring reports (Section 13.15.625), the Administrator may specify the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. (Ord 12-302 §2 (Ex A))

13.15.670 Date of receipt of reports.

The Administrator will credit written reports as having been submitted on the date of the postmark when mailed through the United States Postal Service. Reports delivered in any other manner will be credited as having been submitted on the business day received. (Ord 12-302 §2 (Ex A))

13.15.675 Record keeping.

Users subject to reporting requirements of this chapter shall retain the below records for all monitoring required by this chapter and for any additional monitoring which could be used to satisfy minimum monitoring requirements. Users must make these records available for inspection and copying at the location of the discharge. Users must similarly maintain documentation associated with any BMPs required under authority of Section 13.15.225(E). Monitoring records shall include at least:

A. The time, date, and place of sampling;

B. The sampling and preservation methods used;

C. The person taking the sample, and persons with control of the sample prior to analysis;

D. The person performing the analyses and the date the analysis was completed;

E. The analytical techniques or methods used; and

F. The results of analysis.

Users are encouraged to retain quality control and quality assurance information provided by the laboratory and submit this information in routine reporting. This information also has value in the event that the sample data is called into question. For analytes for which Washington State requires use of a certified/accredited laboratory, users must maintain the scope of accreditation for laboratories performing any analyses for them.

Users shall maintain the above records for at least three years, or until one year beyond the time that any litigation or enforcement action concerning the user is complete, whichever is longer. Users shall maintain records for longer periods when the user has been specifically notified of a longer retention period by the Administrator. (Ord 12-302 §2 (Ex A))

13.15.680 Certification statements.

A. The following certification statement must be signed by an authorized representative as defined by Section 13.15.125 and included when submitting:

1. A permit (re)application in accordance with Section 13.15.440;

2. A baseline monitoring report under Section 13.15.610(C)(5);

3. A report on compliance with the categorical pretreatment standard deadlines under Section 13.15.620;

4. A periodic compliance report required by Section 13.15.625(A) through (D); or

5. An initial request to forgo sampling of a pollutant based on Section 13.15.625(B)(4).

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.

B. Annual Certification for NSCIUs. A facility determined to be an NSCIU by the Administrator pursuant to subsection (C) of the definition of "significant industrial user (SIU)" in Section 13.15.125 and Section 13.15.440(C) must complete the below statement and submit it to the Administrator annually. The statement must be signed by an authorized representative (Section 13.15.125).

C. Certification of Pollutants Not Present. Users that have an approved monitoring waiver based on Section 13.15.625(B) must also include the above certification statement in each report. This statement certifies that there has been no increase in the pollutant in its wastestream due to activities of the user. (Ord 12-302 §2 (Ex A))

VII. Miscellaneous Provisions

13.15.710 Confidential information.

Generally, information submitted to demonstrate compliance with pretreatment standards and requirements will be freely available to the public. Users may have certain information, however, withheld as confidential if the following process is followed.

A. When a user submits information to the Administrator, or provides information to inspectors, users may request that specific information be maintained as confidential. Users must promptly identify the specific information in writing, and describe why the release would divulge information, processes, or methods of production entitled to protection as trade secrets or confidential business information under applicable State or Federal laws.

B. The Administrator shall review and approve or deny such requests. When approved, the information shall not be available as public records and shall be marked Confidential, unless required by State or Federal law.

C. All other information submitted to the Administrator and obtained from the Administrator’s oversight shall be available to the public subject to the City records review policy.

D. Information held as confidential may not be withheld from governmental agencies for uses related to the NPDES program or pretreatment program, or in enforcement proceedings involving the person furnishing the report.

E. Federal rules prevent wastewater constituents and characteristics and other effluent data, as defined by 40 CFR 2.302, from being recognized as confidential information. (Ord 12-302 §2 (Ex A))

13.15.720 Publication of users of significant noncompliance.

A. Publication. The Administrator shall annually publish a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The list will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW.

B. Definition. For purpose of this section, the term "significant noncompliance" means:

1. Any violation of a pretreatment standard or requirement, including numerical limits, narrative standards, and prohibitions, that the Administrator determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public.

2. Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Administrator’s exercise of its emergency authority to halt or prevent such a discharge.

3. Any violation(s), including of BMPs, which the Administrator determines will adversely affect the operation or implementation of the local pretreatment program.

4. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a rolling six-month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits of Sections 13.15.210 through 13.15.240, inclusive.

5. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a rolling six-month period equal or exceed the product of the numeric pretreatment standard or requirement (including instantaneous limits, as defined by Sections 13.15.210 through 13.15.240, inclusive), multiplied by the applicable criteria. Applicable criteria are 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH.

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

7. Failure to provide any required report within forty-five (45) calendar days after the due date. This includes initial and periodic monitoring reports, and reports on initial compliance and on meeting compliance schedules.

8. Failure to accurately report noncompliance.

C. Applicability. The criteria in subsections (B)(1) through (3) of this section are applicable to all users, whereas the criteria in subsections (B)(4) through (8) of this section are only applicable to SIUs. (Ord 12-302 §2 (Ex A))

13.15.730 Pretreatment charges and fees.

The City may adopt reasonable fees for reimbursement of costs of establishing and operating the City’s pretreatment program which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;

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

D. Fees for filing appeals;

E. Fees to recover administrative and legal costs associated with the enforcement activity taken by the Administrator to address user noncompliance; and

F. Other fees as the City may deem necessary to carry out the requirements contained in this chapter. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the City. (Ord 12-302 §2 (Ex A))

13.15.740 Severability.

If any provision of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord 12-302 §2 (Ex A))