Chapter 13.48
PUBLIC SEWER USE REGULATIONS
Sections:
13.48.005 Construction – Purpose.
13.48.020 Intent and administration.
13.48.030 Stormwater and unpolluted drainage.
13.48.040 Prohibitions and limitations.
13.48.050 Preliminary treatment facilities.
13.48.060 Industrial pretreatment requirements.
13.48.070 Preliminary treatment facilities.
13.48.080 Fats, oils, and grease (FOG) control facilities.
13.48.090 Authority to inspect.
13.48.100 Compliance standards.
13.48.120 Violation – Unauthorized tampering – Penalty.
13.48.130 Violation – Notification.
13.48.140 Violation – Continuation – Penalty.
13.48.150 Violation – Liability.
13.48.160 Noncompliance – Nuisance.
13.48.170 Criminal prosecution.
13.48.005 Construction – Purpose.
A. This chapter is enacted as an exercise of the city of Sequim’s police power to protect and preserve the public health, safety and welfare; its provisions will be liberally construed to give full effect to the objectives and purposes for which it was enacted.
B. It is the express purpose of this code to provide for and to promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited.
C. It is the specific intent of this code to place compliance obligations upon the nondomestic customer. Nothing contained in this code is intended to be or will be construed to create or form the basis for liability on the part of the city of Sequim, its utility, officers, employees or agents for any injury or damage resulting from the failure of the nondomestic customer of any private system to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Sequim, its utility, officers, employees or agents.
D. The provisions of this chapter and regulations referenced under this chapter do not necessarily mitigate all impacts to the environment, and additional mitigation may be required to protect the environment. (Ord. 2017-023 § 1 (Exh. A))
13.48.010 Definitions.
The definitions included in Chapter 173-216
WAC, as now enacted and as amended, are adopted and incorporated into this chapter by this reference. In addition, the following definitions are provided to supplement those in Chapter 173-216 WAC:
A
“AKART” means all known, available, and reasonable methods of prevention, control, and treatment. AKART represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. AKART applies to all industrial and commercial users of the water reclamation facility. Best management practices are a subset of the AKART requirement.
“Applicable pretreatment standards” means, for any specified pollutant, Sequim prohibitive standards, Sequim specific pretreatment standard (local limits), state of Washington pretreatment standards, or EPA’s categorical pretreatment standards, whichever standard is appropriate and most stringent.
B
“Best management practices (BMPs)” means activities, prohibitions of practices, maintenance procedures, and other management practices published by federal, state or local authorities to prevent or reduce the pollution of “waters of the United States.” BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter amenable to measurement by the methods described in Standard Methods for the Examination of Water and Wastewater, latest edition, under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/L)).
C
“Categorical pretreatment standard” or “categorical standard” means any regulation containing pollutant discharge limits promulgated by the U.S. Environmental Protection Agency (EPA) in accordance with Sections 307(b) and (c) of the Act (33 USC 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471.
N
“Nondomestic customer” means the property owner or the user of the city’s water reclamation facility (WRF), as determined by context, whose activities conducted on the property are a source of indirect discharge. “Nondomestic customer” excludes any person who contributes, causes, or allows the contribution of wastewater into the city water reclamation facility that is of a similar volume and/or chemical make-up as that of a residential dwelling unit. Discharges from a residential dwelling unit typically include up to 140 gallons per capita per day and up to 300 mg/L of BOD or TSS.
S
“Significant industrial user (SIU)” means:
1. A user subject to categorical pretreatment standards; or
2. A user who:
a. Discharges an average daily flow of 25,000 gpd or more of process wastewater to the WRF (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); or
b. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW; or
c. Is designated as such by the city or Ecology on the basis that it has a reasonable potential for adversely affecting the WRF’s operation or for violating any pretreatment standard or requirement.
T
“Total suspended solids” 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 and is able to be measured by the methods described in the current edition of Standard Methods for the Examination of Water and Wastewater.
W
“Water reclamation facility (WRF)” means that portion of the city’s sanitary sewer system designed to provide treatment of municipal sewage and industrial waste and generate water suitable for reuse or discharge to the environment. For purposes of this chapter, the definition of “water reclamation facility” also includes the city’s sanitary sewer system. (Ord. 2017-023 § 1 (Exh. A))
13.48.020 Intent and administration.
A. Intent. The intent of this chapter is to set forth uniform requirements for nondomestic customers of the city water reclamation facility. It enables the city to comply with Washington State and federal laws that apply to water reclamation facilities with SIUs, but without a discharge permit program. All actions required or authorities granted under this chapter are in accordance with the Clean Water Act (33 USC 1251 et seq.), the Federal Pretreatment Regulations (40 CFR Part 403), and Chapter 90.48 RCW, Water Pollution Control. This chapter applies to all nondomestic customers of the water reclamation facility. This chapter:
1. Defines certain prohibited discharges;
2. Sets forth local limits that apply to nondomestic customers and are for use by state agencies in the issuance of state wastewater discharge permits;
3. Authorizes monitoring, compliance, and enforcement activities;
4. Establishes administrative review procedures; requires nondomestic customer reporting; and
5. Provides for the recovery of liquidated damages and collection of penalties.
B. Administration. The public works director will administer, implement, and enforce the provisions of this chapter, except as provided herein. Any powers granted to or duties imposed upon the public works director may be delegated by the public works director to other city personnel. (Ord. 2017-023 § 1 (Exh. A))
13.48.030 Stormwater and unpolluted drainage.
A. Stormwater and all other unpolluted drainage must be discharged to such sewers that are specifically designated as storm sewers, or to a natural outlet approved by the public works director or his or her designee. Stormwater and other unpolluted drainage are prohibited from entering sanitary sewers.
B. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer or natural outlet with prior written approval of the public works director or his or her designee.
C. If a private side sewer has ground water infiltrating into it due to a broken pipe or joint, the property owner will be notified and must apply for a permit and make the necessary repairs in a timely manner as set forth in Chapters 13.56 and 13.60 SMC. (Ord. 2017-023 § 1 (Exh. A))
13.48.040 Prohibitions and limitations.
A. General Prohibitions. No nondomestic customer may introduce or cause to be introduced any pollutant or wastewater that causes pass through or interference with the water reclamation facility. These general prohibitions apply to all water reclamation facility nondomestic customers regardless of whether they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements (40 CFR 403.5(a) and WAC 173-216-060(2)(b)(i)).
B. Specific Prohibitions. No nondomestic customer may introduce or cause to be introduced into the water reclamation facility the following pollutants in any form (solid, liquid, or gaseous):
1. Any pollutant that alone or by interaction may create a fire or explosive hazard in the water reclamation facility, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test methods specified in 40 CFR 261.21 (40 CFR 403.5(b)(1)), or are capable of creating a public nuisance (WAC 173-216-060(2)(b)(ii)). This includes waste streams sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. At no time may a waste stream cause two successive readings on an explosion meter that exceed five percent, nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter at any point in the collection system or treatment works.
2. Any pollutant that will cause corrosive structural damage to the water reclamation facility, but in no case discharges with a pH less than 5.5 or more than 11.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the water reclamation facility, unless the system is specifically designed to accommodate such discharge and the discharge is authorized by an applicable state wastewater discharge permit (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv)).
3. Any solid or viscous substances including fats, oils, and greases in amounts that may cause obstruction to the flow in a water reclamation facility or other interference with the operation of the water reclamation facility (40 CFR 403.5(b)(3) and WAC 173-216-060(2)(b)(iii)).
4. Any discharge of pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, is sufficient to cause interference with the water reclamation facility (40 CFR 403.5(b)(4) and WAC 173-216-060(2)(b)(vi)).
5. Any waste stream having a temperature that will inhibit biological activity in the treatment plant resulting in interference, or cause worker health or safety problems in the collection system. In no case will wastewater be discharged at a temperature which causes the temperature of the influent to the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius) unless the system is specifically designed to accommodate such a discharge, and the discharge is authorized by an applicable state wastewater discharge permit (40 CFR 403.5(b)(5) and WAC 173-216-060(2)(b)(v)).
6. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through (40 CFR 403.5(b)(6) and WAC 173-216-060(2)(b)(i)).
7. Any pollutants that result in the presence of toxic gases, vapors, or fumes within any portion of the water reclamation facility/sanitary sewer system in a quantity that may cause acute worker health and safety problems (40 CFR 403.5(b)(7) and WAC 173-216-060(b)(ii)).
8. Any trucked or hauled wastes, except at discharge points designated by the city and in compliance with all applicable city requirements and during specified hours (40 CFR 403.5(b)(8)).
9. Any noxious or malodorous liquids, gases, solids, or other wastewater that, singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair (WAC 173-216-060(2)(b)(ii)).
10. Any of the following discharges unless approved by Ecology and the city under extraordinary circumstances such as the lack of direct discharge alternatives due to combined sewer service or need to augment sewage flows due to septic conditions (WAC 173-216-060(2)(b)(vii)):
a. Noncontact cooling water in significant volumes;
b. Stormwater; or
c. Wastewaters significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by water reclamation facility.
11. Any dangerous or hazardous wastes as defined in Chapter 173-303 WAC, as amended, except as allowed in compliance with that regulation (WAC 173-216-060(1) and 40 CFR Part 261).
12. Any substance that will cause the water reclamation facility to violate its NPDES or other disposal or reuse system permits, or causing, alone or in conjunction with other sources, the water reclamation facility’s effluent to fail a toxicity test or any other required test.
13. Any substance that may cause the water reclamation facility’s effluent, reclaimed water, or treatment residues, biosolids, grit, screenings or scums to be unsuitable for reclamation, reuse and normal disposal or would interfere with the reclamation process or cause the water reclamation facility to be in noncompliance with biosolids beneficial use or disposal criteria, guidelines, or regulations developed pursuant to the federal, state, or local statutes or regulations applicable to the biosolids management method being used.
14. Any discharge that imparts color which cannot be removed by the water reclamation facility’s treatment process such as may be imparted by some dye wastes and vegetable tanning solutions, pond water, stormwater, wineries, distilleries, or breweries.
15. Any discharge containing radioactive wastes or isotopes except as specifically approved by the public works director in compliance with applicable state or federal regulations including WAC 246-221-190, Disposal by Release into Sanitary Sewerage Systems; and meeting the concentration limits of WAC 246-221-290, Appendix A, Table I, Column 2; and WAC 246-221-300, Appendix B.
16. Any sludges, solids, screenings, or other residues from the pretreatment of industrial wastes or from industrial processes.
17. Any biomedical wastes as defined in RCW 70.95K.010(1).
18. Any detergents, surface-active agents, phosphates, or other substances in amounts which may cause excessive foaming in the water reclamation facility.
19. Any incompatible substance such as: grease, animal – including human – guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, kitty litter, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, or any other organic or inorganic matter greater than one-half inch in any dimension.
20. Any pesticides and/or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA).
21. Any wastewater that, in the opinion of the public works director, can cause harm to the sewers, sewage treatment process, or equipment; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property, or constitute a nuisance, unless allowed under a legal and binding agreement by the public works director; however, no waiver may be given to any categorical pretreatment standard.
22. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit.
23. Any garbage.
24. Any waters or wastes having a BOD or containing suspended solids of such character and quality that unusual attention or expense is required to handle such materials at the water reclamation facility.
25. Any waters or wastes which contain in excess of 100 milligrams per liter of fat waste, oil, or grease, whether or not emulsified, ether-soluble matter or any substance which may solidify or become viscous at temperatures above 32 degrees Fahrenheit.
26. Wastes containing metals or substances with concentrations or mass totals greater than those listed in SMC 13.48.060, Industrial pretreatment requirements.
C. Pollutants, substances, or wastewater prohibited by this section must not be processed or stored in such a manner that they could be discharged to the water reclamation facility. (Ord. 2017-023 § 1 (Exh. A))
13.48.050 Preliminary treatment facilities.
Pretreatment facilities are required as follows:
A. Any waters or wastes entering the public sanitary sewer system meeting any of the following criteria:
1. A five-day BOD greater than 350 parts per million by weight; or
2. Containing more than 350 parts per million by weight of suspended solids; or
3. Containing any quantity of substances having the characteristics described in SMC 13.48.040; or
4. An average daily flow greater than two percent of the city’s average daily sewage flow is subject to the review and approval of the public works director or his or her designee.
B. Where necessary in the opinion of the public works director or his or her designee, the nondomestic customer must provide, at nondomestic customer’s sole expense, such preliminary treatment as may be necessary to:
1. Reduce the BOD to 350 parts per million and the suspended solids to 350 parts per million by weight; or
2. Reduce objectionable characteristics or constituents to within the maximum limits provided for in SMC 13.48.040; or
3. Control the quantities and rates of discharge of such waters or wastes or any two or all three of the above.
C. Plans and specifications for proposed preliminary treatment facilities must be submitted by the nondomestic customer to the public works director or his or her designee and the Washington State Department of Ecology for approval. No construction of such facilities will be started until these approvals are obtained in writing and the necessary permits are issued through the city of Sequim. Facilities must be designed by a professional engineer registered in the appropriate discipline by Washington State and his/her stamp and signature must appear on the plans and specifications.
D. Nondomestic customers must procure and properly install, operate, and maintain the wastewater facilities which, combined with appropriate practices, are necessary to achieve AKART. Such pretreatment facilities must be designed to achieve compliance with all applicable pretreatment standards and requirements within the time limitations specified by the EPA or Washington State, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures must be submitted to the city and to Ecology for review and approval in accordance with the procedures of Chapter 173-240 WAC and must be provided to the city before construction of the facility. Any review of such plans and operating procedures does not relieve the nondomestic customer from the responsibility to modify its facility as necessary to produce a discharge acceptable to the city and/or Ecology and to meet discharge limitations under the provisions of this chapter. Such facilities will be provided, operated, and maintained at the nondomestic customer’s expense.
E. Nondomestic customers must comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and must modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. Nondomestic customers must submit proposals to modify pretreatment facilities to Ecology before implementation in accordance with Chapter 173-240 WAC. Nondomestic customers must submit a copy of such revised plans and Ecology’s acceptance to the public works director before implementing changes to approved pretreatment facilities. The public works director may audit the compliance of any nondomestic customer, and require changes in operating procedures the public works director deems necessary to ensure continued compliance with applicable pretreatment standards and requirements. (Ord. 2017-023 § 1 (Exh. A))
13.48.060 Industrial pretreatment requirements.
A. Federal Categorical Pretreatment Standards. National categorical pretreatment standards as adopted and as amended by the EPA must be met by all nondomestic customers in the regulated industrial categories. These standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, as currently enacted and as amended, are incorporated by this reference.
B. State Requirements.
1. State requirements and limitations on discharges to the water reclamation facility under Chapter 90.48 RCW and Chapters 173-201A, 173-216 and 173-240 WAC, as enacted and amended, must be met by all nondomestic customers subject to such standards. If any requirements or limitations under federal law or this chapter are less stringent, the requirements and limitations under the RCW and WAC control. This includes the requirement to meet AKART as whenever applicable and more stringent than the limits of subsection C of this section, Local Limits, and to comply with the requirements of subsection K of this section, Wastewater Discharge Permitting – Requirements for Discharge.
2. Any nondomestic customer determined by the city to qualify as an SIU must file an application for a state waste discharge permit with Ecology in accordance with the requirements of WAC 173-216-070, as enacted or amended. Proof of acceptance of the application and payment of permit fees must be kept at the nondomestic customer’s facilities and produced upon the city’s request. Failure to submit the application to Ecology or rejection of the application by Ecology may be considered sufficient grounds to terminate or refuse to provide sewer service.
C. Local Limits.
1. The following pollutant limits are established to protect against pass through and interference. No person may discharge wastewater containing in excess of the following daily maximum allowable discharge concentration limits (maximum average concentration in a calendar day). These limits apply to the total in all states and forms.
|
Pollutant |
Limit |
|---|---|
|
Arsenic (As) |
0.18 mg/L |
|
Cadmium (Cd) |
0.12 mg/L |
|
Chromium (Cr) |
2.50 mg/L |
|
Copper (Cu) |
1.00 mg/L |
|
Cyanide (CN-) |
1.00 mg/L |
|
Lead (Pb) |
0.30 mg/L |
|
Mercury (Hg) |
0.05 mg/L |
|
Molybdenum |
0.18 mg/L |
|
Nickel (Ni) |
0.93 mg/L |
|
Selenium (Se) |
0.42 mg/L |
|
Silver (Ag) |
0.40 mg/L |
|
Zinc (Zn) |
2.50 mg/L |
|
Polar FOG |
100 mg/L |
|
Nonpolar FOG |
100 mg/L |
2. The above limits apply at the point where the wastewater is discharged to the city-owned sewer system or sewer collection system (end of the pipe). All concentrations for metals are for “total” metal unless indicated otherwise. Ecology may impose mass limitations in addition to or in place of the concentration-based limitations above. Where a nondomestic customer is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard applies.
3. The pollutant limits immediately apply to all nondomestic customers discharging wastewater to the water reclamation facility with the following exceptions:
a. Nondomestic customers discharging under permit prior to the implementation of this chapter are allowed a period up to two years to achieve compliance with the conditions of this chapter under the following conditions:
i. The nondomestic customer submits a schedule of compliance to the public works director and Ecology that will achieve compliance with this chapter within two years of the effective date of the ordinance codified in this chapter.
ii. The city determines it is in the best interest of the community to authorize the discharge, and the discharge will not adversely impact the water reclamation facility, cause a violation of the city’s NPDES permit, or any other federal, state, or local regulation.
iii. The nondomestic customer is currently providing AKART as determined by Ecology, or the schedule of compliance achieves AKART in the shortest reasonable length of time as an interim step in achieving full compliance.
iv. The city and Ecology approve the compliance schedule in writing.
b. Nondomestic customers that are determined by Ecology to have no potential, alone or in conjunction with other nondomestic customers, to violate any prohibited discharge standard (see SMC 13.48.040, Prohibitions and limitations) may be exempt from compliance with specific pollutant concentration limits. Such determinations must be provided in writing to the public works director. In such cases, these nondomestic customers will be subject only to implementing the more stringent of best management practices established by Ecology or the city. Such nondomestic customers cannot be SIUs or subject to categorical pretreatment standards or requirements. In such cases, the nondomestic customer must be designated as an insignificant industrial user (IIU) by Ecology and must be listed as such in the city’s annual industrial user (IU) survey update.
These exceptions are immediately void if (a) the discharge causes a violation of the city’s NPDES permit, or any other federal, state, or local regulation, (b) compliance with any compliance schedule milestone is not achieved within 30 calendar days of the established date, or (c) any compliance schedule extends beyond two years from the effective date of the ordinance codified in this chapter. In such cases, the nondomestic customer is immediately responsible for compliance with the local limits in subsections (C)(1) and (C)(3) of this section.
D. City’s Right of Revision.
1. The city reserves the right to establish more stringent standards or requirements on discharges to the water reclamation facility.
2. The city may investigate any occurrence of pass through or interference of which it is made aware. Where pass through or interference has been caused because local limits do not exist for the pollutant, or where the existing limit is not sufficient to protect the water reclamation facility, the city will amend the local limits to establish an appropriately restrictive limit and take such other measures, within its control and power, that are necessary to prevent recurrences.
E. Dilution. No nondomestic customer may ever increase the use of water, combine separate waste streams, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The public works director may request that Ecology impose mass limitations on nondomestic customers which he/she believes may be using dilution to meet applicable pretreatment standards or requirements or in other cases when the imposition of mass limitations is appropriate.
F. Deadline for Compliance with Applicable Pretreatment Requirements.
1. Except for existing nondomestic customers who have been granted temporary relief from local limits in accordance with subsection C of this section (Local Limits), existing sources to which one or more categorical pretreatment standards are applicable must comply with all applicable standards within two years of the effective date of the standard unless the pretreatment standard includes a more stringent compliance schedule. If local limits are more restrictive than the EPA’s categorical pretreatment standards, Ecology must establish a final compliance deadline date for any existing nondomestic customer (as defined herein) or any categorical user.
2. New sources and new nondomestic customers as defined herein must comply with applicable pretreatment standards before beginning discharge. Prior to beginning discharge, such nondomestic customers must have all pollution control equipment required to meet applicable pretreatment standards installed and in proper operation.
G. Additional Pretreatment Measures.
1. Whenever deemed necessary, the public works director may require nondomestic customers to comply with such conditions as may be necessary to protect the water reclamation facility and determine the nondomestic customer’s compliance with this chapter. Such measures may include: restricting a discharge during peak flow periods; designating that certain wastewater be discharged only into specific sewers; requiring relocation and/or consolidation of discharge points; and/or separating sewage waste streams from industrial waste streams.
2. Pretreatment devices may also be required pursuant to this section and SMC 13.48.070.
3. Nondomestic customers with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
4. The public works director may require a nondomestic customer discharging more than 10,000 gallons per day or 10 percent of the average daily flow in the water reclamation facility, whichever is less, to install and maintain, on its property and at its expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. The facility must have a capacity for at least 50 percent of the daily wastewater discharge volume and be equipped with alarms and a rate of discharge controller. The public works director will direct the control of discharges. The city may require the nondomestic customer to obtain a state wastewater discharge permit solely for flow equalization or to develop a slug discharge control plan (below) approved by Ecology.
H. Accidental Spill/Slug Discharge Control Plans.
1. The public works director may require any nondomestic customer to install, properly operate, and maintain, at nondomestic customer’s own expense, facilities to prevent slug loads or accidental discharges of pollutants to the water reclamation facility. The public works director may require nondomestic customers to produce and/or implement spill plans developed in compliance with applicable OSHA, health, fire, and Ecology regulations applicable to discharges to the water reclamation facility and approved by Ecology. Such plans must be provided to the public works director within 10 calendar days following Ecology’s approval, or upon request, whichever is first.
2. Nondomestic customers must verbally notify the public works director immediately upon the occurrence of a slug load or accidental discharge of substances regulated by this chapter and take immediate actions to correct the situation. Such notification must include, at a minimum, the following information:
a. The location of discharge;
b. The date and time thereof;
c. The type of waste;
d. The waste concentration and volume; and
e. The corrective actions taken and planned. The nondomestic customer must follow up with a written notification to the public works director and Ecology containing the same information within seven calendar days following the discharge.
3. Any nondomestic customer who discharges an accidental discharge or slug load is liable for:
a. Recovery of any resultant expenses, losses, and damages to the water reclamation facility, including any violations of the city’s NPDES permit and any third-party claims against the city or any of its agents;
b. Recovery of any fines or settlements levied upon the city by any government agency or court of competent jurisdiction attributable to the discharge; and
c. Applicable fines and penalties assessed upon the nondomestic customer by the city for noncompliance with this chapter.
I. Septage and Liquid Hauled Wastes.
1. No septage and liquid hauled wastes may be introduced into the water reclamation facility without a valid contract with the city approving such activities. At a minimum, all new or amended contracts must include the following:
a. Maximum term limit of 10 years;
b. Parties must review the terms of the contract every five years or whenever the city is required to update its NPDES permit, whichever occurs first;
c. Nondomestic customers must only discharge at the time, dates, location, and conditions as provided in the contract;
d. Any payment for fees or charges imposed must consider and reflect the risk to the city and the water reclamation facility;
e. Nondomestic customer must provide full documentation of the wastes discharged under the contract upon the public works director’s request;
f. Full description of the amounts, types, and concentrations of the septage and liquid hauled wastes;
g. Discharges must not violate any discharge prohibition, standard or requirement in this chapter, or cause, alone or in conjunction with other discharges, the city to violate its reuse, NPDES permit, or any other applicable discharge; and
h. City may immediately terminate or suspend the contract if the septage or hauled waste is suspected of causing deleterious impacts to the sewer system, workers or water reclamation facility.
J. Requirements to Complete Industrial User Surveys. The public works director will periodically notify new, existing, and potential nondomestic customers of the requirement to complete an industrial user survey form. Upon notification, nondomestic customers must fully and accurately complete the survey form and return the completed form to the public works director within 30 calendar days of receipt. Each nondomestic customer must maintain a copy of the latest completed survey form at their place of business. Failure to fully or accurately complete a survey form or to maintain the latest survey form on the premises where a wastewater discharge is occurring will be a violation of this chapter.
K. Wastewater Discharge Permitting – Requirements for Discharge.
1. No SIU may discharge wastewater to the water reclamation facility without first obtaining a written statement from the public works director that the water reclamation facility has the hydraulic and/or loading capacity to accept the discharge. Each SIU must also comply with the state requirements listed in subsection B of this section, State Requirements, and in particular apply for and receive a state wastewater discharge permit from Ecology authorizing the discharge. The public works director may require proof of application as a condition of new or continued discharge. Obtaining a state wastewater discharge permit does not relieve an SIU of the obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local regulation including the requirement for applying AKART.
2. The public works director may require other nondomestic customers, including liquid waste haulers, to apply for, and obtain, applicable state wastewater discharge permits as necessary to carry out the purposes of this chapter.
3. The public works director may also establish and require, in writing, nondomestic customers to implement those best management practices determined by Ecology to be representative of AKART or to discontinue use of any substance for which an effective substitute is available that will:
a. Lessen the potential for violating this chapter or any water quality standard; or
b. May represent a significant decrease either singly, or in combination with other similar nondomestic customers, in the toxicity of pollutant loadings to the water reclamation facility.
4. The city may require nondomestic customers seeking authorization to discharge to the water reclamation facility to complete a pollution prevention review before submitting their request to discharge to the public works director. The city may also require nondomestic customers who must submit a pollution prevention plan under the State’s Hazardous Waste Reduction Act to provide this plan to the public works director as a condition of initial or continued discharge.
5. Whenever a moratorium has been imposed upon the water reclamation facility preventing the addition of new nondomestic customers, the public works director may require any or all nondomestic customers of the water reclamation facility to develop plans to reduce their discharges through water reuse, recycling, reclamation, or other applicable management practices, and to implement such plans or other measures deemed appropriate by the public works director to preserve the availability of public sewage treatment services.
L. Permit Requirements for Dangerous Waste Constituents. Nondomestic customers discharging a waste stream containing dangerous wastes as defined in Chapter 173-303 WAC, as amended, (listed, characteristic, or criteria wastes) are required to obtain specific authorization to discharge the waste in a state waste discharge permit issued by Ecology.
M. Disclosure of Records. Each nondomestic customer must have available, at the location of discharge, all records and reports required by this chapter, any applicable state and federal regulation, or any permit or order issued thereunder. Each nondomestic customer must make such records available for review by the public works director during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of this chapter.
N. Reports from Unpermitted Nondomestic Customers. All nondomestic customers not obligated to obtain a state wastewater discharge permit from Ecology must provide appropriate reports to the city as the public works director may require. The public works director will determine the schedule and format of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported.
O. Record Keeping.
1. Nondomestic customers subject to this chapter must retain and make readily available for inspection and copying all records of information maintained to comply with this chapter, a state waste discharge permit, or approved operations and maintenance procedures (inspections, lubrication, repair, etc.). Nondomestic customers subject to monitoring requirements must keep records of all required and voluntary monitoring activities.
2. Monitoring records must include: the date, exact place, method, and time of sampling; the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.
3. These records must remain available for a period of at least three years. This period will be automatically extended for the duration of any litigation concerning the nondomestic customer or water reclamation facility, or where the public works director has specifically notified the nondomestic customer in writing that a longer retention period is required.
P. Sampling Requirements for Nondomestic Customers. All nondomestic customers must abide by the sampling, monitoring, and analytical requirements of any applicable order, and any state or federal regulation or permit, including a state waste discharge or NPDES permit. The public works director may require proof of compliance with Ecology’s sampling and monitoring requirements, and the nondomestic customer must provide such proof upon request. Reports containing incomplete information are not compliant with this chapter.
Q. Upset.
1. Nondomestic customers must control production and all discharges to the extent necessary to maintain compliance with applicable pretreatment standards and requirements upon reduction, loss, or failure of its wastewater treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
2. A nondomestic customer who wishes to establish the affirmative defense of upset to an enforcement action brought for noncompliance with applicable pretreatment standards must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, that:
a. An upset occurred; the nondomestic customer can identify the cause(s) of the upset; and it was not due to improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation;
b. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
c. The nondomestic customer has submitted the following information to Ecology and the public works director within 24 hours of becoming aware of the upset. If this information is provided orally, the nondomestic customer must submit written reports within five calendar days containing this same information:
i. A description of the indirect discharge and cause of noncompliance;
ii. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
3. Nondomestic customers will only have the opportunity for a judicial determination on a claim of upset in an enforcement action brought for noncompliance with applicable pretreatment standards. In any such enforcement proceeding, the party seeking to establish the occurrence of an upset has the burden of proof. (Ord. 2017-023 § 1 (Exh. A))
13.48.070 Preliminary treatment facilities.
A. Grease, oil, and sand interceptors must be provided when, in the opinion of the public works director, they are necessary for the proper handling of wastewater containing grease and oil in excess of the limits in SMC 13.48.060(C), Local Limits, or excessive amounts of sand or other settleable solids. In general, oil water separators will be required to connect to the storm sewer system rather than the sanitary sewer, unless written approval is provided by the public works director. Interceptors are only required for nondomestic customers as defined in this chapter. All interceptors must be of a type and capacity as required under the Uniform Plumbing Code adopted by the city and approved by the public works director and must be located in places easily accessible for cleaning and inspection. Each nondomestic customer must maintain, inspect, and clean required interceptors on a schedule that ensures the interceptors will capture the intended pollutants and prevents reintroduction into the storm or sanitary sewer systems. Nondomestic customers bear all expenses related to installation, maintenance, inspections, and repair of interceptors, and the proper disposal of removed materials.
B. Reports and/or maintenance logs must document the date of service, volume pumped, name of the licensed disposal company (or employee completing the work), waste disposal location for each pretreatment device and other information on the form provided by the city. Maintenance records must be kept a minimum of three years at the location of the device and provided to the city upon request. (Ord. 2017-023 § 1 (Exh. A))
13.48.080 Fats, oils, and grease (FOG) control facilities.
A. New Facilities. Grease interceptors designed to meet Uniform Plumbing Code requirements must be installed for all commercial and/or industrial facilities involving food preparation or that will discharge liquid waste as defined in SMC 13.48.040, Prohibitions and limitations.
B. Existing Facilities with Pretreatment Devices. On or after July 1, 2018, all existing commercial and/or industrial establishments involving food preparation or that discharge liquid waste containing polar and nonpolar grease, or any other wastes or ingredients as defined in SMC 13.48.040, are allowed to operate and maintain existing equipment if the equipment is able to maintain discharges of less than 100 ppm FOG. Any commercial and/or industrial facilities that are known to cause grease-related cleaning activities in the sanitary sewer, a grease-related sanitary sewer overflow, or fail to implement and enforce BMPs will be required to install a properly sized and functioning grease interceptor within 90 calendar days from written notification by the city. Any facilities that have existing grease traps that were not previously approved and are known to cause grease-related cleaning activities in the sanitary sewer or lateral must replace the grease trap with a grease interceptor.
C. Existing Facilities without Grease Removal. Any commercial establishment involving food preparation or that discharges any waste as defined in SMC 13.48.040 are required to install a properly sized and functioning pretreatment device grease interceptor within 90 calendar days from the city’s written notification.
D. FOG Control Program. All facilities required to have a FOG control pretreatment device must shall enter into a sewer maintenance agreement with the city and develop and implement a FOG control program. The goal of the FOG control program is to implement reasonable and technically feasible controls of free-floating FOG. The basic components of the program shall include:
1. A written program documenting management and corporate support for the plan and a commitment to implement planned activities and achieve established goals through the implementation and enforcement of best management practices;
2. A description of the facility type and a summary of the products made and/or service provided;
3. Quantities of fats, oils, and grease brought into the facility; amounts contained in the product; and quantities discharged to the sanitary sewer;
4. A description of current FOG reduction, recycling, and treatment activities;
5. Schematics of the process areas illustrating drains, interceptors, and discharge points connected to the sanitary sewer;
6. Specific performance goals and implementation schedule.
E. Enzymes, Bacteria and Other Agents. The direct addition into the building plumbing, grease trap, or interceptor of enzymes, chemicals or other agents designed to emulsify the grease compounds is prohibited. Any attempt to modify the trap into a biological reactor by adding bacterial or microbial agents is also prohibited.
F. Inspection. City access to pretreatment devices must be granted in accordance with SMC 13.48.090.
G. Enforcement. In the event a pretreatment device fails a visual or effluent sample analysis inspection, the nondomestic customer will be given written notice of the noncompliant condition and must take immediate steps to bring the device into compliance. The nondomestic customer is solely responsible for all associated costs.
Failure on any nondomestic customer’s part to maintain continued compliance with any requirements set forth in the SMC may result in the initiation of enforcement action. Such enforcement action may include, but is not limited to: a verbal request or warning documented in the inspection form, a warning letter/maintenance letter (via email, fax, USPS, or hand delivery), notice of violation, termination of any city services, or facility closure as outlined in SMC 13.48.120 through 13.48.180.
Both cleaning and maintenance actions when FOG discharge violations are ongoing must be completed in seven calendar days. The business contact must contact the city official for a reinspection. An extension may be granted by the public works director, if corrective actions have been initiated (e.g., an appointment made with a contractor to address a maintenance concern). In the case of an impending backup or current obstruction, the public works director may require the corrective action be taken immediately.
If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer backup and/or overflow, and such overflow can be attributed in part or in whole to an accumulation of any material as defined in SMC 13.48.040 in the sanitary sewer main line, the city may take appropriate enforcement actions, as stipulated in this chapter against the generator or contributor of such materials. These actions may include, without limitation, recovery of all costs associated with cleanup activities, fines, civil penalties, or discontinuing sanitary sewer and water service.
Any person who knowingly makes any false statements, representation, record, report, or other document filed with the city or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is subject to penalties as set forth in this chapter.
H. Pretreatment devices must be constructed in accordance with SMC 15.04.060 and 15.04.070 and the Sequim Development Specifications and Standard Details.
I. Exemptions. Grease traps will not be accepted as an alternative to grease interceptors except as approved in writing by the public works director. At a minimum, the following conditions must apply:
1. Grease traps must have twice the required grease storage capacity as required in the Uniform Plumbing Code for the applicable flow rate. Grease traps must be sized for 25 gpm/50 lbs., minimally.
2. A single grease trap must not serve more than one building or tenant space.
3. FOG removal devices must not be installed without a permit as required by SMC 15.04.070.
J. Pretreatment devices must be designed by a professional engineer, licensed and authorized to do business in the state of Washington, to accept all grey water from the facility to include: hand-washing sinks, mop sinks, any sink used in beverage or food preparation, dishwasher waste, and any garbage disposals, grinders, or shredders. If the facility is equipped with a hydromechanical grease interceptor (i.e., grease trap), discharge must be pretreated as follows:
1. A dishwasher or sanitizer must have a dedicated trap or solids interceptor to capture large amounts of solids, and allow high temperature waste water to cool before entering the hydromechanical grease interceptor.
The design must demonstrate that the specified grease trap has an adequate flow capacity to handle all of these connections. The minimum grease trap capacity is 25 gpm and 50 lbs. Proposed grease interceptors must conform to the Sequim Development Specifications and Standard Details. (Ord. 2017-023 § 1 (Exh. A))
13.48.090 Authority to inspect.
A. Duly authorized city employees bearing proper credentials and identification will be permitted to enter upon all properties in order to inspect, observe, measure, sample, and test effluents destined for the water reclamation facility. Any such intrusions will be conducted in accordance with the provisions of this chapter.
B. Inspection. The city may inspect pretreatment devices on both a scheduled and unscheduled, unannounced basis to determine whether the requirements set forth in this chapter are being met. Each establishment using a pretreatment device must allow city representatives, or other authorized employees bearing proper credentials and identification, access at all reasonable times or during normal hours of operation to all parts of the premises for the purpose of inspection, observation, records examination, measurement, sampling and testing in accordance with the provisions of the SMC. The city has the right to set up on any property devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations. All costs for laboratory collection and analysis are the responsibility of the establishment. The city representative may request a business representative be present during the inspection to: open, operate, or assist in inspecting the device as required to prove operating effectiveness. During inspection, the factors set forth in SMC 13.48.100 will be considered the minimum standards to determine compliance. (Ord. 2017-023 § 1 (Exh. A))
13.48.100 Compliance standards.
A. Compliance and Maintenance Schedule. Grease interceptors will be considered out of compliance if the average accumulation of scum, suspended solids, and sludge (measured by depth) in the device totals 25 percent of the total depth. Grease traps will be considered out of compliance if the average accumulation of scum, suspended solids and sludge (measured by depth) in the device totals 15 percent of the total depth. Grease interceptors and traps must be serviced and emptied of accumulated waste content as required to maintain a minimum design capability or effective volume, but not less than once every 180 calendar days. If a facility determines that cleaning every 180 calendar days is unnecessary in order to remain in compliance with city requirements, the facility may make a written request for a variance from the cleaning schedule.
B. Oil water separators (OWS) will be considered out of compliance if the average accumulation of oils, suspended solids and sludge (measured by depth) in the device totals 25 percent of the total depth. OWS must be serviced and emptied of accumulated waste contents as required to maintain a minimum design capability or effective volume, but not less than once every 180 calendar days. If a facility determines that cleaning every 180 calendar days is unnecessary in order to remain in compliance with city requirements, the facility may make a written request for a variance from the cleaning schedule.
C. Operability. The devices and all corresponding parts and pieces must be properly installed and in good working order (e.g., lids must open and work freely, seal must be in good condition, threads on bolts and nuts must work freely and fasten properly). No debris, equipment supplies, or storage units or any other materials may be stacked or placed within a three-foot radius of the device’s access lids or sampling ports.
D. Noncompliance. The following conditions are considered noncompliance:
1. If amounts of FOG in excess of 100 ppm are evident in the effluent tee, or chamber, of the device. This will be determined by visual inspection (identifying a residue, sheen or grease bloom) or by sampling and laboratory testing;
2. Sanitary wastes are introduced into the pretreatment device;
3. Flushing the grease interceptor with large quantities of water in an effort to cause accumulated grease to pass through is prohibited;
4. For OWS, if coalescing plates or filters appear to be plugged or are otherwise not functioning.
E. Disposal.
1. Any facility that has a grease interceptor must utilize a licensed disposal company to clean the device and properly dispose of the waste. Wastes removed from a device must be disposed of at a facility permitted to receive such waste in accordance with all city, county, state and federal regulations. Grease, solids, or liquids removed from pretreatment devices must not be returned to any grease interceptor, private sanitary sewer line, any portion of the sanitary sewer collection system, or any portion of the stormwater system.
2. Any facility that has a grease trap may utilize a licensed disposal company or employee to clean the interceptor and dispose of the waste properly. These disposal methods include:
a. Absorbing liquids with the proper materials.
b. Storing the removed materials in a leak-proof container and disposing of them in accordance with state and local regulations (e.g., in a sanitary landfill).
c. Recycling the removed materials with a licensed disposal or recycling contractor.
3. Any facility that has an OWS must utilize a licensed disposal company to clean the device and dispose of the waste properly by recycling or disposing of the removed materials with a licensed disposal or recycling contractor. (Ord. 2017-023 § 1 (Exh. A))
13.48.110 Sewer blockage.
The nondomestic customer and/or owner is responsible for keeping the side sewer clean and free of obstructions from the building to the sewer main. When a backup occurs in the sewer, the nondomestic customer must first call the city public works department and ask that an operator be sent out to ascertain if the blockage is in the city-owned portion or the privately owned portion of the sewer.
If a nondomestic customer is having backup problems on a regular basis, the nondomestic customer must schedule a video inspection of the side sewer. The nondomestic customer will schedule the work and perform the inspection immediately after first blockage, clean the line, and if needed, install a cleanout at the property line. If the inspection finds misalignment of joints and/or pipe or broken pipe of a private side sewer, the property owner must make repairs to the side sewer in a timely manner. If the work side sewer extends to the city rights-of-way, the property owner must apply for a right-of-way work permit as required under Chapter 12.16 SMC. The property owner must complete construction within 30 calendar days. Upon written request by the property owner, the public works director may extend such time if the delays are attributable to an inability to timely secure a contractor or unsuitable construction conditions.
If a side sewer has no cleanouts for access, the nondomestic customer will install a cleanout to provide access to side sewer line. (Ord. 2017-023 § 1 (Exh. A))
13.48.120 Violation – Unauthorized tampering – Penalty.
No unauthorized person may maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person who violates this provision is guilty of a misdemeanor as set forth in SMC 1.12.010. (Ord. 2017-023 § 1 (Exh. A))
13.48.130 Violation – Notification.
Any person found to be violating any provisions of this chapter, except SMC 13.48.120 and 13.48.170, may be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender must, within the period of time stated in such notice, permanently cease all violations. (Ord. 2017-023 § 1 (Exh. A))
13.48.140 Violation – Continuation – Penalty.
Any person who continues any violation beyond the time limit provided for in SMC 13.48.130 is guilty of a misdemeanor as set forth in SMC 1.12.010. Each day in which any such violation continues is a separate offense. (Ord. 2017-023 § 1 (Exh. A))
13.48.150 Violation – Liability.
Any person violating any of the provisions of this chapter is liable to the city for any expense, loss, or damage occasioned the city by reason of such violation. (Ord. 2017-023 § 1 (Exh. A))
13.48.160 Noncompliance – Nuisance.
Compliance with the terms and conditions of this chapter constitutes minimum health, sanitation, and safety provisions. Noncompliance with these terms and conditions constitutes a public nuisance and may be abated as such, in addition to any other criminal, civil, and equitable remedies that may be available. (Ord. 2017-023 § 1 (Exh. A))
13.48.170 Criminal prosecution.
A. A nondomestic customer who knowingly or recklessly introduces any substance into the water reclamation facility that causes personal injury or property damage will, upon conviction, be guilty of a gross misdemeanor as set forth in SMC 1.12.010. Each day a violation occurs constitutes a separate offense. This penalty is in addition to any other cause of action for personal injury or property damage available to the city at law or in equity.
B. A nondomestic customer will, upon conviction, be guilty of a gross misdemeanor if the nondomestic customer:
1. Knowingly makes any false statements, representations, or certifications in any application or any documentation filed or required to be maintained pursuant to this chapter, state wastewater discharge permit, or order; or
2. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter.
Each day a violation occurs constitutes a separate offense. (Ord. 2017-023 § 1 (Exh. A))
13.48.180 Injunctive relief.
If the public works director finds that a nondomestic customer has violated or continues to violate any provision of this chapter, a state wastewater discharge permit, or order, or any other pretreatment standard or requirement, the director may seek an injunction to restrain or compel certain actions. Through the city attorney, the public works director will petition the Clallam County Superior Court for the issuance of a temporary, preliminary or permanent injunction, as appropriate, that achieves nondomestic customer compliance with this chapter, the state wastewater discharge permit, or order. The city may also seek such other action as is appropriate for legal and equitable relief, including requiring the nondomestic customer to conduct environmental remediation. A petition for injunctive relief will not be a bar against, or a prerequisite for, taking any other action against a nondomestic customer. Injunctive relief is nonexclusive to other remedies available to the city. (Ord. 2017-023 § 1 (Exh. A))