HomeMy WebLinkAboutO-2072 - Wastewater pretreatment (14.20)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCENO.M d-
AN ORDINANCEOF THE CITYOF MARYSVILLE ADOPTINGA
COMPREHENSIVE PRE-TREATMENT ORDINANCEAND
ESTABLISHING GENERAL PROVISIONS AND REQUIREMENTS,
WASTEWATER DISCHARGE AUTHORIZATION REQUIREMENTS,
REPORTING,SAMPLING AND ANALYTICAL REQUIREMENTS,
COMPLIANCEMONITORING,CONFIDENTIAL INFORMATION,
ADMINISTRATIVE ENFORCEMENT REMEDIES,JUDICIAL
ENFORCEMENT REMEDIES,SUPPLEMENTAL ENFORCEMENT
ACTION,AFFIRMATIVE DEFENSES,AND MISCELLANEOUS
PROVISIONS.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS:
SECTION I -GENERAL PROVISIONS
I.I Purpose and Policy
This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment
Works (POTW)for the City of Marysville,and enables the City to comply with all
applicable State and Federal laws,includlnq the Clean Water Act (33 USC 1251 et seq.).
The objectives of this ordinance ore:
A. To prevent the introduction of pollutants into the POTW that will intertere 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
incompatibie with the POTW;
C.To ensure that the quality of the wastewater treatment plant biosolids is
maintained at a level which allows its use and disposal in compliance with
applicabie statutes and regulations:
D. To protect POTW personnel who may be affected by wastewater,wastewater
solids,and biosolids in the course of their employment and to protect the general
public:
E.To improve the opportunity to recycle and reclaim wastewater and biosolids from
the POTW;
This ordinance shall apply to all users of the POTW.The ordinance authorizes the
issuance of wastewater discharge authorizations;authorizes monitoring,compliance,
and enforcement activities;establishes administrative review procedures;requires user
reporting;and provides for the setting of fees for the equitable distribution of costs
resuiting from the program established herein.
1.2 Administration
Except as otherwise provided herein. the Director shall administer.implement.and
enforce the provisions of this ordinance.Any powers granted to or dufies imposed upon
fhe Direcfor may be delegated by the Director to other Cify of Marysville personnel.
1.3 Definitions
Unless a provision explicitly states otherwise,the following ferms and phrases, as used in
this ordinance,shall have the meanings hereinafter designated.
A.Act or "the Act". The Federal Water Pollution Control Act.also known as the Clean Water
Act.as amended,33 U.S.C.1251 et seq.
B.Administrative Penalty (fine!. A punitive monetary charge unrelated to treatment cost.
which isassessed by the Director rather than a court.
C.Applicable Pretreatment Standards. For any specified pollutant,Marysville prohibitive
standards,Marysville specific pretreatment standards (Iocai limits), State of Washington
pretreatment standards,or EPA's Categorical Pretreatment Standards (when effective),
whichever standard is appropriate and most stringent.
D.Approval Authority.The state of Washington Department of Ecology.
E.Authorized Representative of the User.
(1) If fhe userisa corporafion:
(a) The president.secretary,treasurer, or a vice-presidenf of fhe
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 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 isa 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
authorized designee.
(4) The individuals described in paragraphs 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.
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F.Best Management Practices IBMPs)means schedules of activities.prohibitions of
practices,maintenance procedures,and other management practices to prevent or
reduce the pollution of "waters of the United States."BMPs also include treatment
requirements,operating procedures,and practices to control plant site runoff,spillage or
leaks,sludge or waste disposal, or drainage from raw material storage.
G.Biochemical Oxygen Demand (BODI. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5)days at 20°
centigrade,usually expressed as a concentration [milligrams per liter (mg/I)].
H.Categorical Pretreatment Standard or Categorical Standard.Any regulation containing
pollutant discharge limits promulgated by the U.S.EPA in accordance with Sections
307(b)and (c) of the Act (33 U.S.C.1317)which apply to a specific category of users and
which appear in 40 CFR Chapter I,Subchapter N, Parts405-471.
I.Categorical User.A user covered by one of EPA's Categorical Pretreatment Standards.
J.Chemical Oxygen Demand (COOl. A measure of the oxygen consuming capacity of
inorganic and organic matter present in wastewater.COD is expressed as the amount
of oxygen consumed from a chemical oxidant in mg/l during a specific test.
K. City. The City of Marysville,Washington.
l.Cooling WaterlNon-Contact Cooling Water.Water used for cooling which does not
come into direct contact with any raw material,intermediate product.waste product,or
finished product.Cooling water may be generated from any use, such as air
conditioning,heat exchangers,cooling or refrigeration to which the only pollutant
added is heat.
M.Color.The optical density at the visual wave length of maximum absorption,relative to
distilled water.One-hundred percent (100%)transmittance is equivalent to zero (0.0)
optical density.
N.Composite Sample.The sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either flow or time.
O.Director.The Director of the City of Marysville PUblic Works Department.or his duly
authorized representative.
P.Discharge Authorization.See Wastewater Discharge Authorization.
Q.Domestic User (Residential Userl. Any person who contributes,causes, or allows the
contribution of wastewater into the City POTW that is of a similar volume and/or
chemical make-up as that of a residential dwelling unit. Discharges from a residential
dwelling unit typically include up to 100 gallons per capita per day at 220 mg/l of BOD
and TSS.
R.Environmental Protection Agency (EPAI.The U.S.Environmental Protection Agency or,
where appropriate,the Regional Water Management Division Director,or other duly
authorized official of said agency.
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S.Existing Source. For a categorical industrial user,an "existing source" is any source of
discharge,the construction or operation of which commenced prior to the publication
by EPA 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.
T.Existing User.For non-categorical users an "existing user" is defined as any user which is
discharging wastewater prior to the effective date of this ordinance.
U. Fats, Oils and Grease (FOGl. The term fats, oils,and grease shall mean those
components of wastewater amenable to measurement by the methods described in
Standard Methods for the examination of Water and Wastewater,19th edition,1992:
Section 5520. The term Fats, Oils And Grease shall include polar and non polar fats, oils,
and grease.
V.Grab Sample.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.
W. High Strength Waste. Any waters or wastewater having a concentration of BOD or Total
Suspended Solidsin excess of 220 mglL.
X.Indirect Discharge or Discharge.The introduction of pollutants into the POTW from any
non-domestic 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.
Y.Interference.A discharge which alone or in conjunction with a discharge or discharges
from other sources, either: (1) inhibits or disrupts the POTW,its treatment processes or
operations:(2) inhibits or disrupts its biosolids (sludge) processes, use or disposal: or (3) isa
cause of a violation of the City's NPDES authorization or of the prevention of sewage
sludqe use or disposal in compliance with any of the following statutoryl regulatory
provisions or authorizations issued thereunder:Section 405 of the Clean Water Act;the
Solid Waste Disposal Act (SWDA),including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA):any State regulations contained in any State
sludge management plan prepared pursuant to Subtitle 0 of the SWDA:the Clean Air
Act:the Toxic Substances Control Act:and the Marine Protection,Research,and
Sanctuaries Act.
Z.Local Discharge Limitations.Enforceable local standards developed by the City of
Marysville. The standards are expressed in units of concentration as milligrams of
pollutant per liter of solution.
AA.Maximum Allowable Discharge Limit. The maximum concentration (or loading)of a
pollutant allowed to be discharged at any time.
AB.Medical Wastes. Isolation wastes,infectious agents,human blood and blood products,
pathological wastes, sharps,body parts,contaminated bedding,surgical wastes,
potentially contaminated laboratory wastes,and dialysiswastes.
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AC.New Source.
(1) Any bUilding, structure,facility,or installation from which there is (or may be) a
discharge of pollutants,the construction of which commenced after the
publicctlon of proposed pretreatment standards under Section 307(c) of the Act
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section,provided that:
(a) The building,structure,facility,or installation is constructed at a site at
which no other source is located;or
(b) The building,structure,facility,or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an
existing source;or
(c) The production or wastewater generating processes of the building,
structure,facility,or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent factors such as the extent to which the new
facility is integrated with the existing plant,and the extent to which the
new facility is engaged in the same general type of activity as the existing
source should be considered.
(2)Construction on a site at which an existing source is located results in a
modification rather than a new source, if the construction does not create a new
building,structure,facility,or installation meeting the criteria ot Section (1)(b) or
(c)above but otherwise alters,replaces,or adds to existing process or production
equipment.
(3)Construction of a new source as detined under this paragraph has commenced if
the owner or operator has:
(a) Begun, or caused to begin as part of a continuous on-site construction
program;
(i)any placement,assembly, or installation of facilities or equipment:
or
(ii)significant site preparation work including clearing,excavation,or
removal of existing buildings, structures, or facilities which is
necessary for the placement,assembly, or installation of new
source facilities or equipment;or;
(b) Entered into a binding contractual obligation for the purchase of facilities
or equipment which are intended to be used in its operation within a
reasonable time. Options to purchase or contracts which can be
terminated or modified Without substantial loss,and contracts for
feasibility,engineering,and design studies do not constitute a contractual
obligation under this paragraph.
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AD.New User.A "new user'is not a "new-source"and is defined as a user that applies to the
City for a new building permit or any person who occupies an existing building and plans
to discharge wastewater to the City's collection system after the effective date of this
ordinance.Any person that buys an existing facility that is discharging non-domestic
wastewater will be considered an "existing user'if no significant changes are made in the
operation.
AE.Pass Through. A discharge which exits the POTW into waters of the United States in
quantities or concentrations which,alone or in conjunction with a discharge or
discharges from other sources, isa cause of a violation of any requirement of the City's
NPDES authorization (including an increase in the magnitude or duration of a violation).
AF. Person. Any individual,partnership,co-partnership,firm,company,corporation,
association,joint stock company,trust,estate,governmental entity,or any other legal
entity,or their legal representatives,agents,or assigns.This definition includes all Federal,
State, or local governmental entities.
AG.00.A measure of the acidity or alkalinity of a substance,expressed in standard units.
AH.Pollutant.Any dredged spoil, solid waste,incinerator residue,sewage,garbage,sewage
sludge,munitions,medical wastes,chemical wastes.biological materials,radioactive
materials,heat,wrecked or discharged equipment,rock, sand,cellar dirt,agricUltural
and industrial wastes,and the characteristics of the wastewater [I.e., pH,temperature,
TSS,turbidity,color,BOD,Chemical Oxygen Demand (COD),toxicity,or odor].
AI.Pretreatment.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).
AJ.Pretreatment Reguirements. Any substantive or procedural requirement related to
pretreatment imposed on a user,other than a pretreatment standard.
AK.Pretreatment Standards or Standards.Pretreatment standards shall mean prohibited
discharge standards,categorical pretreatment standards,and local limits established by
the City (POTW).
AL.Prohibited Discharge Standards or Prohibited Discharges.Absolute prohibitions against
the discharge of certain substances;these prohibitions appear in Sections 2.1 (A)and (B)
of this ordinance.
AM. Publicly Owned Treatment Works (POTWl.A "treatment works," as defined by Section 212
of the Act (33 U.S.C.1292)which is owned by the City.This definition includes all devices
facilities, or systems used in the collection,storage,treatment.recycling,and
reclamation of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.The term also means the City of
Marysville Wastewater Treatment Plant.
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AN.Recreational Vehicle Waste tRV Waste), Any domestic and/or residential wastes from
holding tanks on private recreational vehicles,including travel trailers,pickup truck
mounfed campers and mobile domestic single-family recreational vehicles.This
category does not include tour busses and public transportation vehicles.This category
does not include wastes from vehicles which collect wastewater from holding tanks.
AO.Septic Tank Waste. Any domestic and/or residential sewage from holding tanks such as
vessels,chemical toilets,and septic tanks.
AP.Sewage.Human excrement and gray water (household showers,dishwashing
operations,etc.)
AQ. Sewer. Any pipe,conduit ditch,or other device used to collect and transport sewage
from the generating source.
AR. Shall.May."Shall"is mandatory,"may"ispermissive.
AS.Significant Industrial User (SIU),
(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,non-contact cooling,and boiler blowdown
wastewater);or
(b)Contributes a process wastestream which makes up five (5)percent or
more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant;or
(c)Is designated as such by the City on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in SUbsection two (2) has no
reasonable potential for adversely affecting the POTW's operation or for violating
any applicable pretreatment standard or requirement,the City may at any time,
on its own initiative or in response to a petition received from a user,determine
that such user should not be considered a significant industrial user.
AT.Slug Load.Any discharge at a flow rate or concentration which could cause a violation
of the discharge standards in Section 2.1 through 2.4 of this ordinance or any discharge
of a non-routine,episodic nature,including but not limited to,an accidental spill or a
non-customary batch discharge,or any discharge greater than or equal to five (5) times
the amount or concentration allowed by authorization or this ordinance.
AU.Standard Industrial Classification (SIC!Code.A classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and
Budget.
AV. State. The State of Washington.
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AW. Storm Water.Any tlow occurring during or tollowing any form of natural precipitation,
and resulting from such precipitation,including snowmelt.
AX. Total Suspended Solids.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.
AY. Toxic Pollutant.One of the pollutants,or combination of those pollutants,listed as toxic in
regulations promulgated by EPA under Section 307 (33 U.S.c. 1317) of the Act,or other
pollutants as may be promulgated.
AZ.Treatment Plant Effluent. The discharge from the POTW into waters of the United States.
BB.Treatment Works.SEE PUBLICLY OWNED TREATMENT WORKS (POTW).
BC. User or Industrial User.A source of indirect discharge.The source shall not include
"domestic user" as defined herein.
BD.Wastewater.Liquid and water-carried industrial wastes and sewage from residential
dwellings,commercial buildings,industrial and manufacturing facilities,and institutions.
whether treated or untreated,which are contributed to the POTW.
BE.Wastewater Discharge Authorization.An authorization or equivalent control document
issued by the City to users discharging wastewater to the POTW.The authorization may
contain appropriate pretreatment standards and requirements as set forth in this
ordinance.
BF.Wastewater Treatment Plant or Treatment Plant. That portion of the POTW which is
designed to provide treatment of municipal sewage and authorized industrial waste.
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.
1.4 Abbreviations
The following abbreviations shall have the designated meanings:
AKART AII Known Available and Reasonable Technology
ASPP Accidental Spill Prevention Plan
BMPs Best Management Practices
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
EPA U.S.Environmental Protection Agency
FOG Fats,Oils,and Grease
gpd gallons per day
1 .Iiter
LEL Lower Explosive Limit
mg milligrams
mg/I milligrams per liter
NPDES National Pollutant Discharge Elimination System
O&M Operation and Maintenance
POTW Publicly Owned Treatment Works
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RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classifications
SWDA Solid Waste Disposal Act (42 U.s.C. 6901.et seq.)
TSS Total Suspended Solids
USC Unifed Stafes Code
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SECTION 2 -GENERAL REQUIREMENTS
2.1 Prohibited Discharge Standards
A.General Prohibitions: No user shall introduce or cause to be introduced into the
POTW any pollutant or wastewater which causes pass through or interference.
These general prohibitions apply to all users of the POTW whether or not they are
subject to categorical pretreatment standards or any other National.State. or
local pretreatment standards or requirements.
B.Specific Prohibitions: No user shall introduce or cause to be introduced into the
POTW the following pollutants.substances.or wastewater:
(1) Pollutants which create a fire or explosive hazard in the POTW.including.
but not limited to.wastestreams with a closed-cup flash point of less than
140°F (60°C) using the test methods specified in 40 CFR 261 .21 :
(2)Wastewater having a pH less than 5.5 or more than 10.0.or otherwise
causing corrosive structural damage to the POTW or equipment:
(3) Solid or viscous substances in amounts which will cause obstruction of the
flow in the POTW resulting in interference but in no case solids greater than
one quarter inch(es) (1/4"):
(4) Pollutants.including oxygen-demanding pollutants (BOD. COD.etc.).
released in a discharge at a flow rate and/or pollutant concentration
which.either singly or by interaction with other pollutants.will cause
interference with the POTW;
(5)Wastewater having a temperature Which will inhibit biological activity in
the treatment plant resulting in interference.but in no case wastewater
which causes the temperature at the introduction into the treatment
plant to exceed 104°F (40°C) unless the Director.upon the request of the
user.approves alternate temperature limits. In no case shall wastewater
having a temperature greater than 150°F be discharged to the collection
system;
(6)Petroleum oil.non-biodegradable cutting oil. solvents. or products of
mineral oil origin. in amounts that will cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases. vapors. or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems:
(8) Trucked or hauled pollutants.including sanitary wastes and grease wastes.
unless authorized by the Director:
(9) 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;
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(10)Wastewater which imparts color which cannot be removed by the
treatment process, such as,but not limited to,dye wastes and vegetable
tanning solutions,which consequently imparts color to the treatment
plant's effluent,thereby violating the City's NPDES authorization.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 ten percent (10%)from the seasonably established norm for
aquatic life;
(11)Wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Director in compliance with applicable State
or Federal regulations;
(12) Storm water,surface water,ground water,artesian well water,roof runoff,
subsurface drainage,swimming pool drainage,condensate,deionized
water,non-contact cooling water,and unpolluted wastewater,unless
specifically authorized by the Director;
(13) Any sludges, screenings, or other residues from the pretreatment of
industrial or commercial wastes or from industrial or commercial
processes,except as authorized by the Director;
(14)Medical wastes,except as specifically authorized by the Director;
(15)Wastewater causing,alone or 'in conjunction with other sources,the
treatment plant's effluent to fall a toxicity test:
(16)Detergents,surface-active agents,or other substances which may cause
excessive foaming in the POTW;
(17)Any liquid,solids, or gases Which by reason of their nature or quantity are,
or may be,sufficient either alone or by interaction with other substances
to cause fire or explosion or be injuriousin any other way to the POTW or to
the operation of the POTW.At no time shall two (2)successive readings
on an explosion meter,at the point of discharge into the system (or at any
point in the system),be more than five (5%)per cent nor any single
reading over ten (10%)per cent of the lower explosive limit (LEL)of the
meter;
(18)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,Styrofoam,wood,plastics, gas,tar
asphalt residues, residues from refining or processing of fuel or lubricating
oil,mud,or glass grinding or polishing wastes;
(19) Any substance which will cause the POTW to violate its NPDES and/or
other disposal system permits;
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(20) Any wastewater,which in the opinion ot the Director can cause harm
either to the sewers,sewage treatment process, or equipment;have an
adverse effect on the receiving stream;or can otherwise endanger life,
limb,public property,or constitute a nuisance,unless allowed under
special agreement by fhe Director (except that no special waiver shall be
given from categorical pretreatmenf standards);
(21) The contents of any tank or other vessel owned or used by any person in
the business of collecfing or pumping sewage,effluent.septage,or other
wastewater;
(22) Any hazardous or dangerous wastes as defined in rules published by the
State of Washington (WAC 173-303)and/or in EPA rules 40 CFR Part 261;
(23) Persistent pesticides and/or pesticides regulated by the Federal
Insecticide Fungicide Rodenticide Act (FIFRA);
(24)Any slug load;
(25) Any substance which may cause the POTW's effluent or treatment
residues, sludges, or scums to be unsuitable for reclamation and reuse, or
to interfere with the reclamation process;
(26)Fats,oils and grease in amounts that may cause obstructions or
maintenance problems in the collection/conveyance system, or
interference in the POTW;
(27)Waste antifreeze (Ethylene Glycol.etc.).
(28) Flow from an individual industrial facility in excess of 120,000 gpd without
written permission of the Director.
(29)BOD or TSS from an individuai industrial or commercial facility in excess of
750 mg/I measured at the point of connection with the City system.
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.
2.2 Federal Categorical Pretreatment Standards
The National categorical pretreatment standards found at 40 CFR Chapter I.Subchapter
N,Parts 405-471 are incorporated herein by reference as if set forth in full in this
ordinance.
2.3 State Requirements
State requirements and limitations on discharges to the POTW 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 ordinance or other applicable
ordinances.
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2.4 Local Discharge Limitations
The following discharge limitations are established to prevent site-specific treatment
plant and environmental problems.The local discharge limitations under this section are
in force for all non-domestic users of the City's wastewater treatment plant.Local
Discharge Limitations for the City are established using the Allowable Headworks Loading
Mefhod in accordance with the tollowing EPA documents:
(1)Guidance Manual on the Development and Implementation ot Local Discharge
Limitations under the Pretreatment Program (1987).
(2)Supplemental Manual on the Development and Implementation of Local
Discharge Limitations Under the Pretreatment Program (1991).
(3)PRELIM Version 4.0 Users Guide (1991).
The following local discharge limitations are based on a technical analysis of the total
loading of pollutants to the Snohomish River watershed and the requirements of the
Washington State Water Quality Standards (Chapter 173-201 A WAC). Biosolids protection
criteria in accordance with 40 CFR part 503 final rule signed November 25, 1993. The
technical report used in the derivation of the local discharge limitations as established
herein are available from the Director.Wastewater containing total recoverable metals
in concentrations exceeding these local discharge limitations shall not be discharged to
the City's collection system or treatment works.
LOCAL DISCHARGE LIMITATIONS
24-Hr. Flow Proportional
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Zinc
Cyanide
Silver
Composite Sample
0.71 mgtl
0.7 mgtl
1.47 mgtl
0.50 mgtl
0.52 mgtl
0.1 mgtl
1.48 mgtl
1.67mgtl
TBD
0.47 mgtl
TBD =To be determined upon completion of testing and analysis.
Local discharge limitations apply at the point where wastewater is discharged to the
collection system for all users.Local discharge limitations are in force at all monitoring
facilities required under subsection 6.2 of this ordinance.The Director,at his option,may
elect to have local discharge limitations apply after pretreatment and prior to mixing
with other wastewater generated within an individual industrial facility.
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Local discharge limitations are expressed in units of milligrams of contaminant per liter of
solution. The total mass or concentration of the constituent ion shall be Iimifed under
these maximum allowable discharge limitations without regard to oxidation state or
chelation status. Where the user is subject to a categorical pretreatment standard or a
specitic discharge limitation under a State Waste Discharge authorization.the more
stringent limit or pretreatment standard shall apply.
2.5 Petroleum Contaminated Groundwater
Persons seeking to discharge petroleum contaminated groundwater to the collection
system or treatment works shall obtain a State Waste Discharge Permit tor the proposed
action in accordance with Chapter 173-216 WAC. The City reserves the right to impose
more stringent requirements on the proposed discharge.Prior to discharging petroleum
contaminated groundwater to the collection system or treatment works, a written
discharge authorization shall be obtained trom the City of Marysville in accordance with
Section 3 ot this ordinance.
No petroleum contaminated groundwater shall be discharged to the City's collection
system or treatment plant except in accordance with a written discharge authorization
from the Director.Persons requesting authorization to discharge petroleum
contaminated groundwater to the POTW shall accompany the written request with a
detailed engineering report signed by a professional engineer licensed in the state of
Washington.The report shall detail the pretreatment technology proposed for the
subject discharge.In addition,detailed intormation shall be submitted on the rate,
duration and volume ot flow proposed for treatment at the POTW.User charges for
treatment of petroleum contaminated groundwater shall be determined by the Director.
The Director,at his option,may refuse to authorize discharge of any or all petroleum
contaminated groundwater.
2.6 City's Right of Revision
The City reserves the right to establish, by ordinance or in an amended application,more
stringent standards or requirements on discharges to the POTW.
2.7 Special Agreement
The City may enter into agreements with Significant Industrial Users to accept
conventional pollutants compatible with the treatment system at concentrations greater
than those typical of domestic wastewater.Users with BOD or TSS levels higher than 220
mg/I must have a written 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. The City may also establish fees to recover costs
associated with treating such wastes and the cost of monitoring to verify operation in
accordance with agreements.
The adoption of fees shall be in accordance with Section 12 of this ordinance.In no
case shall the discharge of conventional pollutants be allowed where the strength of
such pollutants exceeds 750 mg/I BOD or 750 mg/I TSS.
The City may also establish user group classifications for the purpose of establishing an
equitable rate structure. User groupings will be based on wastewater strength measured
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by the conventional tests for BOD and TSS.Non-domestic userswill be assigned to user
groups in accordance with a standard schedule developed by the City based on typical
waste strength for BOD and TSS.In no case shall a user group be established where BOD
andtor TSS exceeds 750 mgtl.
Non-domestic users may be assigned to user groups in accordance with the
determination of the Director.These non-domestic users may discharge wastewater to
the treatment works without a written agreement.However,the user fees applicable to
the assigned user group classification must be paid in accordance with the current rate
structure adopted by the City. In no case shall the conventional waste strength of any
user group classification exceed 750 mgtl BOD or 750 mgtl TSS.
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.These cases will be handled on a case-by-case basis by
the Director.Written approval is required prior to introducing such wastes into the
treatment works.Appropriate fees may apply in accordance with the determination of
the Director.
In no case will a special agreement waive compliance with state or federal
pretreatment requirements or standards,including Categorical Standards.
2.8 Dilution
User shall not increase the use of process water.or in any way attempt to dilute a
discharge,as a partial or complete substitute for adequate treatment to achieve
compliance with an applicable pretreatment standard or requirement unless expressly
authorized by an applicable pretreatment standard or requirement.The Director may
impose mass limitations on users which he believes may be using dilution to meet
applicable pretreatment standards or requirements,or in other cases when the
imposition of mass limitations is appropriate.
2.9 General Pretreatment Facilities
Users shall provide all known,available,and reasonable methods of prevention,control.
and treatment (AKART)as required to comply with this ordinance and shall achieve
compliance with all applicable pretreatment standards and requirements set out in this
ordinance within the time limitations specified by the EPA,the State, or the Director,
whichever is more stringent.
Any facilities required to pretreat wastewater to a level acceptable to the City shall be
provided,operated,and maintained at the user's expense.
In addition,the Director may establish Best Management Practices (BMPs)for particular
groups of users.These BMPs may include,but are not limited to types or methods of
pretreatment technology to be used,methods of source control,minimum maintenance
requirements,dragout prevention practices,good housekeeping,spill prevention
practices,or other requirements as deemed necessary.
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When required by the Director,an engineering report,including detailed plans showing
the pretreatment facilities and operating procedures shall be submitted to the City for
review,and shall be acceptable 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 an acceptable discharge
to the City under the provisions of this ordinance.
Within ninety (90) days after the completion of the wastewater pretreatment facility,the
discharger shall furnish as built drawings and its operations and maintenance
procedures.Any subsequent significant changes in the pretreatment facility or method
of operation shall be reported to and approved by the Director prior to the initiation of
the changes.
New sources,and new users determined to be Significant Industrial Users (SIU's)must have
pretreatment facilities installed and operating prior to discharge,if required.
2.10 Deadline for Compliance with Applicable Pretreatment Requirements (see Section 4.4 for
compliance schedule requirements)
A.Compliance by existing sources (categorical users)covered by Categorical
Pretreatment Standards shall be as specified in the appropriate Standard.The
City shall establish a final compliance deadline date for any categorical user
when the local limits for said user are more restrictive than EPA's Categorical
Pretreatment Standards.The City may establish a final compliance deadline
date for any existing user not covered by Categorical Pretreatment Standards.
B.New source dischargers,and "new users"that are determined to be Significant
Industrial Users (SIU's),are required to comply with applicable pretreatment
standards within the shortest feasible time as determined by the Director (not to
exceed 90 days from the beginning of discharge).New Sources,and "new users"
that are determined to be Significant Industrial Users (SIU's),shall install and have
in operating condition,and shall "start-up" all pollution control equipment
required to meet applicable pretreatment standards before beginning to
discharge.
C. Any wastewater discharge authorization issued to a categorical user shall not
contain a compliance date beyond any deadline date established in EPA's
Categorical Pretreatment Standards.
D. Any other existing user that is considered to be an SIU,or a categorical user that
must comply with a more stringent local limit,which is in non-compliance with
any local limits shall be provided with a compliance schedule to insure
compliance within the shortest time feasible.A compliance schedule may be
included in the subject user's discharge authorizafion.In no case shall
compliance with the City's local discharge limitation exceed two (2) years from
the date of adoption of a said limit by the City.
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E.All existing commercial and industrial users not determined by the Director to be
Significant Industrial Users (SIU's)shall have one (1)year to comply with the
requirements of this ordinance.Users not considered as Significant Industrial Users
may request in writing an extension of the requirement for compliance.Such
extensions will be authorized by the Director only for good cause.An extension of
the compliance deadline is valid only upon receiving written authorization from
the Director.
F.A specific compliance schedule for pretreatment facilities for sources of fats, oils
and grease is included in Parf 2.12 of this section.
G.Contracts between the City of Marysville and any user or sewer utility customer
that are in existence on the effective date of this ordinance shall remain in full
force and effect until the termination date of such contract.Each section and
subsection of this ordinance that is not in direct conflict with an existing contract
shall become in effect immediately upon the effective date of this ordinance.
Application and enforcement of any section or subsection that isin direct conflict
with existing contracts sholl be deferred for the duration of the existing contract.
Where specific requirements of this ordinance are not specifically prohibited or
addressed under the requirements of an existing contract,the presumption shall
be that an existing contract allows imposition and enforcement of the specific
requirements of this ordinance.Where an existing contract isin conflict with any
state or federal regulation or standard,the subject contract shall be
renegotiated so that compliance with the state and federal requirements is
achieved.Contracts not in conformance with this ordinance or any state or
federal regulation or standard shall not be renewed without modifications to
bring such contracts into compliance therewith.
2.11 Pretreatment facilities for Fats,Oils and Grease (FOG)
A.General
(1) It shall be unlawful for any food service establishment or other person to
discharge,or cause to be discharged,processing wastewater to the
collection system or POTW which contains oils, greases, solids, or liquids
sufficient to cause obstruction or otherwise interfere with the proper
operations of the POTW or collection system.
(2) It shall also be unlawful for any food service establishment or other person
to dispose of any grease waste or processing waste containing oils,
greases, solids, or liquids and discharge said waste into any drainage
piping,public or private sanitary sewer, storm drainage system,sufficient
to interfere with the proper operation of that system, or to discharge said
waste to any land,street.public way,river, stream, or other waterway.
(3) It shall further be unlawful for any person to allow liquid waste to
accumulate on his property or in his possession which isinjurious to public
health or emits offensive odors.
(4)It shall be unlawful for any person to utilize any chemical emulsifying
agent for the purpose of hindering or eliminating the interception of fats
or grease prior to entering the City's wastewater collection system.
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(5) Food service establishments and other facilities described in Part D of this
section discharging wastewater shall install,operate,clean,and maintain
a sufficiently sized oil and grease,wafer and solids separator (herein
called grease interceptor)necessary to achieve compliance wifh
requirements set forth under this provision.
(6)ti)Oil or grease of pefroleum or mineral origin shall nof be discharged
fo fhe City's sewer system af a concentration in excess of 100mg/1.
(ii)Fats,oil or grease of animal or vegetable origin shall not be
discharged fo fhe City's sewer system at a concentration in excess
of 100mg/1.
(7) The concentration of oils and grease shall be measured in samples faken
from the sampling chamber following pretreatment in an approved
grease interceptor in accordance with the requiremenfs of this section.
Oil and grease concentration shall be measured using the Partition-
Gravimetric method or the Partition-Infrared method outlined in the latest
edition of Standard Methods for the Examination of Water and
Wastewater,published by the American Public Health Association.
B. Waste Discharge Requirements
Waste discharge from fixtures and equipment in esfablishments fhat may contain
grease,including but not limifed to, scullery sinks,pof and pan sinks,vent hood
drains,dishwashing machines,soup kettles and floor drains located in areas
where grease containing materials may exist,may be drained into fhe sanifary
sewer only affer such discharges are pretreafed in an approved grease wasfe
intercepfor in accordance wifh this section.
No sanitary wastes from toilets, urinals, or other similar fixtures may be discharged
through any grease waste interceptor.All wastes shall enter the interceptor
through the inlet pipe only. The wholesale shredding of food wastes into any
fixture which discharges to a grease waste interceptor is prohibited.
C.Location
Each grease interceptor shall be so installed and connected thaf it shall be at all
times easily accessible for inspecfion,cleaning,and fhe removal of the
intercepted grease.A grease interceptor may not be installed in any part of a
building where food is handled.Location of the interceptor shall meet the
approval of the Director.
Interceptors shall be placed as close as practical to the fixture(s)they serve.
Each business establishment for which a grease interceptor is required shall have
an interceptor which shall serve only that establishment.
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D.Pretreatment Required
Dischargers who operate newly constructed or remodeled restaurants,meat
cutting facilities,cafes,lunch counters,bakeries,cafeterias,bars, or clubs; or
hotel,hospital.sanitarium,factory or school kitchens; or other establishments that
serve or prepare food where grease may be introduced to the sewer system shall
have pretreatment facilities to prevent the discharge of fat waste, oil, or grease.
Dischargers who operate automatic and coin-operated laundries,car washes,
filling stations,commercial garages or similar businesses having any type of
washing facilities (including pressure washing and steam cleaning)or any other
dischargers producing grit, sand, oils,lint.or other materials which have the
potential of causing partial or complete obstruction of the building site sewer or
other areas in the POTW shall install approved interceptors,oil/water separators,
or tanks in accordance with specifications adopted by the City of Marysville such
that excessive amounts of oil, sand and inert solids are effectively prevented from
entering the POTW.
E.Design
Grease interceptors shall be multiple compartment flotation chambers where
grease floats to the water surface and is retained while the clear water
underneath is discharged.The clear water discharged isSUbject to the discharge
prohibitions of part 2.11 A of this ordinance.
The grease interceptor shall be followed by a sampling compartment to allow for
monitoring of discharges from the pretreatment unit. The geometry of the
sampling compartment shall be in accordance with City of Marysville standard
plan for grease interceptors available at the utility department.Interceptors shall
have fittings designed for grease retention.
There shall be an adequate number of manholes to provide access for cleaning
and maintenance of all areas of the interceptors;a minimum of one (1)manhole
per ten (10)feet of interceptor length.Manhole covers shall be gas-tight in
construction,and have a minimum opening dimension of twenty (20) inches.
F.Sizing Criteria
Sizing formula.Thesizeof the grease interceptor shall be determined by using the
following formula;seating capacity or the number of means served per peak
hour,Whichever is greater x 6.0 gallons x 2.5 hours x storage factor =interceptor
sizein gallons.
Storage factor shall be as follows;Facilities open less than 16 hours =1
Facilitie's open for 16 hours or more =2
Facilities open for 24 hours =3
In cases of certain fast food restaurants or establishments with the potential to
discharge large quantities of oils, grease, solids or wastewaters,larger capacities
of grease interceptors may be required.Pre-packaged or manufactured grease
interceptors may be approved by the Director with proper engineering and
application review.
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G. Source Control
All food establishments which deep fry,pan fry or otherwise generate liquid or
semisolid restaurant grease shall maintain a container on-site for containment of
liquid and semisolid grease wastes.This liquid or semisolid grease shall be
transported to an approved rendering plant.In no case shall free liquid grease
be disposed of directly into fixtures which are connected to the sewer system.
Unused butter,margarine,or other solid grease products shall not be discharged
to the sewer system through garbage disposals or other means. No exceptions to
the prohibitions of this paragraph are allowed for fixtures which discharge to the
sewer system through an approved grease interceptor.Hauling and recycling of
restaurant grease shall be accomplished at a facility holding a State Rendering
Permit.
H.Additives
The use of any additive,such as enzymes,chemicals,or bacteria,as a substitute
for grease interceptors or the maintenance of grease interceptors is prohibited.
The use of additives as a supplement to grease interceptors may be authorized
by the Director.The Director will provide a specific written protocol for testing of
additives proposed for use as supplements for grease interceptor or sewer line
maintenance.Completion of the testing protocol to the satisfaction of the
Director at the expense of the grease generator is required prior to use of any
additive.A written authorization from the Director shall be obtained after
completion of the testing protocol to verify that no objection is taken to the use
of the proposed additive.In no case shall any additive which emulsifies fats, oils
or grease be used. The City will provide a written test procedure for
determination of emUlsifying agents.
I.Grease interceptor maintenance
Each facilify required to install and maintain a grease waste interceptor under this
ordinance shall provide regular maintenance of said interceptor to the
satisfaction of the Director in an accordance with the requirements set forth in
this ordinance.
Each person who removes grease waste from the grease interceptor shall, to the
extent technically and mechanically possible,remove the entire content of the
grease interceptor.
(1)Pumping:All grease interceptors shall be maintained by the user at the
user's expense.Maintenance shall include the complete removal of all
contents:including floating materials,wastewater,and bottom sludges
and solids.Decanting or discharging of removed waste back into the
interceptor from which the waste was removed or any other grease
interceptor,for the purpose of reducing the volume to be hauled is
prohibited.
(2) Grease removal and grease interceptor pumping frequency:All grease
interceptors must be pumped out completely once every three months: or
more frequently,as required by the Director.Exception to this minimum
frequency of pumping may be made with special written approval from
the Director for generators of small quantities of grease wastes. In no case
shall the frequency of pumping be less than once every sixmonths.
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(3) Disposal of grease interceptor pumpage:All waste removed from each
grease interceptor must be disposed of at a facilify permitted by the
health department in the county in which the disposal facility is locafed.
Under no circumstances shall the pumpage be returned to any POTW or
any sewer.
(4)Maintenance requirements:Each person who engages in grease waste
handling shall maintain all vehicles,hoses.pumps,tanks, tools,and
equipment associated with grease waste handling in good repair,tree of
leaks,and in a clean and sanitary condition.All hoses and valves on
grease waste handling vehicles or tanks shall be tightly capped or
plugged after each use to prevent leakage,dripping,spilling or other
discharge of grease wastes and any public or private property.
(5)Maintenance records:A log indicating each pumping of an interceptor
for the previous 12 months shall be maintained by each food service
establishment.This log shall include date,time,amount pumped,hauler
and disposal site and shall be kept in a conspicuous location for
inspection by health department or POTW personnel.The maintenance
record log shall be recorded in the format of the sample log included in
part J of this section.
(6)Maintenance reporting:The information required in the maintenance log
shall be submitted to the controi authority annually.The reporting period
if January 1 through December 31 of each year.The report shall be
submitted within 30 days after the end of the reporting period.
(7)Hazardous material prohibited:
handle any hazardous material
handling.
No person shall collect,transport,or
in any vehicle used for grease waste
J.Maintenance log format
All pumpage collected by haulers from grease interceptors shall be verified by a
maintenance log which confirms pumping hauling and disposal of waste.
Maintenance records and maintenance reporting requirements are specified in
part 2.12-1(5)and 2.12-1(6)of this ordinance.Each person who engages in grease
waste hauling shall complete the log each time such person services a grease
interceptor.Such person shall provide a copy of the log to the generator of the
grease waste.The log format shall be one of two types.
Type I Maintenance Log Format
The Type 1 format shall be used when the transporter of the pumpage maintains
and operates a grease waste treatment facility where such facility is permitted by
the local Department of Health in the county in which the facility is located.The
local Health Department permit shall specifically cover activities associated with
grease waste recycling and/or disposal activities.
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The Director will maintain a list at approved permitted grease waste receiving
facilities.A permitted grease waste facility may be added to the Director's list of
approved facilities upon submittal of a proper Department of Heaith permit for
the county in which the receiving facility is located.The Type 1 grease waste
maintenance log format shall be used only by transporters on the Director's list of
approved permitted grease waste receiving facilities.
Type II Maintenance Log Format
TheType II grease waste interceptor maintenance log format shall be used when
the transporter of the pumpage does not maintain and operate a permitted
grease waste treatment facility.The Type II format shall be used by all
transporters not on the list of permitted and approved grease waste receiving
facilities maintained by the Director.Any transporter on the approved list who
does not dispose of the hauled grease waste at its own permitted treatment
facility shall use the Type II format.
Each log entry shall consist of a single sheet of 8-1/2" x 11"paper on which the
required data is entered.The following format shall be used for each log entry:
Type I Format
GREASE INTERCEPTOR MAINTENANCE LOG
TYPE I FORMAT
PREPARED FOR THE CITY OF MARYSVILLE,WA
GENERATOR INFORMATION
NAME:(type facifity name)
ADDRESS:(type facifityaddress)
DATE:(handwritten entry)
VOLUME PUMPED:(handwritten entry)
TRANSPORTER INFORMATION
NAME:(type business name of transporter)
ADDRESS:(type transporter address)
VEHICLE DESCRIPTION AND CAPACITY:(handwritten entry)
ESTIMATED THICKNESS OF FLOATING GREASE:(handwritten entry)
ESTIMATED DEPTH OF BOTTOM SOLIDS:(handwritten entry)
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COMMENTS:(provide four linesthe full width of the page to
allow driver to enter observations on the condition of
the grease interceptor)
DRIVER NAME:(hand print driver name)
SIGNATURE:(driver signature)
Type IIFormat
GREASE INTERCEPTOR MAINTENANCE LOG
TYPE 1/FORMAT
PREPARED FOR THE CITY OF MARYSVILLE WA
GENERATOR INFORMATION
NAME:(type facility name)
ADDRESS:(type facility address)
DATE:(handwritten entry)
VOLUME PUMPED:(handwritten entry)
TRANSPORTER INFORMATION
NAME:(type business name of transporter)
ADDRESS:(type transporter address)
VEHICLE DESCRIPTION AND CAPACITY:(handwritten entry)
ESTIMATED THICKNESS OF FLOATING GREASE:(handwritten entry)
ESTIMATED DEPTH OF BOTTOM SOLIDS:(handwritten entry)
COMMENTS:(provide four linesthe fUll width of the page to
allow driver to enter observations on the condition of
the grease interceptor)
DRIVER NAME:(hand print driver name)
SIGNATURE:(driver signature)
RECEIVING FACILITY INFORMATION
FACILITY NAME:(type facility name)
ADDRESS:(type facility address)
FACILITY PERMIT NUMBER:(type Dept.of Health permit number)
DATE:(handwritten entry)
VOLUME OF WASTE (handwritten entry)
CLASSIFICATION OF WASTE:(handwritten entry)
NAME:(print name of receiving facility employee authorized to
document waste discharge)
SIGNATURE:(signature of above employee)
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K.Inspection and entry
(1) Any and all premises serviced by a grease interceptor and any and all
records pertaining thereto shall be subject to inspection by the Director
tor the purpose of determining compliance with this chapter.
(2) Any and all premises and vehicles used by any person performing grease
waste handling any and all records of such person which relate to such
person's grease waste handling activities shall be subject to inspection by
the Director for the purpose of determining compliance with this
ordinance.
L.Existing dischargers of grease wastes
All existing restaurants,cafes,bakeries,lunch counters,cafeterias,meat cutting
facilities, bars, or clubs, or hotel,hospital,sanitarium,factory or school kitchens: or
other establishments that serve or prepare food where grease may be
introduced to the sewer system which do not have grease interceptors,or do not
have adequately sized interceptors at the time of adoption of this ordinance shall
meet the requirement for interception of grease,oils and fats by installing an
approved grease interceptor.
Approved grease interceptors shall be installed within six months of the adoption
of this ordinance for existing facilities identified by the Direcfor as having a history
of causing problems in the Cify's collection system. Facilities which must install
approved grease interceptors within six months of ordinance adoption will be
notified in writing by the Director.
Existing facilities which are not so notified by the Director shall have eighteen (18)
months from the time of adoption of this ordinance to install approved grease
interceptors in accordance with this chapter.Existing facilities which currently
have grease interceptors of adequate size to meet the requirements of this
chapter shall submit drawings of the existing installation along with calculations to
demonstrate the adequacy of the existing installation.If fhe Director determines
that the existing grease interceptor meets the requirements of fhis chapter,the
facility will be required to install only the sampling chamber as shown on the
standard plan for grease interceptors.
Pretreatment facilities for fats, oils and grease:End of Section.
2.12 Additional Pretreatment Measures
A.Whenever deemed necessary,the Director may require users to restrict their
discharge during 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 wastesfreams,and
such other conditions as may be necessary to protect the POTW and determine
the user's compliance with the requirements of this ordinance.
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B.When determined necessary by the Director,each user discharging into the
POTW,shall install and maintain,on his property and at his expense,a suitable
storage and !low-control tacility to insure equalization of flow. The Director may
require the facility to be equipped with alarms and a rate of discharge controller,
the regulation of which shall be determined by the Director.A wastewater
Discharge Authorization (DA)may be issued solely for flow equalization.
C.Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
D. When a new building is constructed without a tenant.and has any sewers Which
are intended to serve wastes other than sanitary or domestic waste,a multiple
compartment interceptor approved by the Director shall be installed.
2.13 Accidental Spill Prevention Program/Slug Load Control Plan
Each discharger shall provide protection from accidental discharge of materials or
substonces prohibited or limited under this ordinance into the Municipal Sewer System or
into waters of the state.Where necessary,facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the discharger's cost and
expense.Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the Director for review,and shall be approved by the
Director before construction of the facility.Each discharger,where requested by the
Director,shall complete its plan and submit same to the Director within 90 days of being
notified by the Director.No discharger who discharges to the municipal sewer system
after the aforesaid date shall be permitted to introduce pollutants into the system until
accidental discharge protection procedures have been approved by the Director.
Review and approval of such plans and operating procedures by the Director shall not
relieve the discharger from the responsibility to modity its facility as necessary to meet the
requirements of this ordinance.
A. Any user required to develop and implement an accidental discharge/slug
control plan shall submit a plan Which addresses,at a minimum,the following:
(1)Description of discharge practices,including non-routine batch
discharges:
(2)Description and itemization of stored chemicals;
(3)Procedures for immediately notifying the POTW of any accidental or slug
discharge.Such notification must also be given for any discharge which
would violate any of the standards in Sections 2.1 through 2.5 of this
ordinance;and
(4)Procedures to prevent adverse impact from any accidental or slug
discharge.Such procedures include,but are not limited to,inspection
and maintenance of storage areas,handling and transfer of materials,
loading and unloading operations,control of plant site runoff,worker
training,building of containment structures or equipment.measures for
containing toxic organic pollutants (including solvents),and/or measures
and equipment for emergency response.
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B.Accidental Spill Prevention Plan (ASPP)/Slug Load Control Plan Format
All users required to develop and implement an ASPP/Slug Load Plan shall provide
the required plan in a specific format.The format to be used in the plan submittal
is contained in Appendix 4 of the EPA Region X guidance manual entitled
Guidance Manual for the Development of an Accidental Spill Prevention
Program.The Director will review each plan submittal for completeness.If the
Director identifies any deficiencies in the plan it will be returned with specific
deficiencies identified.The plan shall be modified to address the deficiencies
noted and resubmitted for approval.Resubmittal shall be accomplished within
six(6)weeks of the return of a deficient plan.
C.Notification
Dischargers shall notify the Director immediately upon the occurrence of a slug
load or accidental discharge of substances prohibited by this ordinance.
Notification by telephone call shall be followed within five [5) days by a written
report containing the following information:
(1)Location of discharge
(2)Date and time thereof
(3) Type of waste
(4)Concentration and volume
[5)Corrective actions
Any discharger who discharges a slug load of prohibited materials shall be liable
for any expense,loss or damage to the Municipal Sewer Systemin addition to the
amount of any fines imposed by the Director on account thereof under the
requirements of this ordinance.
D. Within five (5) days following an accidental discharge,the usershall submit to the
Director a detailed written report describing the cause of the discharge and the
measures to be taken by the user to prevent similar future occurrences.Such
notification shall not relieve the user of any expense,loss,damage,or other
liability which may be incurred as a result of damage to the POTW,fish kills,or any
other damage to person or property:nor shall such notification relieve the user of
any fines, civil penalties,or other liability which may be imposed by this
Ordinance or other applicable law.
E.Signs shall be permanently posted in conspicuous places on the user's premises
advising employees whom to call in the event of a slug or accidental discharge.
Employers shall instruct all employees who may cause or discover such a
discharge with respect to emergency notification procedures.
2.14 Septic Tank Wastes
No septic tank wastes shall be discharged to the sewer system or treatment plant.
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2.15 Monitoring of Wastewater Discharges
A. The Director may require monitoring and periodic monitoring reports from any
non-domestic discharger.Such monitoring will be performed at the expense of
the discharger and in accordance with a schedule specified by the Director.
Such monitoring shall be required where the Director determines that there is a
reasonable possibility that the user may not be in compliance with fhis ordinance.
Monitoring and reporting requirements for users who are not considered as
significant indusfrial users shof conform with paragraphs F,G and H of Section 4.4
and Section 4.12.Results of monitoring shall be forwarded to the Director in
accordance with the Director's specifications.
B.Recreafional Vehicle (RV)Wastewafer
Wasfewater from individual recreational vehicles shall be discharged fo the
treatment works only of sites approved in writing by the Director.RV wasfewater
may also be discharged to collection facilities designed for this use and owned
and operated by the City of Marysville. The City may eliminate City owned RV
wastewater sites at any time for any reason.
Commercial operators and all other persons seeking to develop,operate and
own RV dump stations must obtain approval from the Director in writing prior to
construction and operation of such facilities.Persons operating RV dump sites at
the time of adoption of this ordinance shell make themselves known to the
Director within three months of adoption of this ordinance and request permission
to continue operation.
The City may establish such fees as deemed necessary for operation of approved
RV wastewater sites.
2.16 Garbage Disposal/Garbage Grinders
The use of garbage disposal units or garbage grinders for the wholesale disposal of
garbage,paper products or Styrofoam products to the sewer system is prohibited.The
installation or use of garbage grinders/garbage disposal units with rated motor power
greater than 3/4 horsepower is prohibited.AI[garbage grinder/garbage disposal units
with motors greater than 3/4 horsepower at the time of adoption of this ordinance shall
be removed within six (6)months of adoption of this ordinance.More than one
grinder/disposal unit per commercial/industrial connection shall require the approval of
the Director.
2.17 Dangerous Waste Regu[ations
A. Permit Reauirements for Dangerous Waste Constituents.Users discharging a
wastestream containing dangerous wastes as defined in Chapter 173-303 WAC
([isted,characteristic,or criteria wastes) are required to comply with the followinq
permit provisions:
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I.Obtain a written authorization to discharge the waste from the Director,
and either obtain specific authorization to discharge the waste in a State
Waste Discharge permit issued by the Department of Ecology, or
accurately describe the wastestream in a temporary permit obtained
pursuant to RCW90.48.165. 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;
c. The type of discharge (continuous,batch,or other).
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.
B.Requirements for Participation in Local Hazardous Waste Management Program.
All commercial users of the treatment works owned and operated by the City of
Marysville shall participate in the Local Hazardous Waste Management Program
for Snohomish County.All reasonable efforts shall be made to reduce and
recycle waste liquids and small quantity wastes generated in the business
environment.Disposal of small quantities of hazardous wastes to the sewer
system and treatment works is prohibited.Small Quantity Generators [SQG's), as
defined in Chapter 173-303 WAC, shall ensure delivery of all dangerous wastes to
a permitted Waste Management Facility,legitimate recycler,facility that
beneficially usesor reusesit, a permitted municipal or industrial solid waste facility
[with prior consent of operator)or in accordance with local Moderate Risk Waste
Plans developed by Snohomish County.
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SECTION 3 -WASTEWATER DISCHARGE AUTHORIZATION REQUIREMENTS
No significant industrial user (SIU)shall discharge wastewater into the POTW without first
obtaining a wastewater discharge authorization from the Director.Any violation of the
terms and conditions of a wastewater discharge authorization shall be deemed a
violation of this ordinance and subjects the authorization to the sanctions set out in this
ordinance.Obtaining a wastewater discharge authorization does not relieve a user of its
obligation to comply with all Federal and State pretreatment standards or requirements
or with any other requirements of Federal,State,and local law.The Director at his sale
discretion will determine which discharger isa significant industrial user.
The Director may require other users to obtain wastewater discharge authorizations (as
necessary)to carry out the purposes of this ordinance.
3.1 Wastewater Discharge Authorization:Existing SIU
Any SIU that was discharging wastewater into the POTW prior to the effective date of this
ordinance and that wishes to continue such discharges in the future shall,within sixty [60]
days alter notification by the Director submit an authorization application to the City in
accordance with Section 3.4 of this ordinance,and shall not cause or allow discharges
to the POTW to continue alter 180 days of the effective date of notification except in
accordance with a wastewater discharge authorization issued by the Director.
3.2 Wastewater Discharge Authorization:New Source and "New user"
At least 90 days prior to the anticipated start-up,new sources, sources that become a
user subsequent to the promulgation of an applicable categorical pretreatment
standard.and "new users"that are determined to be Significant Industrial Users (SIU),shall
apply for a wastewater discharge authorization and will be required to submit to the City
at least the information listed in paragraphs (A)-(E) of Section 3.4. A new source, or "new
user"that is determined to be a Significant Industrial User (SIU),cannot discharge without
first receiving a wastewater discharge authorization from the City.New sources,and
"new users"that are determined to be Significant Industrial Users (SIU's),shall also be
required to include in their application information on the method of pretreatment the
user intends to use to meet applicable pretreatment standards.New Sources,and "new
users"that are determined to be Significant Industrial Users (SIU's),shall give estimates of
the information requested in paragraphs (D)and (E)of Section 3.4.
3.3 Wastewater Discharge Authorization:Extra jurisdictional Users
Any existing user located beyond the City limits required to obtain a wastewater
discharge authorization shall submit a wastewater discharge authorization application as
outlined in Section 3.1.New Source,and "new users"that are determined by the Director
to be Significant Industrial Users (SIU's),located beyond the City limits required to obtain a
wastewater discharge authorization shall comply with Section 3.2.
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3.4 Wastewater Discharge Authorization Application Contents
All users required to obtain a wastewater discharge authorization must submit,at a
minimum,the following information.The Direcfor shall approve a form to be used as an
authorization application.Categorical users submitting fhe following information shall
have complied with 40 CFR 403.12 (b).
A.Identifying information.Theuser shall submit the name and address of the facility
including the name of the operator and owners. The user shall provide the
Standard Industrial Classification (SIC)number for the facility.
B.Authorizations.The user shall submit a list of any environmenfal control
authorizafions held by or for the facilify;
C.Description of operations.The user shall submif a brief description of the nature,
average rafe of production,and Standard Industrial Classification of the
operafion(s)carried out by such Industrial User,including a listof all raw maferials
and chemicals used or stored at the facility which are, or could accidentally or
intentionally be,discharged to the POTW;number and type of employees;hours
of operation:each product produced by type,amount,process or processes,
and rate of production:type and amount of raw materials processed (average
and maximum per day)and the fime and duration of discharges.This description
should also include a schematic process diagram which indicates points of
discharge to the POTW from the regulated or manufacfuring processes.
Disclosure of site plans, floor plans,mechanical and plumbing plans and details to
show all sewers, sewer connections,inspection manholes,sampling chambers
and appurfenances by size,locafion and elevation.
D. Flow Measurement.
(1)Categorical User:
The user shall submit information showing the measured average daily
and maximum daily flow, in gallons per day,to the POTW from each of the
following:
(i)Regulated or manufacturing process streams;and
(ii)Other streams as necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e).
(2)Non-Categorical User
The user shall submit information showing the measured average daily
and maximum daily flow, in gallons per day,to the POTW from each of the
following:
(i)Total process flow,wastewater treatment plant flow,total plant
flow or individual manUfacturing process flow as required by the
Director.
The City may allow for verifiable estimates of these flows where
justified by cost or feasibility considerations.
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E.Measurements of pollutants.
(1)Categorical User:
(i) The user shall identify the applicable pretreatment standards for
each regulated or manufacturing process.
(ii)In addition.the user shall submit the results of sampling and
analysis identifying the nature and concentration (or mass)where
required by the Cafegorical Pretreatment Standard or as required
by the City of regulated pollutants in the discharge from each
regulated or manufacturing process. Both daily maximum and
average concentration (or mass.where required)shall be
reported.The sample shall be represenfative of daily operafions
and shall conform to sampling and analytical procedures outlined
in Section 5.
(iii)The user shall take a minimum of one represenfative sample to
compile that data necessary to comply with the requirements of
this paragraph.
(iv) Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e)for a categorical
user covered by a categorical pretreafment standard this
adjusted limit along wifh supporting data shall be submitted as
part of the application.
(2)Non-Categorical User
(i) The user shall identify the applicable pretreatment standards for its
wastewater discharge.
(ii)In addition.the user shall submif the resulfs of sampling and
analysis identifying the nature and concenfration (or mass where
required by the City) of regulated pollutants contained in Sections
2.1 through 2.5. as appropriate in the discharge.Bofh daily
maximum and average concentration (or mass.where required)
shall be reported.The sample shall be representative of daily
operations and shall conform to sampling and analytical
procedures outlined in Section 5.
(iii)The user shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of
this paragraph.
(iv) Where the Director developed alternate concentration or mass
limits because of dilution this adjusted limit along with supporting
data shall be submitted as part of the application.
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F.Certification.A stcternent,reviewed by an authorized representative of fhe user
and certified by a qualified professional as outlined in Section 3.5,indicating
whether the applicable Pretreatment Standards are being mef on a consistent
basis,and,if not.whether additionai operation and maintenance (0 and M)
and/or addifional pretreatment is required for the user to meet the applicable
Prefreatment Standards and Requirements:
G.Compliance Schedule.If additional pretreatmenf and/or 0 and M will be
required to meet the applicable Pretreatmenf Standards,fhe Cify will establish
the shortest schedule by which the user will provide such additional pretreatment
and/or 0 and M modificafions.The schedule shall conform with the requirements
of Section 4.5. The completion date in this schedule shall not be later than fhe
compliance date established pursuanf fo Section 2.11 of this Ordinance.
(1)Where fhe user's categorical Pretreatment Sfandard has been modified
by a removal allowance (40 CFR 403.7),the combined wastestream
formula [40 CFR 403.6(e)),and/or a Fundamentally Different Factors
variance (40 CFR 403.13)at the time fhe user submifs the report required
by fhis paragraph,the information required by paragraphs [F)and (G) of
this section shall pertain to the modified limits.
(2) If the categorical Pretreatment Standard is modified by a removal
allowance (40 CFR 403.7),the combined wastestream formula (40 CFR
403.6(e)),and/or a Fundamentally Different Factors variance [40 CFR
403.13)affer the user submits the report required by paragraphs (F)and
(G)of this section,then a new report shall be submitfed by the user within
60 days after the modified limit is approved.
H. Any other information as may be deemed necessary by the Director to evaluate
the wastewater discharge authorization application.Incomplete or inaccurate
applications will not be processed and will be returned to the user for revision.
3.5 Signatorv and Certification Requirement
All wastewater discharge authorization applications and user reports must be signed by
an authorized representative of the user and contain the followinq certification
statement:
"I certify under penalty of law that this document and all atfachments
were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather and
evaluate the information submitfed.Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information,the information submitfed is to the best of my
knowledge and belief true,accurate,and complete.I am aware that
there are significant penalties for submitfing false information,including
the possibility of fine and imprisonment for knowing violations."
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3.6 Wastewater Discharge Authorization Decisions
The Director will evaluate the data furnished by the user and may require additional
information.Within ninety (90) days of receipt of a complete wastewater discharge
authorization application.the Director will determine whether or not to issue a
wastewater dischorqe authorization.The authorization shall be issued within thirty [30]
days of full evaluation and acceptance of the data furnished. The Director may deny
any application for a wastewater discharge authorization.
3.7 Wastewater Discharge Authorization Contents
Wastewater discharge authorizations shall include such conditions as are reasonably
deemed necessary by the Director to prevent pass through or interference.protect the
quality of the water body receiving the treatment plant's effluent.protect worker health
and safety,facilitate sludge management and disposal,and protect against damage to
the POTW.
A.Wastewater discharge authorizations must contain the following conditions:
(1) A statement that indicates wastewater discharge authorization duration,
which in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge authorization is non-
transferable without prior notification to and approval from the City,and
provisions for fumishing the new owner or operator with a copy of the
existing wastewater discharge authorization;
(3)Applicable pretreatment standards and requirements,including any
special requirements;
(4) Self monitoring,sampling,reporting,notification,submittal of technical
reports,compliance schedules,and record-keeping requirements.These
requirements shall include an identification of pollutants to be monitored,
sampling location,sampling frequency,and sample type based on
Federal, State,and local law;and
(5)Requirement for immediate notification to the City where self-monitoring
results indicate non-compliance:
(6)Requirement to report a by-pass or upset of a pretreatment facility;
(7)Requirement for the SIU who reports non-compliance to repeat the
sampling and analysis and submit results to the City within 30 days after
becoming aware of the violation.
(8) A reference to this ordinance concerning applicable civil,criminal,and
administrative penalties for violation of pretreatment standards and
requirements,and any applicable compliance schedule.
B.Wastewater discharge authorizations may contain,but need not be limited to,
the following conditions;
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(1)Limits on the average and/or maximum rate of discharge,time of
discharge,and/or requirements for flow regulation and equalization;
[2)Requirements for the installation of pretreatmenttechnoiogy,pollution
control,or construction of appropriate containment devices,designed to
reduce,eliminate,or prevent the introduction of pollutants into the
treatment works;
(3)Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental,unanticipated,or routine
discharges;
(4)Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
[5) The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(6)Requirements for installation and maintenance of inspection and
sampling facilities and equipment;
[7) A statement that compliance with the wastewater discharge
authorization does not relieve the applicant of responsibility for
compliance with all applicable Federal and State pretreatment
standards,including those which become effective during the term of the
wastewater discharge authorization;
[8) Any special agreements the Director chooses to continue or develop
between the City and user;
(9)Other conditions as deemed appropriate by the Director to ensure
compliance with this ordinance,and State and Federal laws, rules,and
regulations.
3.8 Wastewater Discharge Authorization Appeals
Any person,including the user,may petition the City to reconsider the terms of a
wastewater discharge authorization within thirty (30) days of itsissuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of
the administrative appeal.
B.In its petition,the appealing party must indicate the wastewater discharge
authorization provisions objected to,the reasons for this objection,and the
alternative condition,if any, it seeks to place in the wastewater discharge
authorization.
C.The effectiveness of the wastewater discharge authorization shall not be stayed
pending the appeal.
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D. If the City fails to act within sixty (60) days of the receipt of an appeal.a request
for reconsideration shall be deemed to be denied.Decisions not to reconsider a
wastewater discharge authorization.not to issue a wastewater discharge
authorization.or not to modify a wastewater discharge authorization,shall be
considered final administrative actions for purposes of judicial review.
E.Aggrieved parties seeking judicial review of the final administrative wastewater
discharge authorization decision must do so by filing a petition for review with the
Snohomish County Superior Court within thirty (30) days.
3.9 Wastewater Discharge Authorization Duration
Wastewater discharge authorizations shall be issued for a specified time period,not to
exceed five (5) years. A wastewater discharge authorization may be issued for a period
less than five (5) years,at the discretion of the Director.Each wastewater discharge
authorization will indicate a specific date upon which it will expire.
3.10 Wastewater Discharge Authorization Modification
The Director may modify the wastewater discharge authorization for good cause
including,but not limited to,the following:
A. To incorporate any new or revised Federal, State, or local pretreatment standards
or requirements:
B. To address significant alterations or additions to the user's operation,processes, or
wastewater volume or character since the time of wastewater discharge
authorization issuance:
C. A change in the POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge:
D.Information indicating that the authorized discharge poses a threat to the City's
POTW,City personnel,or the receiving waters:
E.Violation of any terms or conditions of the wastewater discharge authorization:
F.Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge authorization application or in any required reporting:
G. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13:
H. To correct typographical or other errors in the waste water discharge
authorization:or
I.To reflect a transfer of the facility ownership and/or operation to a new
owner/operator.
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Such modifications of wastewater discharge authorizations shall occur at the time of
renewal of said authorization except in unusual circumstances related to actions or
regulations imposed by the Department of Ecology or other regulatory authorities.
Operafional disequilibrium evenfs or other treatmenf plant operational problems shall
also be grounds for modification of wastewater discharge authorization documents prior
to the date of renewal.No vested right shall be created by the issuance of a waste
discharge authorization under this ordinance.
3.11 Wastewater Discharge Authorization Transfer
Wastewater discharge authorizations may be reassigned or transferred to a new owner
and/or operator only if the current owner gives at least ninety (90) days advance notice
to the Director and the Director approves the wastewater discharge authorization
transfer. The notice to the Director must include a written certification by the new owner
and/or operator which:
A. States that the new owner and/or operator has no immediate intent to change
the facility's operations and processes:
B.Identifies the specific date on which the transfer isto occur;and
C.Acknowledges full responsibility for complying with the existing wastewater
discharge authorization.
Provided that the above occurs and that there were no significant changes to the
manufacturing operation or wastewater discharge,the new owner will be considered an
existing user and be covered by the existing limits and requirements in the previous
owner's authorization.Failure to provide advance notice of a transfer renders the
wastewater discharge authorization voidable as of the date of facility transfer.
3.12 Wastewater Discharge Authorization Revocation
Wastewater discharge authorizations may be revoked for,but not limited to, the
following reasons:
A. Failure to notity the City of significant changes to the wastewater prior to the
changed discharge:
B.Failure to provide prior notification to the City of changed conditions;
C.Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge authorization application:
D. Falsifying self-monitoring reports:
E.Tampering with monitoring equipment:
F.Refusing to allow the City timely access to the facility premises and records:
G. Failure to meet discharge limitations;
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H. Failure to pay fines;
I. Failure to pay sewer charges;
J.Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge
authorization application;
L.Failure to provide advance notice of the transter ot an authorized facility;or
M. If the City has to invoke its emergency provision as cited in Section 8.7 of the
Ordinance;or
N.Vioiation of any pretreatment standard or requirement.or any terms of the
wastewater discharge authorization or this ordinance.
O. Failure to comply with ail requirements ot a written accidental spill
prevention/slug loading plan.
Wastewater discharge authorizations shall be voidable upon cessation of operations or
transfer of business ownership.All wastewater discharge authorizations issued to a
particular user are void upon the issuance of a new wastewater discharge authorization
to that user.
3.13 Wastewater Discharge Authorization Re-issuance
A user.required to have a wastewater discharge authorization.shall apply for
wastewater discharge authorization re-issuance by subrnittinq a complete wastewater
discharge authorization application.in accordance with Section 3.4 of this ordinance,a
minimum ot ninety (90) days prior to the expiration of the user's existing wastewater
discharge authorization.A user,whose existing wastewater discharge authorization has
expired and has submitted its re-application in the time period specified herein, shall be
deemed to have an effective wastewater discharge authorization until the City issues or
denies the new wastewater discharge authorization.A user,whose existing wastewater
discharge authorization has expired and who failed to submit its re-application in the
time period specified herein,will be deemed to be discharging without a wastewater
discharge authorization.'
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SECTION 4 -REPORTING REQUIREMENTS
4.1 State Waste Discharge Authorization
Each user who holds a State Waste Discharge Permit in compliance with the provisions ot
Chapter 90.48 RCWshall forward one copy of all SUbject correspondence to the Director.
Subject correspondence shall consist of all written communication between the user and
the State ot Washington Department of Ecology concerning the user's state waste
discharge permit including reports, letters, submittals of applications,legal documents
and agreements.The usershall also submit one copy of all documents received from the
Department of Ecology pertaining to the user's State Waste Discharge Permit. The permit
in effect at the time of adoption of this ordinance shall be forwarded to the Director
within 90 days of adoption of this ordinance.All correspondence with Ecology thereafter
shall be subject to the requirements of this paragraph.
4.2 Baseline Monitoring Reports
A. Within either one hundred and eighty (180)days after the eftective date of a
categorical pretreatment standard,or the tinal administrative decision on a
category determination under 40 CFR 403.6(a){4)[whichever is later) existing
categorical users currently discharging to or SCheduled to discharge to the POTW,
shall be required to submit to the City a report which contains the information
listed in Section 3.4.
At least ninety [90) days prior to commencement of their discharge,new sources,
and sources that become categorical users subsequent to the promulgation of
an applicable categorical standard,shall be required to submit to the City a
report which contains the information listed in Section 3.4.
A new source shall also be required to submit an Engineering report,expiaining
the method of pretreatment it intends to use to meet applicable categorical
standards.A new source shall also give estimates of its anticipated tlow and
quantity of pollutants discharged.
4.3 Final Compliance report (Initial Compliance Report)
A. Within 90 days following the date for final compliance by the Significant Industrial
User with applicable pretreatment standards and requirements set forth in this
ordinance,in a wastewater discharge authorization,or Within 30 days following
commencement of the introduction of wastewater into the POTW by a new
source or "new users"considered by the City to fit the definition of SIU,the
affected user shall SUbmit to the City a report containing the information outlined
in Paragraph [D)-[F) of Section 3.4.
38
B.Forusers subject to equivalent mass or concentration limits established by the City
in accordance with procedures established in 40 CFR 403.6 (c).this report shall
contain a reasonable measure of the user's long ferm production rate.For all
ofher users subject to cafegorical pretreafmenf standards expressed in terms of
allowable pollutant discharge per unit of production (or other measure of
operation),this report shall include the user's acfual production during the
appropriate sampling period.
4.4 Periodic Compliance Report (Monthly Reporf)
A. Any user that is required to have an industrial waste discharge authorization and
performs self-monitoring shall submit fo the City during the months of June and
December,unless required on other dates or more frequently by fhe City, a reporf
indicating fhe nature of the effluenf over the previous reporting period.The
frequency of monitoring shall be as prescribed within the indusfrial wasfe
discharge authorizafion.At a minimum,users shall sample their discharge at least
twice per year.
B.The report shall include a record of the concenfrations (and mass if specified in
the wastewater discharge aufhorization)of the pollutanfs listed in the wastewater
discharge aufhorization that were measured and a record of all flow
measurements (average and maximum)taken at fhe designated sampling
locations,and shall also include any additional information required by this
ordinance or fhe wasfewater discharge authorization.Production data shall be
reported if required by the wasfewafer discharge authorization.Both daily
maximum and average concenfration (or mass,where required)shall be
reported.
If a user sampled and analyzed more frequently than whaf was required by the
City or by this ordinance,using methodologies in 40 CFR Part 136,it must submit all
results of sampling and analysis of the discharge during fhe reporfing period.
C.Any user subject to equivalent mass or concentrafion limits established by the City
or by unit production limits specified in the applicable categorical standards,shall
report production data as outlined in Section 4.3 (B).
D. If the City calculated limits to factor out dilution flows or non-regulated flows,the
user will be responsible for providinq flows from the regulated process flows,
dilution flows and non-regulated flows.
E.Flows shall be reported on the basis of actual measurement;provided,however,
that the City may accept reports of average and maximum flows estimated by
verifiable techniques if the City determines that an actual measurement is not
feasible.
F.Sampling shall be representative of the user's daily operations and shall be taken
in accordance with the requirements specified in Section 5.
G. The City may require reporting by users that are not required to have an industrial
wastewater discharge authorization if information or data is needed to establish
a sewer charge,determine the treatability of the effluent or determine any other
factor Which is related to the operation and maintenance of the sewer system.
39
H. The City may require self-monitoring by the user or perform the periodic
compliance monitoring needed to prepare a periodic compliance report
required under this section.If the City performs such periodic compliance
monitoring,it will charge the user for such monitoring,based upon the costs
incurred by the City for the sampling and analyses. Any such charges shall be
added to the normal sewer charge and shall be payable as part of the utility bills.
The City is under no obligation to perform periodic compliance monitoring for a
user.
4.5 Compliance schedules for meeting applicable pretreatment standards
Where required by the Director,SIU's shall develop and submit a compliance schedule
which brings the user into compliance with the requirements of its discharge
authorization document.
A. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the
applicable pretreatment standards (e.q.. hiring an engineer,completing
preliminary plans,completing final plans,executing contract for major
components,commencing construction,completing construction,etc.).
B. No increment referred to in paragraph (A) of this section shall exceed 9 months.
C. Not later than 14days following each date in the schedule and the final date for
compliance,the user shall submit a progress report to the City including,at a
minimum,whether or not it complied with the increment of progress to be met on
such date and,if not, the date on which it expects to comply with this increment
of progress,the reason for delay,and the steps being taken by the user to return
the construction to the schedule established.In no event shall more than 9
months elapse between such progress reports.
4.6 Notification of Significant Production Changes
Any user operating under a wastewater discharge authorization incorporating
equivalent mass or concentration limits shall notify the City within two (2)business days
after the user has a reasonable basis to know that the production level will significantly
change within the next calendar month.Any user not providing a notice of such
anticipated change will be required to comply with the existing limits contained in its
wastewater discharge authorization.
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4.7 Hazardous Waste Notification
Any user that is discharging 15 kilograms of hazardous wastes as defined in 40 CFR 261
(listed or characteristic wastes) in a calendar month or any facility discharging any
amount of acutely hazardous wastes as specified in 40 CFR 261.30{d)and 261.33(e) is
required to provide a one time notification in writing to the City,EPA Regional Waste
Management Division Director,and the Hazardous waste division of the NWRO of the
Washington State Department of Ecology.Any existing user exempt from this notification,
shall comply with the requirements contained herein within 30 days of becoming aware
of a discharge of 15 kilograms of hazardous wastes in a calendar month or the discharge
of acutely hazardous wastes to the City sewer system.
Such notification shall include:
A. The name of the hazardous waste as set forth in 40 CFR Part 261,
B.The EPA Hazardous waste number;and
C. The type of discharge (continuous,batch.or other).
D. If an industrial user discharges more than 100 kilograms of such waste per
calendar month to the sewer system.the notification shall also contain the
following information to the extent it is known or readily available to the industrial
user:
(1)an identification of the hazardous constituents contained in the wastes,
(2)an estimation of the mass and concentration of such constituents in the
wastestreams discharged during that calendar month,and
(3)an estimation of the mass of constituents in the wastestreams expected to
be discharged during the following 12months.
These notification requirements do not apply to pollutants already
reported under the self-monitoring requirements.
Whenever the EPA publishes final rules identifying additional hazardous
wastes or new characteristics of hazardous waste.a user shall notify the
City of the discharge of such a substance within 90 days of the effective
date of such regulations.
In the case of any notification made under this paragraph,an industrial user shall certify
that it has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically practical.Discharging
Hazardous waste to the sewer system is prohibited as per section 2.1 of this ordinance
41
4.8 Notice ot potential problems.inciuding accidental spills.slug loadings
Any user shall notity the City immediately of all discharges that could cause problems to
the POTW,including any slug loadings,as defined in Section 1.3. The notification shall
include the concentration and volume and corrective action.Steps being taken to
reduce any adverse impact should also be noted during the notification.Any user who
discharges a "slug" (or slugs)of pollutants shall be liable for any expense,loss,or damage
to the POTW,in addition to the amount of any fines imposed by the City or on the City
under state or federal law.
4.9 Non-Compliance Reporting
If sampling performed by a user indicates a violation,the user shali notity the City within
24 hours of becoming aware of the violation.The user shall also repeat the sampling
within 5 days and submit the results of the repeat anaiysis to the City within 30 days after
becoming aware of the violation,except the useris not required to resample if:
A. The City performs sampling at the user at a frequency of at least once per month,
or
B.The City performs sampling at the user between the time when the user performs
its initial sampling and the time when the user receives the results of this sampling.
4.10 Notification of changed discharge
All users shall promptly notity the City in advance of any substantial change in the
volume or character of pollutants in their discharge,inciuding significant manufacturing
process changes,pretreatment modifications,and the listed or characteristic hazardous
wastes for which the user has submitted initial notification under 40 CFR 403.12 (p).
4.11 no Reporting.
Categorical users which are required by EPA to eliminate and/or reduce the levels of
toxic organics (Tl'Os)discharged into the sewer system must follow the Categorical
Pretreatment Standards for that industry. Those users must also meet the following
requirements:
A. Must sample,as part of the application requirements,for all the organics listed
under the no limit (no exceptions):
B.May submit a statement that no nos are used at the facility and/or develop a
solvent management plan in lieu of continuously monitoring for no,if authorized
by the Director:
If allowed to submit a statement or deveiop a solvent management plan,the
user must routinely submit a certification statement as part of its self-monitoring
report that there has been no dumping of concentrated toxic organic into the
wastewater and that it is implementing a solvent management plan as approved
by the City. The Director may require the development and implementation of a
solvent management plan in addition to monitoring for no.
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4.12 Reports from Users not required to secure discharge authorization documents
All users not required to obtain a wastewater discharge authorization shall provide
appropriate reports to the City as the Director may require.
4.13 Record Keeping
Users subject to the reporting requirements ot this ordinance shall retain,and make
available tor inspection and copying.all records ot information obtained pursuant to any
monitoring activities required by this ordinance and any additional records of information
obtained pursuant to monitoring activities undertaken by the user independent of such
requirements.Records shall include the date,exact place,method,and time of
sampling and the name of the person{s)taking the samples:the dates analyses were
performed;who performed the analyses;the analytical techniques or methods used:
and the results Of such analyses. These records shall remain available for a period of at
least three (3) 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 retenfion period by the Director.
4.14 Timing
Written reports will be deemed to have been submitted on the dafe postmarked.For
reports which are not mailed,posfage prepaid,into a mail facility serviced by the United
States Postal Service,fhe date of receipt of the report shall govern.
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SECTION 5 -SAMPLING AND ANALYTICAL REQUIREMENTS
5.1 Sampling Requirements for Users.
A. A minimum of four (4)grab samples must be used for pH,cyanide,total phenols,
sulfide,and volatile organics.The Director will determine on a case-by-case
whether the user will be able to composite the individual grab samples. For all
other pollutants,24-hour composite samples must be obtained through flow-
proportional composite sampling techniques where feasible.The City may waive
flow-proportional composite sampling for any user that demonstrates that flow-
proportional is not feasible.In such cases, samples may be obtained through
tlrne-proportionol composite sampling techniques or through a minimum of four
(4)grab samples where the user demonstrates that this will provide a
representative sample of the effluent being discharged.
B.Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated or manufacturing
process if no pretreatment exists or as determined by the City and/or contained
in the user's wastewater discharge authorization.For categorical users,if other
wastewaters are mixed with the regulated wastewater prior to pretreatment the
user shall measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 40 CFR 403.6(e) in order to evaluate
compliance with the Applicable Categorical Pretreatment Standards.For other
SIUs,for which the City has adjusted its local limits to factor out dilution flows,the
user shall measure the flows and concentrations necessary to evaluate
compliance with the adjusted pretreatment standard(s).
C. All sample results shall indicate the time,date and place of sampling,and
methods of analysis,and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant discharges from the
user. If a user sampled and analyzed more frequently than what was required in
its wastewater discharge authorization,using methodologies in 40 CFR Part 136,it
must submit all results of sampling and analysis of the discharge as part of its self-
monitoring report.
D. Preserve samples in accordance with the specifications of Standard Methods for
the Examination of Water and Wastewater,latest edition.
E.Chain of custody documentation may be required by the Director for any
samples taken pursuant to this ordinance.
5.2 Analytical Requirements
All pollutant analyses,including sampling techniques,shall be performed in accordance
with the techniques prescribed in 40 CFR Part 136,unless otherwise specified in an
applicable categorical pretreatment standard.If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question,sampling and analyses
must be performed in accordance with procedures approved by the EPA.
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All analyses performed to establish compliance and used In compliance reporting shall
be performed by a laboratory accredited by the Washington State Department ot
Ecology,Quality Assurance Division in accordance with 173-50 WAC.Laboratories must
be accredited for the analyses for which they are performing.
5.3 City Monitoring of User's Wastewater
The City will follow the same procedures as outlined in Sections 5.1 and 5.2.
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SECTION 6 - COMPLIANCEMONITORING
6.1 Inspection and Sampling
Continued connection and use of the City's sewer system shall be contingent on the right
of the City to inspect and sample all discharges into the system. The City shall have the
right to enter the facilities of any user for the purpose of the enforcement of this
ordinance and to determine that any wastewater discharge authorization or order issued
hereunder,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.
A.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
idenfification,the Director will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B.The Director shall have the right to set up on the user's property,or require
installation of such devices as are necessary to conduct sampling and/or
metering of the user's operations.
C.Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the user at the
written or verbal request of the Director and shall not be replaced.The costs of
clearing such access shall be born by the user.
D.Unreasonable delays in allowing the Director access to the user's premises shall
be a violation of this ordinance.
6.2 Monitoring Facilities
Each significant industrial user (SIU)shall provide and operate at its own expense a
monitoring facility to allow inspection,sampling,and flow measurements of each sewer
discharge to the City. Each monitoring facility shall be situated on the user's premises,
except where such a location would be impractical or cause undue hardship on the
user,the City may concur with the facility being constructed in the public street or
sidewalk area,providing that the facility is located so that it will not be obstructed by
landscaping or parked vehicles.The Director,whenever applicabie,may require the
construction and maintenance of sampling facilities at other locations (for example,at
the end of a manufacturing line,wastewater treatment system).
A monitoring facility shall consist of a manhole or other structure in which a prefabricated
palmer-bowlus or parshall fiume shall be installed.The flume shall be of standard
dimension and shall be manufactured of corrosion resistant materials.
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The flume shall be installed such that free-flowing conditions occur downstream of the
throat of the flume structure.A permanent,digital,recording,totalizing,open channei
fiowmeter shall be permanently installed in a weatherproof enclosure.The flowmeter
installation shall include an appropriate automatic system to measure the water ievel
through the flume at the appropriate control point so that flow rate can be
automatically calculated at selected intervals.Measured liquid level readings shall be
converted into corresponding flow rates using internal conversion algorithms.
The flowmeter shall be capable of initiating the operation of an attached sampler.The
flowmeter signal shall be a 5 to 15 volt DC pulse or isolated contact Closure of at least 25
milliseconds duration.Sample interval frequency shall be user selected.
The monitoring facility shall be approved by the Director in writing prior to construction.
Existing monitoring facilities may be approved in lieu of new construction if approval of
the installation,in writing,is provided by the Director.Monitoring facilities shall include a
secure area for placement of a portable sampler owned by the City.
There shall be ample room in or near such sampling facility to allow accurate sampling,
flow measurement and preparation of samples for analysis. The facility,sampling,and
measuring equipment shall be maintained at all times in a safe and proper operating
condition at the expense of the user. All monitoring facilities shall be constructed and
maintained in accordance with all applicable local construction standards and
specifications.
The Director may require the user to install monitoring equipment as necessary.All
devices used to measure wastewater flow and quality shall be calibrated to ensure their
accuracy.Such monitoring equipment and activities shall be provided at the expense
of the user.
The requirements of this section shall apply to each significant industrial user. A
monitoring facility shall also be installed by any non-domestic user at the direction of the
Director.Compliance with this section shall be in accordance with the requirements of
Section 2.11 of this ordinance.
6.3 Search Warrants
If the Director 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 ordinance,or that there is a need to inspect as part of a routine
inspection program of the City designed to verify compliance with this ordinance or any
wastewater discharge authorization or order issued hereunder,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 Municipal Court,the District Court,or the
Snohomish County Superior Court. Such warrant shall be served at reasonable hours by
the Director and may be accomplished in the in the company of a uniformed police
officer of the City.
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6.4 Vandalism
No person shall willfully or negligently break,damage,destroy,uncover,deface,tamper
with,or prevent access to any structure,appurtenance or equipment,or other part of
the POTW.Any person found in violation of this requirement shall be subject to the
sanctions set out in this ordinance.
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SECTION 7 -CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys,wastewater discharge
authorization appiications,wastewater discharge authorizations,and monitoring
programs,and from City inspection and sampiing activities,shail be available to the
pubiic without restriction,unless the user specificaily requests,and is able to demonstrate
to the satisfaction ot the City,that the release of such information would divulge
information,processes or methods of production entitled to protection as trade secrets
under appiicabie State law.
When requested and demonstrated by the user furnishing a report that such information
should be held confidential,the City shail make reasonable efforts to protect the portions
of a report which might disclose trade secrets or secret processes from inspection by the
public.but shail be made availabie immediately upon request to governmental
agencies for uses related to the NPDES program or pretreatment program,and in
enforcement proceedings invoiving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data"as defined by 40
CFR 2.302 will not be recognized as confidential information and wiil be available to the
pubiic without restriction.
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SECTION 8 -ADMINISTRATIVE ENFORCEMENT REMEDIES
8.1 Notification of Violation (Notice of Violation.NOV)
When the Director finds that a user has violated (or continues to violate)any provision of
this ordinance,a wastewater discharge authorization or order issued hereunder,or any
other pretreatment standard or requirement.the Director may serve upon that user a
written Notice of Violation.The Director may select any means of service which is
reasonable under the circumstances.
Within seven (7) days of the receipt of this notice,an explanation of the violation and a
plan for the satisfactory correction and prevention thereof.to include specific required
actions,shall be submitted by the user to the 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.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
issuinga Notice of Violation.
8.2 Consent Orders
The Director may enter into Consent Orders, assurances of voluntary compliance,or
other similar documents establishing an agreement with any user responsible for non-
compliance.Such documents will include specific action to be taken by the user to
correct the non-compliance within a time period specified by the document.Such
documents shall have the same force and effect as the administrative orders issued
pursuant to Sections 8.4 and 8.5 of this ordinance and shall be judicially enforceable.Use
of a Consent Order shall not be a bar against,or prerequisite for,taking any other action
against the user.
8.3 Show Cause Hearing
The Director may order a user which has violated or continues to violate,any provision of
this ordinance,a wastewater discharge authorization or order issued hereunder,or any
other pretreatment standard or requirement,to appear before the Director and show
cause why a proposed enforcement action should not be taken.Notice shall be served
on the user specifying the time and place for the meeting,the proposed enforcement
action,the reasons for such action,and a request that the user show cause why the
proposed enforcement action should not be taken.The notice of the meeting shall be
served personally or by registered or certified mail (return receipt requested)at least ten
(10) days prior to the hearing.Such notice may be served on any authorized
representative of the user. A show cause hearing shall not be a bar against,or
prerequisite for,taking any other action against the user.
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8.4 Compliance Orders
When the Director finds that a user has violated or continues to violate any provision of
this ordinance,a wastewater discharge authorization or order issued hereunder,or any
other pretreatment standard or requirement the Director may issue an order to the user
responsible for the discharge directing that the user come into compliance within a time
specified in the order.Compliance Orders may require users to refrain from certain
activities,install additional pretreatment equipment,increase self monitoring,use best
management practices designed to minimize the amount of pollutants discharged to
the sewer. If the user does not come into compliance within the time specified in the
order,sewer service may be discontinued.Issuance of a compliance order shall not be
a bar against,or a prerequisite for,taking any other action against the user.
8.5 Cease and DesistOrders
When the Director finds that a user has violated (or continues to violate)any provision of
this ordinance,a wastewater discharge authorization or order issued hereunder,or any
other pretreatment standard or requirement,or that the user's past violations are likely to
recur, 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 comply with all requirements:and
B. Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation,including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against or a prerequisite
for,taking any other action against the user.
8.6 Administrative Fines
A. When the Director finds that a user has violated or continues to violate any
provision of this ordinance,a wastewater discharge authorization or order issued
hereunder,or any other pretreatment standard or requirement.the Director may
fine such user in an amount not less than $250 and not to exceed $10,000. Such
fines shall be assessed on a per violation,per day basis. In the case of monthly or
other long term average discharge limits, fines shall be assessed for each day
during the period of violation.Said Administrative fines shall constitute a sewer
service surcharge,and upon assessment, shall be subject to collection in the
same manner as all other sewer utility rates,charges and penalties.
B.Unless other arrangements have been made with,and authorized by the
Director,unpaid charges,fines,and penalties shall accrue thereafter at a rate of
one percent (1%)]per month.After 90 days, if charges,fines,and penalties have
not been paid,the City may revoke the users discharge authorization.
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C.Users desiring to appeal and dispute such fines must file a written request for the
Director to reconsider the fine along with full payment of the fine amount within
ten (1 0) days of being notified of the fine. Where a request has merit.the Director
shall convene a hearing on the matter within seven (7) days of receiving the
request from the user. In the event the user's appeal issuccessful.any payments
made shall be returned to the user.Affirmance or modification of an
administrative fine by the Public Works Director shall relate back to the original
date of assessment.
The City shall recover the costs of preparing administrative enforcement actions,
such as notices and orders,including the cost of additional inspections,sampling
and analysis,and may add them to the fine.
D. Issuance of an administrative fine shall not be a bar against.or a prerequisite for,
taking any other action against the user.
E.Users seeking judicio!review of administrative fines must do so by filing a Petition
for Review in the Snohomish County Superior Court within thirty (30)days of the
decision of the Director.
8.7 Emergency Suspensions
The Director may immediately suspend a user's discharge (after informal notice to the
user)whenever such suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons.
The Director may also immediately suspend a user's discharge (after informal notice and
opportunity to respond)that threatens to interfere with the operation of the POTW,or
which presents or may present an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution.In the event of a user's failure to immediately comply
voluntarily with the suspension order,the 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 endangerment to any
individuals.
The Director shall allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the City that the period of endangerment has
passed, unless the termination proceedings in Section 8.8 of this ordinance are
initiated against the user.
B.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 horrnful contribution and the measures taken to prevent any future
occurrence,to the Director prior to the date of any show cause or termination
hearing under Sections 8.3 and 8.8 of this ordinance.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this section.
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8.8 Termination of Discharge (Non-Emergency)
In addition to the provisions in Section 3.12 of this ordinance.any user that violates the
following conditions is subject to discharge termination:
A.Violation of wastewater discharge authorization conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its
discharge;
C.Failure to report significant changes in operations or wastewater volume.
constituents and characteristics prior to discharge:
D. Refusal of reasonable access to the user'spremises for the purpose of inspection,
monitoring or sampling;or
E.Violation of the pretreatment standards in Section 2 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under Section 9.3 of this ordinance why the
proposed action should not be taken.Exercise of this option by the City shall not
be a bar to, or a prerequisite for,taking any other action against the user.
8.9 Appeal Procedures
A.Appeals.
1.Any user seeking to dispute a Notice of Violation,order, fine, or other
action of the Director may file an appeal.
2. The appeal must be filed in writing and received by the Director,in writing,
within ten (1O)days of the receipt of the disputed action.If the notice of
appeal is not received by the Director within the 10 day period,the right
to an appeal is waived.The notice of appeal shall state with particularity
the basis upon which the appellant is disputing the action taken.
3. Upon receipt of a timely appeal.the Director shall set a date and time for
an appeal hearing,but in no case shall the hearing be set more than
thirty (30)days from the receipt of the timely notice of appeal.The
appellant shall be notified in writing of the date,time,and place for the
appeal hearing.The Director or his/her designee shall serve as the
Hearing Examiner.
B.Appeal Hearing.
1. The hearing examiner may admit and give probative effect to evidence
which possesses probative value commonly accepted by reasonably
prudent men in the conduct of their affairs. The hearing examiner shall
give effect to the rules of privilege recognized by law. The hearing
examiner may exclude incompetent.irrelevant.immaterial and unduly
repetitious evidence.Factual issues shall be resolved by a
preponderance of evidence.
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2.Documentary evidence may be received in the form of copies or
excerpts or by incorporation by reference.
3. Every party shall have the right to cross examine witnesses who testify and
shall have the right to submit rebuttal evidence;provided,that the
hearing examiner may controi the manner and extent ot the cross
examinations and rebuttal.
4. The hearing examiner may take notice of judicially cognizable facts.
C.Appeal Conciusion.
At the conciusion of the hearing,the hearing examiner shail determine if the
disputed action was proper,and shail approve,modify,or rescind the disputed
action.The final determination of the hearing examiner shail be in writing,and ail
parties shail be provided a copy of the final determination.
D.Judicial Review of Appeal.
1. Any party,including the City, the Washington state Department of
Ecology,the United States Environmental Protection Agency,or the
user/appellant,is entitled to review of the final determination of the
hearing examiner in the Snohomish County Superior Court.Provided,that
any petition for review shail be filed no later than thirty (30) days after
date of the final determination.
2.Copies of the petition for review shail be served as in all civil actions.
3. The filing of the petition shall not stay enforcement of the final
determination except by order of the superior court and on posting of a
bond to be determined by the court naming the City as beneficiary.
4. The review shail be conducted by the court without a jury. The record
shail be satisfied by a narrative report certified by the hearing examiner
and no verbatim record of proceedings before the hearing examiner shail
be required to be presented to the superior court.
5. The court may affirm the final determination or remand the matter for
further proceedings before the hearing examiner;or the court may
reverse the final determination if the substantial rights of the petitioners
may have been prejudiced because the final determination was;
i.In violation of constitutional provisions; or
ii.Inexcess of the authority or jurisdiction of the hearing
examiner.
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SECTION 9 -JUDICIAL ENFORCEMENT REMEDIES
9.1 Injunctive Relief
When the Director finds that a user has violated or continues to violate any provision of
this ordinance.a wastewater discharge authorization.or order issued hereunder.or any
other pretreatment standard or requirement.the Director may petition the Snohomish
County Superior Court through the City's Attorney for the issuance of a temporary or
permanent injunction.as appropriate.which restrains or compels the specific
performance of the wastewater discharge authorization.order.or other requirement
imposed by this ordinance on activities of the user.
The City may also seek such other action as is appropriate for legal and/or equitable
relief.including a requirement for the user to conduct environmental remediation,A
petition for injunctive relief shall not be a bar against.or a prerequisite for.taking any
other action against a user.Injunctive relief shall be nonexclusive to other remedies
available.to the City.
9.2 Civil Penalties
A. A user which has violated or continues to violate any provision of this ordinance.a
wastewater discharge authorization.or order issued hereunder.or any other
pretreatment standard or requirement shall be liable to the City for a maximum
civil penalty of $10.000 per violation.per day.In the case of a monthly or other
long-term average discharge limit.penalties shall accrue for each day during the
period of the violation.
B.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.
C. In determining the amount of civil liability.the Court shall take into account all
relevant circumstances.including.but not limited to.the extent of harm caused
by the violation.the magnitude and duration.any economic benefit gained
through the user's violation.corrective actions by the user.the compliance history
of the user.and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against.or a prerequisite for taking
any other action against a user.
9.3 Criminal Prosecution
A. A user who has violated any provision of this ordinance.a wastewater discharge
authorization.or order issued hereunder.or any other pretreatment standard or
requirement shall.upon conviction.be guilty of a misdemeanor.punishable by a
fine of not more than $5.000 per violation.per day.
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B.A user which has introduced any substance into the POTW which causes personal
injury or property damage shall.upon conviction,be guilty of a misdemeanor
and be subject to a penalty of at least $5,000.This penalty shall be in addition to
any other cause of action for personal injury or property damage available under
State law.
C. A user who knowingly made any false statements,representations,or
certifications in any application,record,report,pian,or other documentation
filed, or required to be maintained,pursuant to this ordinance,wastewater
discharge authorization,or order issued hereunder,or who falsified,tampered
with, or knowingly rendered inaccurate any monitoring device or method
required under this ordinance shall,upon conviction,be guilty of a misdemeanor,
and punished by a fine of $5,000 per violation per day.
In addition,the usershall be subject to:
1)the provisions of 18 U.s.C.Section 1001 relating to fraud and false
statements:
2)the provisions of Sections 309
amended goveming false
certification;and
(c) 4 of the Clean Water Act,as
statements,representation,or
3) the provision of Section 309 (c) (6) of the Clean Water Act.
regarding responsible corporate officers.
9.4 Remedies Non-exclusive
The provisions in Sections 8 through 11 of this ordinance are not exclusive remedies.The
City reserves the right to take any, all, or any combination of these actions against a non-
compliant user.Enforcement of pretreatment violations will generally be in accordance
with the City's enforcement response plan.However,the City reserves the right to take
other action against any user when the circumstances warrant.Further,the City is
empowered to take more than one enforcement action against any non-compliant
user. These actions may be taken concurrently.
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SECTION 10-SUPPLEMENTAL ENFORCEMENT ACTION
10.1 Performance Bonds
The Director may decline to issueor reissue a wastewater discharge authorization to any
user which has failed to comply with any provision of this ordinance,a previous
wastewater discharge authorization or order issued hereunder,or any other
pretreatment standard or requirement unless such user first files a satisfactory bond,
payable to the City, in a sum not to exceed a value determined by the Director to be
necessary to achieve consistent compliance.
10.2 Financial Assurances
The Director may decline to issueor reissue a wastewater discharge authorization to any
user which has failed to comply with any provision of this ordinance,a previous
wastewater discharge authorization or order issued hereunder,or any other
pretreatment standard or requirement,unless the user first submits proof that it has
obtained financial assurances sufficient to meet pretreatment requirements,and/or
restore or repair damage to the POTW caused by its discharge.
10.3 Water Supply Severance
Whenever a user has violated or continues to violate any provision of this ordinance,a
wastewater discharge authorization or order issued hereunder,or any other
pretreatment standard or requirement.water service to the user may be severed.
Service wiil only recommence,at the user's expense,after it has satisfactorily
demonstrated its ability to comply.
10.4 Public Nuisances
A violation of any provision of this ordinance,wastewater discharge authorization,or
order issued hereunder,or any other pretreatment standard or requirement.is hereby
declared a public nuisance and shall be corrected or abated as directed by the
Director.
10.5 Contractor Listing
Users which have not achieved compliance with applicable pretreatment standards
and requirements are not eligible to receive a contractual award for the sale of goods or
services to the City.Existing contracts for the sale of goods or services to the City held by
a user found to be in significant non-compliance with pretreatment standards or
requirements may be terminated at the discretion of the City.
10.6 Publication of Violations and/or Enforcement Actions.The Director may publish violations
and/or enforcement actions at any time.where monetary fines may be inappropriate in
gaining compliance,or in addition to monetary fines.Violations and/or enforcement
actions may also be published when the Director feels that public notice should be
made,or at other appropriate times. The cost of such publlcofions wiil be recovered
from the user.
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SECTION 11 -AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
11.1 Upset
A. For the purposes of this section,"upset"means an exceptional incident in which
there is unintentional and temporary non-compliance with applicable
pretreatment standards because of factors beyond the reasonable control of the
user. An upset does not include non-compliance to the extent caused by
operational error,improperly designed treatment facilities,inadequate treatment
facilities,lack of prevenfive maintenance,or careless or improper operation.
B.An upset shall constitute an affirmative defense to an action brought for non-
compliance with applicable pretreatment standards if the requirements of
paragraph (C)are met.
C. A user who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed,contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and the user can identify the causers) of the upset:
(2) The facility was at fhe time being operated in a prudent and workman-
like manner and in compliance with applicable operation and
maintenance procedures;and
(3) The user has submitted the following information to the POTW and
treatment plant operator within twenty four (24) hours of becoming aware
of the upset [if this information is provided orally, a written submission must
be provided within five (5)days]:
(a) A description of the indirect discharge and cause of non-
compliance:
(b) The period of non-compliance,including exact dates and times or,
if not corrected,the anticipated time the non-compliance is
expecfed to confinue:and
(c) Steps being taken and/or planned to reduce,eliminate,and
prevent recurrence of the non-compliance.
D. In any enforcement proceeding,the user seeking to establish the occurrence of
an upset shall have the burden of proof.
E.Users will have the opportunity for a judiclol determination on any claim of upset
only in an enforcement action brought for non-compliance with applicable
pretreatment standards.
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F.Users shall control production of all discharges to the extent necessary to
maintain compliance with applicable pretreatment standards upon reduction,
loss,or failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided.This requirement applies in the situation where,
among other things,the primary source of power of the treatment facility is
reduced,lost, or fails.
11.2 Prohibited Discharge Standards
A user shall have an affirmative defense to an enforcement action brought against it for
non-compliance with the prohibitions in Section 2.1 A and B(3)through (7) if it can prove
that it did not know,or have reason to know,that its discharge,alone or in conjunction
with discharges from other sources,would cause pass through or interference and that
either:(a) a local limit exists for each pollutant discharged and the user was in
compliance with each limit directly prior to,and during,the pass through or interference:
or (b) no local limit exists,but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the City was regularly in compliance
with its NPDES authorization,and in the case of interference,was in compliance with
applicable sludge use or disposal requirements.
11.3 Bypass
A. For the purposes of this section,
(1) "Bypass"means the intentional diversion of wastestreams from any portion
of a user's treatment facility.
(2) "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.
B.A user may allow any bypass to occur which does not cause applicable
pretreatment standards or requirements to be violated,but only if it also is for
essential maintenance to assure efficient operation.These bypasses are not
subject to the provision of paragraphs IC)and (D) of this section.
C.(1 )If a user knows in advance of the need for a bypass, It shall submit prior
notice to the POTW,at least ten (10) days before the date of the bypass,
if possible.
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(2) A usershall submit orol notice to the City of an unanticipated bypass that
exceeds applicable pretreatment standards within twenty four (24) hours
from the time it becomes aware of the bypass. A written submission shall
also be provided within five (5) days of the time the user becomes aware
of the bypass. The written submission shall contain a description of the
bypass and its cause: the duration of the bypass.lncludinq exact dates
and times,and,if the bypass has not been corrected,the anticipated
time it is expected to continue:and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the bypass. The POTW may waive
the written report on a case-by-case basis if the oral report has been
received within twenty four (24)hours.
D.(1 )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 normai
periods of equipment downtime or preventive maintenance:and
(c) The user submitted notices as required under paragraph (C)of this
section.
(2) 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 paragraph (D)(l)of this section.
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SECTION 12-MISCELLANEOUS PROVISIONS
12.1 Pretreatment Charges and Fees
The Director may adopt reasonable fees for reimbursement of costs of setting up and
operating the City's Pretreatment Program.
These fees relate solely to fhe matters covered by this ordinance and are separate from
all other rates or charges for sewer service,provided that the City shall collect said
charges in the same manner as other sewer ufility rates are collected,including but not
limited to the sewer lien procedures provided under 35.67 RCW.
Fees may include:
A. Feesfor wastewater discharge authorizations,including the cost of processing the
authorizafion applications,public noticing,issuing and administering fhe
authorization,and reviewing monitoring reports submitted by users;
B.Fees for modifying or fransferring authorizations.
C. Fees for moniforing,inspection,surveillance and enforcement procedures
including fhe cost of collection and analyzing a user's discharge;
D.Fees for reviewing and responding to accidental discharge procedures and
construction;
E.Feesfor preparing and execufing enforcement acfion;
F.Feesfor filing appeals:
G. Feesfor High Sfrength Waste and Industrial Processflow:and
H.Other fees as the City may deem necessary fo carry ouf the requirements
contained herein.
All fees or charges will be collected by direct billing.Unless the Director has been
made aware of exfenuafing circumstances fhat would prevent prompt paymenf,
all fees are payable wifhin 30 days of fhe billing. Fees pasf due will be considered
a violation of this ordinance.Users nof paying fees wifhin 60 days of the billing
period will be subject to fermination of service.The Director may change existing
or adopt new fees.
12.2 Severabilify
If any provision of fhis ordinance is invalidafed by any court of compefent jurisdiction,the
remaining provisions shall not be effected and shall continue in full force and effect.
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12.3 Conflicts /Repeol.
All other ordinances and parts of other ordinances inconsistent or conflicfing with any
part of this ordinance,are hereby repealed to the extenf of the inconsisfency or conflict.
12.4 NON-LIABILITY.
It is the express purpose of the Cify of Marysville to establish an industrial pre-treatment
program in order to provide for and promote the health,safety and welfare of the
general public.It is not the intent of this ordinance to create or otherwise establish or
designate any particular class or group of persons who will or should be especially
protected or benefited by the terms or requirements of this ordinance.
It is the specific intent of this ordinance to place the obligation of complying with these
requlctlons upon the applicant or Discharger and no provision nor any term used in this
ordinance is intended to impose any duty whatsoever upon the City or any of its.officers,
employees or agents,except as provided under the Act or other related statutes of the
United States or the State of Washington.
Nothing contained in this ordinance is intended to be nor shall be consfrued to creafe or
form the basis for any tort liability on the part of the City or its officers.employees or
agents,for any injury or damage resultinq from the failure of an applicant or Discharger
to comply with fhe provisions of this ordinance,or by reason or in consequence of any
inspection,notice,order,certificate,permission or approval authorized or issued or done
in connection with the implementation or enforcement of this ordinance,or inaction on
the part of the City related in any manner to the implementation or the enforcement of
this ordinance by itsofficers,employees or agents.
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SECTION 15-EFFECTIVE DATE
PASSED by the City Council and APPROVED by the Mayor this t?~day of ~
__,,1991£...
CITY OFnYSVILLE
BY~~
MAYOR
City Clerk
Gre"i LJ mel
City Attorney
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