Chapter 14.24 PRETREATMENT REGULATIONS

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

(a) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;

(b) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the POTW;

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

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

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

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

(2) This chapter shall apply to all users of the POTW. This chapter defines certain prohibited discharges; sets forth local limits, as defined in WMC 14.24.080, for use by state agencies in the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the recovery of liquidated damages and collection of penalties. (Ord. 1221 § 1, 1996)

14.24.020 Administration.

Except as otherwise provided herein, the Washougal director of public works shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the director of public works may be delegated by the director to other qualified Washougal personnel. (Ord. 1221 § 1, 1996)

14.24.030 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, (33 USC 1251 et seq.), as amended.

“AKART” is an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling or abating the pollutants associated with a discharge. AKART shall be applied by all industrial users of the POTW. Best management practices are a subset of AKART, and may be required by the director for any discharge to the POTW.

“Applicable pretreatment standards” means, for any specified pollutant, Washougal’s prohibitive standards, Washougal’s specific pretreatment standards (local limits), state of Washington pretreatment standards, or National Categorical Pretreatment Standards (when effective), whichever standard is appropriate or most stringent.

“Approval authority” means Washington State Department of Ecology or Ecology.

“Authorized representative of the user” means:

(1) If the user is a corporation:

(a) 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

(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

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

(3) If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee;

(4) The individuals described in subdivisions (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city of Washougal.

“Biochemical oxygen demand (BOD)” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures during five days at 20 degrees centigrade, usually expressed as a concentration (milligrams per liter (mg/l)).

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

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

“Categorical user” means a user covered by one or more categorical standards as defined herein.

“City” means the city of Washougal or its duly authorized representative, deputy or agent.

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

“Color” means the optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to zero (0.0) optical density.

“Composite sample” means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

“Director of public works” or “director” means the person designated by the city of Washougal to supervise the department of public works which includes the maintenance and operation of the POTW. The use of the term “director” in this chapter specifically includes his/her duly authorized representative or inspector.

“Domestic user (residential user)” means any person who contributes, causes or allows the contribution of wastewater into the city POTW that is similar in volume and/or chemical make-up to domestic wastewater. For comparison, discharges of domestic wastewater shall be assumed to be 100 gallons containing 0.2 pounds of BOD, and 0.2 pounds of TSS per capita per day.

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

“Ecology” means the Washington State Department of Ecology or authorized representative thereof.

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

“Existing source” means any categorical user which discharges wastewater to the POTW, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

“Existing user” means any noncategorical user which discharges wastewater to the POTW prior to the effective date of the ordinance codified in this chapter.

“Grab sample” means a sample which is taken from a wastestream on a one-time basis without regard to the flow in the wastestream and without consideration of time.

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

“Industrial wastewater” means water or liquid-carried waste from any industry, manufacturing operation, trade or business which includes process wastewater, cooling water, contaminated stormwater, contaminated leachates, or other wastewater, or is subject to regulation under Federal Categorical Pretreatment Standards, the State Waste Discharge Permit program, or this chapter.

“Industrial user” means a source of industrial wastewater discharging to the POTW.

“Interference” means the effect of a discharge or discharges on the POTW from one or more nondomestic users which results in either: (1) inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal; (2) violation of any permit regulating Washougal’s wastewater discharge or sewerage sludge; or (3) prevention of sewage sludge or disposal in compliance with any applicable statutory or regulatory provision or permit issued thereunder. (Applicable sludge regulations shall include Section 405 of the Clean Water Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substance Control Act; the Marine Protection, Research, and Sanctuaries Act; and 40 CFR part 503.)

“Maximum allowable discharges” means the maximum allowable discharge of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

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

“New source” means:

(1) Any facility constructed after proposed pretreatment standards applicable to operations conducted at the facility were published; provided, the facility is or may be a source of discharge, and:

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

(b) The new construction 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.

(2) Construction of a new source as defined under this paragraph has commenced if the owner or operator has begun, or caused to begin any placement, assembly or installation of facilities or equipment or significant site preparation work including removal of existing facilities necessary for the emplacement of new source facilities or equipment or entered into a binding contractual obligation for the purchase of facilities or equipment for use in operation of a new source within a reasonable time.

“New user” is any noncategorical user that plans to discharge a new source of wastewater to the Washougal sewage collection system after the effective date of the ordinance codified in this chapter. This discharge may be from either a new or an existing facility. Any person that buys an existing facility that is discharging nondomestic wastewater will be considered an “existing user” if no significant changes are made in the manufacturing operation.

“Pass through” means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city NPDES or state waste discharge permit (including an increase in the magnitude or duration of a violation) or causes a violation of any water quality standard for waters of the state promulgated under regulations including Chapter 173-201A WAC.

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

“Person” means any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate, any federal, state or local governmental agency or entity, or any other entity whatsoever; or their legal representatives, agents or assigns.

“pH” is a measure of the acidity or alkalinity of a substance, expressed in standard units.

“Pollutant” means any substance discharged into a POTW or its collective system which, if discharged directly, would alter the chemical, physical, biological or radiological integrity of the receiving water.

“Pollution prevention” means source reduction; protection of natural resources by conservation; or increased efficiency in the use of raw materials, energy, water or other resources.

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

“Pretreatment requirements” means any substantive or procedural state, local, or federal requirement related to pretreatment developed under Chapter 90.48 RCW and/or Section 307 and 402 of the Clean Water Act.

“Pretreatment standards” or “standards” means any pollutant discharge limitations including categorical standards, state standards, and limits of WMC 14.24.080 applicable to the discharge of nondomestic wastes to a POTW. The term shall also include the prohibited discharge standards of this chapter, WAC 173-240-060, and 40 CFR Part 403.5.

“Prohibited discharge standards” or “prohibited discharges” means absolute prohibitions against the discharge of certain substances; these prohibitions appear in Sections 14.24.050(1) and (2).

“Publicly owned treatment works (POTW)” means a “treatment works,” as defined by Section 212 of the Act (33 USC 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. The term shall also mean the city.

“Septic tank waste” or “septage” means any sewage and sludge from individual wastewater disposal systems such as septic tanks and cesspools; and domestic wastes from holding tanks, chemical toilets, campers and trailers absent of any industrial wastewater.

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

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

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

“Shall” defines a mandatory requirement.

“Significant industrial user” means:

(1) A user subject to categorical pretreatment standards; or

(2) A user that:

(a) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater), or

(b) Contributes a process wastestream which makes up five percent or more of the average dry water hydraulic or organic capacity of the POTW treatment plant, or

(c) Is designated as such by the Washington State Department of Ecology with input from the city on the basis that it, alone or in conjunction with other sources has a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement;

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

“Significant noncompliance (SNC)” means an assessment of an industry’s compliance status. An industry is in significant noncompliance of pretreatment regulations if any industrial violation or series of violations meets the SNC criteria as defined in 40 CFR 403 as amended.

“Slug load” means any discharge at a flow rate or concentration which could cause a violation of the discharge standards in WMC 14.24.050 through 14.24.080 or any discharge of a pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW or at such a flowrate as to exceed a permitted peak flow or 10 percent of the capacity of the available trunk sewer, whichever is greater.

“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.

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

“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.

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

“Treatment plant effluent” means the discharge from the POTW.

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

User. (See “Industrial user.”)

Wastewater. (See “Sewage.”)

“Wastewater discharge permit (industrial wastewater discharge permit, discharge permit)” means an authorization or equivalent control document issued by Ecology to users discharging wastewater to 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 designed to provide treatment of sewage as defined herein. (Ord. 1221 § 1, 1996)

14.24.040 Abbreviations.

The following abbreviations shall have the designated meanings:


ASPP:	Accidental spill prevention plan
AKART:	All known, available and reasonable means of prevention, control, and treatment. (See WMC 14.24.030, Definitions.)
BOD:	Biochemical oxygen demand
CFR:	Code of Federal Regulations
COD:	Chemical oxygen demand
EPA:	U.S. Environmental Protection Agency
gpd:	gallons per day
l:	liter
LEL:	Lower explosive limit
mg:	milligrams
mg/l:	milligrams per liter
NPDES:	The National Pollutant Discharge Elimination System as defined under Section 402 of the Clean Water Act.
O&M:	Operation and maintenance
POTW:	Publicly owned treatment works
RCRA:	Resource Conservation and Recovery Act
SIC:	Standard Industrial Classifications
SWDA:	Solid Waste Disposal Act (42 USC 6901, et seq.)
TSS:	Total suspended solids
USC:	United States Code

Note: With regards to abbreviations above, the use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use. (Ord. 1221 § 1, 1996)

Article II. General Requirements

14.24.050 Prohibited discharge standards.

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

(2) Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or gases, either singly or combined in a wastestream:

(a) Any pollutant which either alone or by interaction may create a fire or explosive hazard in the POTW, including, but not limited to, a wastestream which causes two successive readings on an explosion meter to be more than five percent nor any single reading over 10 percent of the lower explosive limit (LEL) of the meter at any point in the POTW, or is capable of creating a public nuisance (WAC 173-216-060(2)(b)(ii));

(b) Any pollutant which will cause corrosive structural damage to the POTW, but in no case discharges with a pH less than 6.0 or more than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW, unless the POTW is specifically designed to accommodate such discharge and the discharge is authorized by a wastewater discharge permit (40 CFR 403.5(b)(2) and WAC 173-216-060(2)(b)(iv));

(c) Any solid or viscous substances including fats, oils and greases in amounts which may cause obstruction to the flow in a POTW or other interference with the operation of the POTW (40 CFR 403.5(b)(3) and WAC 173-216-060(2)(b)(iii));

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

(e) Any wastestream having a temperature which will inhibit biological activity in the treatment plant resulting in interference, or causes worker health or safety problems in the collection system. In no case shall wastewater be discharged at a temperature which causes the temperature at the introduction to the POTW treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius) unless the system is specifically designed to accommodate such a system, and the discharge is authorized under the State Waste Discharge Permit Program (40 CFR 403.5(b)(5) and WAC 173-216-060(2)(b)(v));

(f) 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));

(g) Any pollutants which result in the presence of toxic gases, vapors or fumes within any portion of the POTW in a quantity that may cause acute worker health and safety problems (40 CFR 403.5(b)(7));

(h) 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));

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

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

(i) Noncontact cooling water in significant volumes,

(ii) Stormwater, and other direct inflow sources,

(iii) Wastewater significantly affecting system hydraulic loading, which do not require treatment or would not be afforded a significant degree of treatment by the POTW;

(k) 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);

(l) Any substance which will cause the POTW to violate its NPDES, state waste discharge or other disposal system permits or causing the treatment plant’s effluent to fail a toxicity test;

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

(n) Anything 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 NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10 percent from the seasonably established norm for aquatic life;

(o) Any discharge containing radioactive wastes or isotopes except as specifically approved by the director in compliance with applicable state or federal regulations including WAC 246-221-190 “Disposal by Release into Sanitary 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; and not violating any other prohibition;

(p) Any sludge, screenings or other residents from the pretreatment of industrial wastes or from industrial processes;

(q) Any medical wastes, except as specifically authorized by the director;

(r) Any detergents, surface-active agents or other substances in amounts which may cause excessive foaming in the POTW;

(s) Any incompatible substances such as grease, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dusts, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes, or any other organic or inorganic matter greater than 0.5 inches in any dimensions;

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

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

(v) Any slug load.

(3) 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. 1221 § 1, 1996)

14.24.060 Federal categorical pretreatment standards.

National categorical pretreatment standards as adopted and hereafter amended by the EPA pursuant to the Act shall be met by all industrial users of the regulated industrial categories. These standards, found in 40 CFR Chapter I, Subchapter N, Parts 405-471, are incorporated by reference. (Ord. 1221 § 1, 1996)

14.24.070 State requirements.

(1) State requirements and limitations on discharges to the POTW, as incorporated into Washington State Law by Chapter 90.48 RCW and implemented in Chapters 173-201A, 173-216 and 173-240 WAC, shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this or other applicable ordinances.

(2) Any user determined by the city to qualify as a significant industrial user shall file an application for a State Waste Discharge Permit with Ecology in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application, and payment of permit fees shall be kept at the user’s facilities, and produced upon request by the city. Failure to submit the application or rejection of the application by Ecology may be considered sufficient grounds to terminate or refuse to provide sewer service. (Ord. 1221 § 1, 1996)

14.24.080 Local limits.

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

0.08 mg/l arsenic;

0.05 mg/l cadmium;

1.3 mg/l chromium;

1.5 mg/l copper;

0.4 mg/l lead;

0.02 mg/l mercury;

0.15 mg/l molybdenum;

0.95 mg/l nickel;

0.07 mg/l selenium;

0.4 mg/l silver;

3.0 mg/l zinc;

100 mg/l oil and grease (total of petroleum and vegetable based).

(2) The above limits apply at the point where the wastewater is discharged to the POTW (end of the pipe). All concentrations for metallic substances 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 user is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply. (Ord. 1221 § 1, 1996)

14.24.090 Right of revision.

The city reserves the right, following a public hearing and public input, to amend this chapter and to establish more stringent standards or requirements on discharges to the POTW. (Ord. 1221 § 1, 1996)

14.24.100 Special agreement.

(1) Users with BOD or TSS levels higher than 300 mg/l in their wastestream must have an agreement with the city before commencing discharge. Within such agreements, the city may establish terms of the user’s discharge to the POTW including maximum flow rates and concentrations. The city may also establish monitoring schedules to insure compliance with the agreement and fees to recover costs associated with treating such wastes. The fees shall be as established according to Article XII of this chapter. In no case will a special agreement waive compliance with a state or federal pretreatment standard or requirement including categorical standards. The user who wishes to make such a discharge must submit a formal request to the city 180 days before the discharge is to occur. The request must include all pertinent data about the discharge including, but not limited to, flow rate, time and duration of discharge(s), type and concentration of pollutants, and any other relevant information requested by the city.

(2) Users discharging or intending to discharge pollutants other than BOD and TSS, and claiming compatibility, must prove to the satisfaction of the director, that such pollutants are compatible with the POTW. The director may require any claim of compatibility to be endorsed by Ecology. (Ord. 1221 § 1, 1996)

14.24.110 Dilution.

No user shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with an applicable pretreatment standard or requirement unless expressly authorized by an applicable pretreatment standard or requirement. The director may request Ecology impose mass limitations on users 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. (Ord. 1221 § 1, 1996)

14.24.120 Pretreatment facilities.

(1) Users will procure, emplace, operate and maintain the wastewater facilities which combined with appropriate practices are necessary to achieve AKART as defined herein. Pretreatment facilities shall be designed to achieve compliance with all applicable pretreatment standards and requirements within the time limitations specified by the EPA or the state, whichever is more stringent. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to Ecology for review and approval in accordance with the procedures of Chapter 173-240 WAC, and shall be disclosed to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce a discharge acceptable to Ecology and meet discharge limitations under the provisions of this chapter. Such facilities shall be provided, operated and maintained at the user’s expense.

(2) Users shall comply with approved engineering reports, plans and specifications, and operations and maintenance manuals, and shall modify such documents to reflect any proposed modifications of industrial wastewater (pretreatment) facilities. Users shall submit proposals to modify pretreatment facilities to the department before implementation in accordance with Chapter 173-240 WAC. Users shall submit a copy of such revised plans and Ecology’s acceptance to the director before implementing changes to approved pretreatment facilities. The city may audit the compliance of any user, and require changes in operating procedures deemed necessary by the director to ensure continued compliance with applicable requirements. (Ord. 1221 § 1, 1996)

14.24.130 Deadline for compliance with applicable pretreatment requirements.

(1) Existing sources covered by one or more categorical pretreatment standards shall comply with such standards within three years of the date the standard is effective unless the pretreatment standard includes a more stringent compliance schedule. Ecology shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when the local limits for the user are more restrictive than EPA’s categorical pretreatment standards.

(2) New sources and new users shall comply with applicable pretreatment standards within the shortest feasible time, but in no case shall time exceed 90 days from the beginning of discharge. Prior to commencing discharge, such users shall install and start-up all pollution control equipment required to meet applicable pretreatment standards. (Ord. 1221 § 1, 1996)

14.24.140 Additional pretreatment measures.

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

(2) Grease, oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing grease and oil in excess of the limits in WMC 14.24.080, or excessive amounts of sand. Such interceptors shall not be required for domestic users. All interceptors shall be of type and capacity approved by the director and shall be located to be easily accessible for cleaning and inspection. Each user shall maintain, inspect and clean required interceptors on a schedule that ensures they capture the intended pollutants, and prevents reintroduction into the storm or sanitary sewer systems. Users shall bear all expenses related to installation, maintenance, repair and disposal of removed materials.

(a) Food Service Users. Users who operate restaurants, cafes, lunch counters, cafeterias, bars or clubs, or hotel, hospital, sanitariums, factory or school kitchens, butcher shops, or other establishments where food (polar) grease may be introduced to the sewer system, shall have pretreatment facilities to prevent the discharge of fat waste, oil and grease. Such pretreatment facilities shall be either a grease interceptor or grease trap as determined by the jurisdiction located outside the building, and installed in the wastewater line leading from sinks, drains or other fixtures where grease may be discharged. Grease interceptors shall be required on all new construction projects that have a Type 1 hood exhaust system. New grease interceptors or grease traps shall be in accordance with the Uniform Plumbing Code, and any other requirements by the city as set forth herein. Grease interceptors that include dishwasher effluent shall be sized to allow sufficient detention time to allow for cooling of the effluent. No more than four fixtures shall connect to an individual grease interceptor, and no sanitary facilities will be allowed to connect upstream of any grease interceptor. Subject to the director’s approval, dishwater effluent may be excluded from pretreatment. Grease traps inside the kitchen area will only be allowed under special circumstances and shall only be approved by the director on a case-by-case basis.

(b) Industrial/Commercial User. Users who operate automobile or truck repair facilities, steam cleaning facilities for motorized equipment, air compressor(s), or any other establishments or equipment where petroleum-based (nonpolar) grease and oil may be introduced to the sewer system, shall have pretreatment facilities to prevent the discharge of oil and grease. These pretreatment facilities shall be oil/water separators or interceptors located to collect such mixture of grease, oil and water. Such facilities shall be in accordance with city and state standards.

(c) Retrofit of User Facilities. Users may be required to retrofit facilities which were constructed prior to the adoption of the ordinance codified in this chapter. The requirement to retrofit shall be on a case-by-case basis, as determined by the director for compliance with city, state and federal regulations. The director may require installation of grease interceptors, grease traps or other pretreatment facilities for those facilities that violate discharge prohibitions and supplemental limitations as set forth in this chapter. In all cases, existing food service users that have a Type 1 hood exhaust system shall be required to retrofit with an approved grease trap or interceptor that is sized in accordance with the current Uniform Plumbing Code and its appendices. In deciding whether to require a user to retrofit their facilities, the director shall take into account all relevant circumstances, including but not limited to, the extent of potential harm caused by the discharge, the magnitude and duration of the discharge, economic detriment to the user, corrective actions by the user, the compliance history of the user, and any other relevant factors. Grease interceptor or grease trap size shall be determined in accordance with the Uniform Plumbing Code and any other requirements by the city as set forth herein at the time the user is notified that facility modifications are required. Sizing of grease traps or interceptors will be reviewed and may be modified at the request of the local sewer jurisdiction. All costs incurred in retrofitting a user’s facility shall be the sole responsibility of the user.

(d) Maintenance of Grease Interceptors and/or Grease Traps. Users shall maintain grease interceptors and/or grease traps and/or other pretreatment equipment in a manner that shall prevent fat waste, oil or grease from being carried into the sewer system at all times. Authorized city employees shall be allowed access to grease traps and interceptors for the purpose of inspection and/or to verify compliance with this chapter. Fat waste, oil or grease removed from such a facility shall not be disposed of in the sanitary or storm sewer. A record of disposal shall be maintained for review by the Southwest Washington Health District and the local sewer jurisdiction.

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

(4) Each user discharging more than 10,000 gallons per day or 10 percent of the average daily flow in the POTW, whichever is less, may be required by the director to install and maintain, on his/her property and at his/her expense, a suitable storage and flow-control facility to ensure equalization of flow over a 24-hour period. The facility shall have a capacity for at least 50 percent of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the director. The city may require the user to obtain a wastewater discharge permit solely for flow equalization, or to develop a slug control plan (WMC 14.24.150). (Ord. 1571 § 1, 2006; Ord. 1221 § 1, 1996)

14.24.150 Accidental spill/slug discharge control plans.

(1) The director may require any user to install, properly operate, and maintain, at his/her own expense, facilities to prevent slugloads or accidental discharges of pollutants to the POTW. The director may require users to produce and/or implement spill plans developed in compliance with OSHA, health, fire and ecology regulations that address POTW discharges. When such plans are required by the director they shall contain as a minimum the following elements:

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

(b) A description of stored chemicals;

(c) Procedures for immediately notifying the city of any accidental or slugload discharges, with procedures for follow-up written notification within five days; and

(d) Procedures to prevent adverse impact from any accidental or slugload discharge, including, but not limited to, the following 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; and measures for emergency response.

(2) Users shall verbally notify the city’s wastewater treatment plant immediately upon the occurrence of a slug or accidental discharge of substances regulated by this chapter and take immediate actions to correct the situation. If the treatment plant cannot be reached, the user shall try to contact City Hall. If City Hall cannot be reached, the fire department shall be notified. Immediate notification does not require placing people in jeopardy of being harmed. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. The user shall follow-up with a written notification to the director containing the same information within seven days following the discharge.

(3) Any user who discharges an accidental discharge or slugload shall be liable for:

(a) Recovery of any resultant expenses, losses and damages to the POTW;

(b) Recovery of any fines or settlements levied upon the city on account thereof by any government agency or court of competent jurisdiction; and

14.24.160 Septic or liquid hauled wastes.

(1) Septic tank and liquid waste haulers may introduce substances into the POTW only at a designated receiving structure and at such times as are established by the director. No load may be discharged without prior consent of the director.

(2) Such wastes shall not violate any discharge prohibition or standard of this chapter or any other requirements established or adopted by the city. Wastewater discharge permits for individual vehicles to use such facilities shall be issued by the director.

(3) Septage haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, addresses of the sources of waste, and volume and characteristics of waste.

(4) Haulers of liquid wastes other than septage must provide full disclosure to the director of the source or sources of the wastewater, and such additional information as required by the director to characterize the wastewater. The director may issue an authorization on his/her own authority, or require haulers of industrial wastewater to obtain a waste discharge permit as a condition of discharge. No authorization to discharge such wastewater shall be granted until the director has determined to his satisfaction that the wastewater complies with all discharge standards, prohibitions and requirements of this chapter.

(5) The director may exercise absolute discretion in whether to accept any load of septage or hauled wastes. In determining whether to accept a load, the director may collect samples of each hauled load and/or require the hauler to provide a waste analysis of any load prior to discharge.

(6) Fees for discharge of hauled wastes will be established as part of the user fee system as authorized in this chapter. (Ord. 1221 § 1, 1996)

Article III. Wastewater Discharge Permit Requirements

14.24.170 Wastewater discharge permitting – Requirements for discharge.

(1) No significant industrial user (SIU) shall discharge wastewater into the POTW without first applying for a wastewater discharge permit from Ecology. The director may require proof of such application. Obtaining a wastewater discharge permit does not relieve a permittee of his/her obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law including the requirement for applying AKART.

(2) The director may require other users, including liquid waste haulers, to apply for wastewater discharge permits as necessary to carry out the purposes of this chapter.

(3) The director may also establish, and require users by letter, permit or rule, to implement best management practices as determined by the director.

(4) The city encourages all users seeking authorization to discharge to the POTW to complete a pollution prevention review before submitting their request to discharge to the director. The city may require users who must submit a pollution prevention plan under the state of Washington’s Hazardous Waste Reduction Act to provide this plan to the director as a condition of initial or continued discharge. (Ord. 1221 § 1, 1996)

14.24.180 Permit requirements for dangerous waste constituents.

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

(1) Obtain a written authorization to discharge the waste from the director, and either obtain specific authorization to discharge the waste in a wastewater discharge permit issued by Ecology, or accurately describe the wastestream in a temporary permit obtained pursuant to RCW 90.48.165. The description shall include at least:

(a) The name of the dangerous waste as set forth in Chapter 173-303 WAC, and the dangerous waste number;

(b) The mass of each constituent expected to be discharged;

(2) Compliance shall be obtained on the following schedule:

(a) Before discharge for new users;

(b) Within 30 days after becoming aware of a discharge of dangerous wastes to the POTW for existing users; and

(c) Within 90 days after final rules identifying additional dangerous wastes or new characteristics or criteria of dangerous waste are published for users discharging a newly listed dangerous waste. (Ord. 1221 § 1, 1996)

Article IV. Reporting Requirements

14.24.190 Disclosure of records.

All records and reports required by this chapter, any applicable state and federal regulation, or any permit or order issued thereunder, will be available on-site for review by the director during business hours, when activities are being conducted at the facility, and at all reasonable times. Failure to comply with this provision is a violation of this chapter. (Ord. 1221 § 1, 1996)

14.24.200 Reports from unpermitted users.

All users not obligated to obtain a wastewater discharge permit from Ecology shall provide appropriate reports to the city as the director may require. The schedule and form of such reports, and the pollutant properties, flow rates, and other pertinent information to be reported shall be determined by the director. (Ord. 1221 § 1, 1996)

14.24.210 Reporting requirements for dangerous waste constituents.

Any user discharging 100 kilograms or more of dangerous waste in any calendar month to the

POTW where the pollutants are not reported through self monitoring under an applicable wastewater discharge permit, shall report to the director and Ecology, the following information to the extent that it is known or readily available to the user:

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

(2) The specific hazardous constituents;

(3) The estimated mass and concentration of such constituents in wastestreams discharged during the calendar month;

(4) The type of discharge (continuous, batch or other); and

(5) The estimated mass of dangerous waste constituents in wastestreams expected to be discharged in the next 12 months. (Ord. 1221 § 1, 1996)

14.24.220 Recordkeeping.

(1) Users subject to this chapter shall retain, and make available for inspection and copying, all records of information maintained to comply with this chapter, a wastewater discharge permit, or approved operations and maintenance procedure (inspections, lubrication, repair, etc.). Users subject to monitoring requirements shall keep records of all monitoring activities required or voluntary. Monitoring records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the sampler; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.

(2) These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the director. (Ord. 1221 § 1, 1996)

Article V. Sampling and Analytical Requirements

14.24.230 Sampling requirements for users.

(1) Applicable Requirements. Users which discharge to the POTW shall abide by the applicable wastewater monitoring requirements of this chapter, any applicable order, and any state or federal regulation or permit, including a wastewater discharge permit. The director may require self-monitoring as a requirement of discharge to the POTW, or may conduct city monitoring of any discharge to the POTW.

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

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

(4) Data Required. All sample results shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that the samples are representative of normal work cycles and expected pollutant discharges from the user. Whenever a user samples and analyzes any regulated pollutant more frequently than required, using methodologies in 40 CFR Part 136, the results of such analysis shall be submitted with the next required discharge report. (Ord. 1221 § 1, 1996)

14.24.240 Analytical requirements.

All pollutant analyses required to be reported, with the exception of flow and temperature, shall be performed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC. Sampling and analysis techniques used in collection, preservation, and analysis, shall be in accordance with 40 CFR Part 136 unless otherwise specified in an applicable categorical pretreatment standard. Where 40 CFR Part 136 does not contain sampling or analytical technique for the pollutant in question, a sampling and analyses shall be performed in accordance with procedures approved by EPA or Ecology. (Ord. 1221 § 1, 1996)

14.24.250 City monitoring of wastewater.

The city shall follow the procedures required of users described in WMC 14.24.230 and 14.24.240 whenever conducting wastewater sampling of any industrial user when such sampling is conducted to ensure compliance with this chapter and applicable pretreatment standards and requirements. (Ord. 1221 § 1, 1996)

Article VI. Compliance Monitoring

14.24.260 Right of entry for inspection and sampling.

(1) The city shall have the right to enter the facilities of any user to ascertain whether the purpose of this chapter, and any wastewater discharge permit or order issued under this chapter or by Ecology, is being met and whether the user is complying with all requirements thereof. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

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

(3) For users with wastewater discharge permits, the director, in coordination with Ecology, shall have the right to set up on the user’s property, at the city’s expense, such devices as are necessary to conduct sampling and/or metering of the user’s operations. (Ord. 1221 § 1, 1996)

14.24.270 Monitoring facilities.

(1) Each user shall provide and operate at its own expense a monitoring facility to allow inspection, sampling and flow measurements of each use process waste line connected to the city’s sewer system. Such facilities may be required by Ecology or the city. Monitoring facilities shall be situated on the user’s premises unless this would be impractical or cause undue hardship on the user. In such cases, the director may allow the user to construct the facility in the public street or sidewalk area, providing it will not be obstructed by landscaping or parked vehicles.

(2) The director or applicable control authority may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line, wastewater treatment system) when deemed appropriate.

(3) There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The user shall maintain the facility, sampling and measuring equipment at all times in a safe and proper operating condition at his/her own expense.

(4) All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. Any devices used to measure wastewater flow and quality shall be regularly calibrated, but no less frequently than annually, to ensure their accuracy. Calibration records will be available for inspection of the superintendent. (Ord. 1221 § 1, 1996)

14.24.280 Search warrants.

(1) If the director or a qualified inspector acting as his/her agent has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program of the city designed to verify compliance with this chapter or any order issued hereunder or any wastewater discharge permit issued by Ecology, or to protect the overall public health, safety and welfare of the community, then the director shall seek issuance of a search and/or seizure warrant from the superior court. Such warrant shall be served at reasonable hours by the director in the company of a uniformed police officer of the city.

(2) In the event the director has reason to believe a situation represents an imminent threat to public health and safety, and where entry has been denied or the area is inaccessible, an agent of the director may enter in the company of a uniformed police officer, before a requested warrant has been produced, in order to determine if the suspected situation exists, and if so, to take such actions necessary to protect the public. (Ord. 1221 § 1, 1996)

14.24.290 Vandalism.

No person shall wilfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this chapter. (Ord. 1221 § 1, 1996)

Article VII. Confidential Information

14.24.300 Confidential information.

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

(2) Users shall clearly mark “confidential” on all areas of reports requested to be held confidential from the public. Upon request for this information, the city shall determine if such information is legally afforded this protection under the law. Only information marked “confidential” which the city determines qualifies as such shall be withheld from the public.

(3) Documents claimed as “confidential,” however, shall not be withheld from any state or federal agency responsible for oversight of the city’s NPDES permit or authority to implement the NPDES, or federal or state pretreatment programs. Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 1221 § 1, 1996)

Article VIII. Administrative Enforcement Remedies

14.24.310 State responsibility for administrative actions.

The Washington State Department of Ecology is charged with permitting and regulating significant industrial users of the city POTW. Except for emergency actions, it shall be the policy of the director to coordinate actions in regard to control of such users with Ecology until such time as a local pretreatment program for the city may be authorized by the state. Failure to do so, however, shall not invalidate any action of the city authorized by this chapter. (Ord. 1221 § 1, 1996)

14.24.320 Notification of violation.

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

(2) Within 10 days of receipt of a notice of violation, the user shall submit an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

(3) Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 1221 § 1, 1996)

14.24.330 Consent orders.

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

(2) Compliance schedules, when included in consent orders, may not extend the compliance date beyond any applicable state or federal deadlines. Consent orders shall have the same force and effect as compliance orders issued pursuant to WMC 14.24.340 and shall be judicially enforceable.

(3) Failure to comply with any terms or requirements of a consent order by the user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the director. (Ord. 1221 § 1, 1996)

14.24.340 Compliance orders.

(1) Whenever the director finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the director may issue a compliance order to the industrial user responsible for the violation directing that, following a specified time period, wastewater services, including collection and treatment, shall be discontinued and/or applicable penalties imposed unless adequate pretreatment facilities, devices or other related appurtenances have been installed and are properly operated and maintained.

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

(3) Failure to comply with any terms or requirements of a compliance order by the industrial user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the director. (Ord. 1221 § 1, 1996)

14.24.350 Show cause hearing.

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

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

(3) A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 1221 § 1, 1996)

14.24.360 Cease and desist orders.

(1) When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order by Ecology, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur and may cause a violation of the POTW’s NPDES permit, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately cease such actions or discharges as described;

(b) Comply with all applicable pretreatment standards and requirements;

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

(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 1221 § 1, 1996)

14.24.370 Emergency suspension of wastewater services.

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

(2) Any user notified of a suspension of its discharge shall immediately cease all wastewater discharges. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or the danger to the public. The director may allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed unless the termination processings in WMC 14.24.380 are initiated against the user.

(3) It is unlawful for any person to prevent or attempt to prevent the city from terminating wastewater services in an emergency situation, by barring entry, by physically interfering with city employees or contractors, or by any other means.

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

(5) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 1221 § 1, 1996)

14.24.380 Termination of treatment services (nonemergency).

(1) The director shall have authority to terminate wastewater services, including collection and treatment, for any user upon determining that such user has:

(a) Refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter;

(b) Violated any provision of this chapter including the discharge prohibitions and standards of Article II; or

(2) For users holding permits to discharge to the POTW, violation of the following conditions is also grounds for terminating discharge services:

(a) Failure to accurately report wastewater constituents and characteristics;

(b) Failure to report significant changes in operations or wastewater constituents or characteristics;

(3) Issuance of a termination order by the city shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 1221 § 1, 1996)

Article IX. Judicial Enforcement Remedies

14.24.390 Injunctive relief.

When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the superior court through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 1221 § 1, 1996)

14.24.400 Civil penalties.

(1) A user which has violated or continues to violate any provision of this chapter, or order issued hereunder, or any other pretreatment standard or requirement not reserved by a permit by Ecology shall be liable to the city for a maximum civil penalty of $10,000 per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long-term average discharge limits, penalties shall accrue for each day during the period of the violation.

(2) In addition to the penalty amounts assessable under subsection (1) of this section, the director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city including penalties for noncompliance with the city’s NPDES permit to the extent attributable to the user.

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

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 1221 § 1, 1996)

14.24.410 Criminal prosecution.

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

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

(3) Where wilful or negligent introduction of a substance into the POTW causes personal injury or property damage, this action shall be in addition to any other civil or criminal action for personal injury or property damage available under the law. (Ord. 1221 § 1, 1996)

14.24.420 Remedies nonexclusive.

The provision in Articles VIII through XI of this chapter are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 1221 § 1, 1996)

Article X. Supplemental Enforcement Actions

14.24.430 Water supply severance.

Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 1221 § 1, 1996)

14.24.440 Performance bonds and liability insurance.

The director may decline to reinstate wastewater service for any industrial user who has had its wastewater services suspended or terminated under the provisions of this chapter unless such industrial user, at the discretion of the director and the city council, either: (1) first files with the city a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve compliance; or (2) first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge. (Ord. 1221 § 1, 1996)

14.24.450 Innovative settlements and supplemental environmental projects.

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

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

(3) In enforcement actions taken by the Department of Ecology, the city may make written recommendations either for or against an innovative settlement agreement with a noncompliant user based on these same criteria. (Ord. 1221 § 1, 1996)

Article XI. Affirmative Defenses to Discharge Violations

14.24.460 General prohibited discharge standards.

(1) The city may allow an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in WMC 14.24.050(1) and (2)(c) through (g). Such defense requires the user to prove to the satisfaction of the director that:

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

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

(2) This defense may relieve the user from responsibility for enforcement to recover costs as provided under WMC 14.24.400. (Ord. 1221 § 1, 1996)

14.24.470 Upset.

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

(2) An industrial user who wishes to establish the affirmative defense of upset to an action brought for noncompliance with applicable pretreatment shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

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

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

(c) The user has verbally notified the city’s wastewater treatment plant (or City Hall or fire department as described in WMC 14.24.150) immediately, if possible, but no later than 24 hours upon becoming aware of the upset. Immediate notification does not require placing people in jeopardy of being harmed. The notification must include the following information. A written report must have been submitted within five days:

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

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

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

(3) Users will only have the opportunity for a judicial determination on a claim of upset in an enforcement action brought for noncompliance with applicable pretreatment standards. In any such enforcement proceedings, the user seeking to establish the occurrence of an upset shall have the burden of proof. (Ord. 1221 § 1, 1996)

14.24.480 Bypass.

(1) A user may allow a bypass to occur if it does not cause applicable pretreatment standards or requirements to be violated and if it is for essential maintenance to ensure efficient operations. These bypasses are not subject to the provision of subsections (2) and (3) of this section.

(2) Requirements for bypasses subject to pretreatment standards or requirements:

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

(b) An industrial user shall give verbal notification to the city of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours of becoming aware of the bypass, and submit a written report to the director within five days of becoming aware of the bypass.

(c) The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The director may waive the written report if the verbal notification has been received within 24 hours.

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

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

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

(4) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in subsection (3) of this section. (Ord. 1221 § 1, 1996)

Article XII. Industrial Waste Collection and Treatment Rates

14.24.490 Purpose.

It is the purpose of this section to provide for the payment of charges from industrial users to compensate the city for the cost of installing, operating, maintaining and further improving the POTW and for the cost of administration of the pretreatment program established herein. (Ord. 1221 § 1, 1996)

14.24.500 Sewer use service charges.

(1) Any industrial user who has a process wastewater which is discharged into the city’s sewer and is equivalent to domestic sewage except that the BOD or TSS levels may be higher than 300 mg/l shall pay a fee based on the domestic sewage rates established in the WMC and an equivalent domestic population. To determine the equivalent domestic population, each person is assumed to generate 0.2 pounds of BOD per day and 0.2 pounds of TSS per day. The director of public works shall determine if an industrial wastewater is equivalent to domestic sewage and, if so, the equivalent domestic population to be used in the fee calculation. The city council shall approve the director’s determination.

(2) Any industrial user who has a process wastewater which is not equivalent to domestic sewage (see subsection (1) of this section) shall pay a fee to be determined by the director and approved by the city council for the cost of accommodating the waste.

(3) The city reserves the following rights:

(a) To modify the above rates to reflect changes in POTW facilities, labor costs, requirements in the city’s NPDES permit, biosolids land application program, and costs of materials and supplies;

(b) To periodically review the characteristics of an industrial wastewater and modify the fee by council action based on the results of such review. (Ord. 1221 § 1, 1996)