HomeMy WebLinkAboutO-1883 - Temporary sewer restrictions; repeals Ord. 1846 (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.1t:f8':S
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
IMPOSING RESTRICTIONS ON INDUSTRIAL AND COMMERCIAL
DISCHARGES TO THE CITY'S SEWER SYSTEM;ADOPTING A SEPA
POLICY RELATING TO THE CITY'S WASTEWATER TREATMENT
FACILITY;AND REPEALING ORDINANCE 1846.
RECITALS
1.On February 26,1990 the City enacted Ordinance 1763,
and on August 13,1990 the city enacted Ordinance 1795.Both of
said ordinances imposed temporary restrictions on new sewer
connections to the City's sewer system in response to an
emergency condition relating to the capacity and functional
performance of the city's wastewater treatment facility.
2.On May 29,1990 the City entered into a Consent Order
with the Washington State Department of Ecology (DOE)under file
number DE 89-N259.Said Consent Order placed the city on a
schedule for interim upgrading of its wastewater treatment
facility,established restrictive criteria for allowing any new
sewer connections until the wastewater treatment facility is
upgraded,established minimum influent and effluent standards
that could not be exceeded by the wastewater treatment facility,
and imposed penalties for violations by the city,inclUding
monetary fines and a potential ban on any new sewer connections.
3.On June 29,1990 an appeal of the DOE Consent Order was
filed with the Pollution Control Hearings Board of the State of
Washington (PCHB)under case number 90-124.On April 26,1991
the PCHB affirmed the Consent Order but remanded the same with
instructions to·condition said order by adding language which
requires DOE and the City of Marysville to authorize 940 sewer
connections (residential equivalent units)from January 31,1991
until fulfillment of the order.The 940 connections are to be
exempt from any potential sewer ban and may not be diminished but
may,on new and significant information,be increased under the
reopener provisions of the Consent Order.The decision of the
PCHB authorized the City of Marysville,in its sound discretion,
to apportion the 940 exempt sewer connections.
4.As a result of the decision in PCHB number 90-124,the
City and DOE entered into the First Amended Consent Order,and on
June 10,1991 the City adopted Ordinance 1846,which implemented
the decision of the PCHB and apportioned the 940 exempt sewer
connections.
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5.On or about July 25,1991 B.J.Sigler and five other
developers filed a Notice of Appeal of the First Amended Order on
Consent with the Pollution Control Hearings Board seeking to
remove the sewer ban and/or threatened ban provided by the First
Amended Order on Consent and Ordinance 1846,and seeking in the
alternative an increase in the number of sewer connections exempt
from a potential ban.On October 18,1991 the City of Marysville
moved for summary jUdgment dismissing the appeal,and on November
4,1991 the PCHB granted the motion and dismissed the appeal,but
directed the appellant back to the city of Marysville and DOE to
discuss potential relief from the terms of the First Amended
Order on Consent.
6.As a result of meetings in December,1991 and January,
1992,the City and DOE entered into a Second Amended Order on
Consent.The Second Amended Order on Consent recognizes that the
City of Marysville has made significant progress toward the
upgrade of its wastewater treatment plant since the issuance of
the Notice of Violation number DE 89-N259 on February 13,1990.
The Second Amended Order on Consent recognizes 17 major steps
which the City had completed toward addressing the concerns of
DOE and upgrading its wastewater treatment plant.As a result,
the Second Amended Order on Consent provides for new stipulated
facts and scope of work with projected time frames,whereby the
City will continue the upgrade of its wastewater treatment plant
until completed.The Second Amended Order on Consent,while
continuing to impose restrictions on effluent limits,reporting
and monitoring until Phase I of the wastewater treatment plant is
operational,also removes an automatic sewer ban for violation of
such effluent limits and imposes the same conditions for
maintaining adequate capacity as set forth in the city's NPDES
permit number WA-002249-7 as administratively extended by the
DOE.
7.As a result of the Second Amended Order on Consent and
the substantial progress made by the city toward the upgrade of
its wastewater treatment plant,the City finds that it is now
appropriate to eliminate many of the restrictions contained in
Ordinance 1846,while continuing to take measures to protect the
environment and comply with the Second Amended Order on Consent
during the completion of the upgrade to the wastewater,treatment
plant and until issuance of a new NPDES permit.
8.The city finds that it is reasonable and appropriate,
and in the best interest of the City and in the interest of
environmental protection to continue to regulate and control the
discharge of commercial and industrial waste into the City's
sewer system.The city also finds that it is in the public
interest to take measures imposing limitations on industrial and
commercial users in order to reduce the likelihood of exhausting
available capacity in the City's wastewater treatment plant and
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to protect the City,to the greatest extent practicable,from
exceeding the performance standards set forth in the Second
Amended Order on Consent and the NPDES Permit as administratively
extended.
9.The city further finds that it is necessary and
appropriate,consistent with Ordinance 1846,to continue to
recognize the concept of vested rights,while at the same time
providing property owners without vested rights the opportunity
to obtain connections to the city's sewer system.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON,DO ORDAIN AS FOLLOWS:
section 1.Ordinance 1846 Repealed.Except as provided in
section 2.2 of this ordinance,Ordinance 1846,as enacted by the
City council on June 10,1991,and all ordinances amending the
same are hereby repealed for the reason that they are superseded
by this ordinance.
section 2.Sewer Connections.
2.1.As ordered by the Pollution Control Hearings Board on
April 26,1991 under case number 90-124,there shall be 940 new
sewer connections,reconnect ions or increases in meter size
(calculated in terms of residential equivalent units as defined
below)to be authorized from January 31,1991 until fulfillment
of the DOE Consent Order under file number DE 89-N259 as amended.
The sewer connections authorized herein shall be exempt from any
sewer moratorium or any potential moratorium.The term
"residential equivalent unit"(REU)shall mean loading equal to
that contributed by a sewer connection of an average single-
family residence and is equal to 0.6 pounds per day of BODs.
Unless specifically stated otherwise herein,the term "sewer
connection"or "connection"shall mean one REU.
2.2.The Director of the Department of Public Works
("Director")shall grant the 940 new sewer connections,
reconnections and increases in meter size as referenced in
Section 2.1 above,on the same basis and using the same criteria
as provided in sections 3.3 and 3.4 of Ordinance 1846.For
purposes of this ordinance,the provisions of Ordinance 1846
pertaining to the allocation of the 940 connections in section 3
thereof and the concept of vested rights as set forth in section
4 of Ordinance 1846 are adopted by this reference and shall be
continued,notwithstanding the repeal of all other provisions of
Ordinance 1846,until December 10,1992.Thereafter,sewer
connections shall be available on an equal basis to all
applicants who shall meet all prerequisites for approval as
specified by City ordinance or resolution and who have complied
therewith to the full satisfaction of the city.PROVIDED,
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however,this section shall not be construed as limiting the
city's authority to grant sewer connections in excess of 940 •
•
2.3.Notwithstanding the 940 REU's reserved for vested
properties until December 10,1992,all other classes of
properties shall,upon the effective date of this ordinance,be
eligible for new sewer connections,reconnect ions or increases in
meter size,subject only to such restrictions,if any,as may be
applied by the DOE under the City's NPDES permit number
WA-002249-7 as administratively extended.In no event shall the
City grant fewer than 940 REU's.
section 3.Interim Restrictions on Industrial and
Commercial Discharges.All commercial or industrial uses within
the RUSA boundaries shall be sUbject to the following
regulations:
3.1.Industrial Uses.There shall be a maximum discharge of
2.16 lbs.BOD per acre per day for each legal parcel or lot used
for industrial purposes.Provided,however,no single legal
parcel or lot shall be allowed to discharge in excess of 45 lbs.
BOD per day.
3.2.Commercial Uses.There shall be a maximum discharge of
8 lbs.BOD per day for each new connection,reconnection or
increase in meter size to the City sewer main for all commercial
uses.
3.3.The restrictions contained herein shall supersede and
replace any restriction or regulation in Chapter 14.05 of the
Marysville Municipal Code which is inconsistent herewith.
section 4.SEPA Policy.This ordinance is hereby adopted
as a SEPA policy of the City of Marysville.
section 5.Administrative Determinations.Administrative
determinations regarding the interpretation and application of
this ordinance shall be made by the Director.Any aggrieved
party may appeal such a determination to the City Council by
filing a notice of appeal with the city Clerk within ten days
after the date of the determination.The City Council shall
consider the appeal at a pUblic meeting within 30 days
thereafter.The decision of the City Council shall be final,
subject to the right of any aggrieved party to petition the
Snohomish County Superior Court for a writ of Certiorari within
ten calendar days thereafter.
section 6.Variances.The city Council shall have
authority to grant variances from any and all provisions of this
ordinance.The procedures and application fees specified in
section 14.32.060(d)of the Marysville Municipal Code shall
apply.The grounds for a variance from this ordinance shall be:
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".'
6.1.unique hardship status that was not self-generated;or
elimination of existing health hazards as certified by the
Snohomish Health District or a qualified sanitarian;and
6.2.No significant quantity of sewage shall be discharged
into the City's sewer system,and no significant organic loading
will be discharged into the City's sewer system;and
6.3.No material detriment will result to public health or
welfare or to the environment;and
6.4.No violation of the Second Amended Order on Consent
will result.
In emergency cases only,where there is found to be an
immediate health hazard due to a failed or inoperable septic
system,the Director of Public Works shall have authority to
administratively grant variances sUbject to the same criteria set
forth in sections 6.1 through 6.4 above.Any person denied a
variance by the Director shall have the right to appeal the
matter to the city Council within thirty (30)days of the
Director's written decision.
section 7.Duration.This ordinance shall automatically
terminate and be of no further force and effect at such time as
the city's wastewater treatment plant upgrade is completed and a
new NPDES permit is issued by the DOE,unless extended and/or
amended and/or repealed earlier by action of the City Council
following pUblic notice and hearing.
section 8.Severability.The provisions of this ordinance
are severable.If any provision of this ordinance or its
application to any person,property or circumstances is held
invalid,such invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without
the invalid provisions or application.
~ASSED by the city Council and APPROVED by the Mayor this:J 3'"day of fY\arv6 ,1992.
CITY OF MARYSVILLE
By tlaw;kJffied
Mayor
Attest:
By~9Oi&k,City Clerk
ORDINANCE - 5
·.
Approved as to form:
By ~~(J~
>City Attorney
Date of Publication:3-25'-92
Effective Date (5 days after publication):
ORDINANCE - 6