HomeMy WebLinkAboutO-3222 - Amending Title 14 Water & Sewer of the MMC to Establish a Source Control ProgramCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE 511'2-
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
UPDATING THE STORMWATER MANAGEMENT AND SEWER
PRETREATMENT REGULATIONS PURSUANT TO THE WESTERN
WASHINGTON NPDES PHASE II MUNICIPAL STORMWATER PERMIT
ISSUED TO THE CITY BY THE WASHINGTON STATE DEPARTMENT OF
ECOLOGY AND AMENDING CHAPTERS 14.20 and 14.21 OF THE
MARYSVILLE MUNICIPAL CODE.
WHEREAS, the Federal Clean Water Act, 33 U.S.C. 1251 et seq. (the Act), requires
certain local governments such as the City of Marysville to implement stormwater
management programs and regulations within prescribed time frames, and pursuant to said
Act the United States Environmental Protection Agency (EPA) has adopted rules for such
stormwater programs and regulations; and
WHEREAS, the EPA has delegated authority to the Washington State Department of
Ecology (Ecology) to administer such stormwater programs and regulations, and Ecology
has issued the Western Washington Phase II Municipal Stormwater Permit, effective August
1, 2019 through July 31, 2024, which requires local governments such as the City of
Marysville to implement numerous stormwater management requirements, including
requiring the application of source control best management practices (BMPs) for pollutant
generating sources associated with existing land uses and activities by August 1, 2022; and
WHEREAS, in 1996, the City Council adopted Ordinance 2072, which adopted sewer
pretreatment standards, as set forth in Ch. 14.20 MMC; and
WHEREAS, in 2009, the City Council adopted Ordinance 2782, which adopted illegal
discharge and connection regulations, as set forth in Ch . 14.21 MMC; and
WHEREAS, in order to comply with the currently effective Western Washington
Phase II Municipal Stormwater Permit, the current stormwater regulations and related
municipal code provisions, as primarily set forth in Title 14 MMC, need to be updated to
establish a Source Control Program that incorporates and applies source control BMPs; and
WHEREAS, the newly established Source Control Program will reference and review
pretreatment standards in the course of regular inspections; and
WHEREAS, the pretreatment standards as set forth in Ch. 14.20 MMC additionally
require updates to clearly reflect current practices and procedures with regards to business
pollutant management; and
WHEREAS, at a public meeting on July 13, 2022, the Marysville City Council
reviewed and considered the proposed amendments to MMC Title 14; and
WHEREAS, public health, safety, and welfare benefits from periodic updates to the
municipal code.
Code Amendment MMC Chapter 14.20 & 14.21 Page 1 of 2
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. Amendment of Municipal Code. Sections 14.20.030, 14.20.040,
14.20.130, and 14.20.150 of the municipal code are hereby amended as set forth in
Exhibit A, which is attached hereto and incorporated herein by this reference.
Section 2. Amendment of Municipal Code. Section 14.21.010, 14.21.020,
14.21.030, 14.21.080 and 14.21.090 of the municipal code is hereby amended as set forth
in Exhibit B, which is attached hereto and incorporated herein by this reference.
Section 8. Severability. If any section, subsection, sentence, clause, phrase or
word of this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this ordinance.
Section 9. Corrections. Upon approval by the city attorney, the city clerk or the
code reviser are authorized to make necessary corrections to this ordinance, including
scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules,
or regulations; or numbering or referencing of ordinances or their sections and subsections.
Section 10. Effective date. This ordinance shall take effect on August 1, 2022.
PASSED by the City Council and APPROVED by the Mayor this ll ~ day of JIA.l'/ , 2022.
ATTEST:
By \ ~
Ap1 ii O'Brierr, Deputy City Clerk
'2:iln!.V-1-lv-t bu4{,t S
Approved as to form: /J
By ~~;~
Jon Walker, City Attorney
Date of Publication:
Effective Date: August 1, 2022.
CITY OF MARYSVILLE
By ~~(
Jon Neb-/fng; Mayor V
Code Amendment MMC Chapter 14.20 & 14.21 Page 2 of 2
Exhibit A Chapter 14.20 WASTEWATER PRETREATMENT
14.20.030 Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter,
shall have the meanings hereinafter designated.
{1) "Accessible" when applied to require pretreatment monitoring or equipment, shall mean direct
access without necessity of removing any panel, door, vehicle, equipment, materials or other similar
obstruction.
{-12) "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 U.S.C. 1251 et seq.
{~3) "Administrative penalty (fine)" means a punitive monetary charge unrelated to treatment cost,
which is assessed by the director rather than a court.
{M) "Applicable pretreatment standards," for any specified pollutant, means Marysville prohibitive
standards, Marysville specific pretreatment standards (local limits), state of Washington pretreatment
standards, or EPA's categorical pretreatment standards (when effective), whichever standard is
appropriate and most stringent.
{45) "Approval authority" means the state of Washington Department of Ecology.
{.§6) "Authorized representative of the user" means:
(a) If the user is a corporation:
(i) The president, secretary, treasurer, or a vice president of the corporation in charge of
a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
(ii) The manager of one or more manuf<!cturing, production, or operation facilities if
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures;
(b) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively;
(c) If the user is a federal, state, or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or his/her authorized designee;
(d) The individuals described in subsections (5)(a) through (c) 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.
(e7) "Best management practices (BMPs)" 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.
(-7-8) "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five days at 20 degrees
centigrade, usually expressed as a concentration (milligrams per liter (mg/I)).
(&9) "Categorical pretreatment standard" or "categorical standard" means any regulation containing
pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the
Act (33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 -471.
(-!HO) "Categorical user" means a user covered by one of EPA's categorical pretreatment standards.
(.Wll) "Chemical oxygen demand (COD)" means 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/I during a specific test.
(H12) "City" means the city of Marysville, Washington.
(~13) "Cooling water/noncontact cooling water" means water used for cooling which does not come
into direct contact with any raw material, intermediate product, waste product, or finished product.
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.
(-H14) "Color'' means the optical density at the visual wave length of maximum absorption, relative to
distilled water. One hundred percent transmittance is equivalent to zero (O.O) optical density.
(15)" Common Interceptor" means one or more interceptors receiving FOG wastewater from more than
one establishment.
(~16) "Composite sample" means the sample resulting from the combination of individual wastewater
samples taken at selected intervals based on an increment of either flow or time.
(~17) "Director'' means the director of the city of Marysville public works department, or ~is duly
authorized representative.
(-1-e18) Discharge Authorization. See "Wastewater discharge authorization."
(±-7-19) "Domestic user (residential user)" means 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/I of BOD and TSS.
(-1820) "Environmental Protection Agency (EPA)" means the U.S. Environmental Protection Agency or,
where appropriate, the Regional Water Management Division Director, or other duly authorized official
of said agency.
(,1g21) "Existing source," for a categorical industrial user, 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 ofthe Act.
(~22) "Existing user," for noncategorical users, is defined as any user which is discharging wastewater
prior to the effective date of the ordinance codified in this chapter.
(2--123) "Fats, oils and grease (FOG)" means 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.
(24) "Food service establishment (FSE)" means any establishment, commercial or noncommercial,
primarily engaged in preparing, serving, or otherwise making available for consumption foodstuffs in or
on a receptacle that requires washing more than two days per week and that discharges to the POTW.
(~25) "Grab sample" means a sample which is taken from a wastestream on a one-time basis without
regard to the flow in the wastestream and without consideration of time.
(26) "Grease removal system (GRS)" means a Grease Interceptor or Grease Trap
(~27) "High strength waste" means any waters or wastewater having a concentration of BOD or total
suspended solids in excess of 220 mg/I.
(~28) "Indirect discharge" or "discharge" means the introduction of pollutants i.nto the POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) ofthe 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.
(~29) "Interference" means 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) is a cause of a violation of the
city's NPDES authorization or of the prevention of sewage sludge use or disposal in compliance with any
of the following statutory/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 D of the SWDA; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(~30) "Local discharge limitations" means 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.
(~31) "Maximum allowable discharge limit" means the maximum concentration (or loading) of a
pollutant allowed to be discharged at any time.
(;/;832) "Medical wastes" means isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, and dialysis wastes.
(~33) "New source" means:
(a) Any building, structure, facility, or installation from which there is (or may be) a discharge of
pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) ofthe Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that section; provided, that:
(i) The building, structure, facility, or installation is constructed at a site at which no
other source is located; or
(ii) The building, structure, facility, or installation totally replaces th.e process or
production equipment that causes the discharge of pollutants at an existing source; or
(iii) 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.
(b) Construction on a site at which an existing source is located results in a modification rather
than a new source, if the construction does not create a new building, structure, facility, or
installation meeting the criteria of subsection (29}(a)(ii) or (iii) but otherwise alters, replaces, or
adds to existing process or production equipment.
(c) Construction of a new source as defined under this subsection has commenced if the owner
or operator has:
(i) Begun or caused to begin as part of a continuous on-site construction program:
(A) Any placement, assembly, or installation of facilities or equipment; or
(B) 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
(ii) 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 section.
(~34) 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 the ordinance codified in this
chapter. Any person that buys an existing facility that is discharging nondomestic wastewater will be
considered an "existing user" if no significant changes are made in the operation.
{35) "Non-FSE FOG discharger (NFD)" means any establishment, such as a church, synagogue, worship
hall, banquet facility, or meeting space, nursing homes, hotel conference spaces with a commercial-style
kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in
or on a receptacle that requires washing two days a week or less and that discharges to the POTW.
(,Y-36) "Pass through" means a discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the city's NPDES authorization (including an
increase in the magnitude or duration of a violation).
(~37) "Person" means any individual, partnership, copartnership, 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.
(~38) "pH" means a measure of the acidity or alkalinity of a substance, expressed in standard units.
(~39) "Pollutant" means 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).
(™-0) "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in wastewater prior to (or in lieu of) introducing
such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means (except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard).
(~1) "Pretreatment requirements" means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
(¼742) "Pretreatment standards" or "standards" means prohibited discharge standards, categorical
pretreatment standards, and local limits established by the city (POTW).
(~3) "Prohibited discharge standards" or "prohibited discharges" means absolute prohibitions against
the discharge of certain substances; these prohibitions appear in MMC 14.20.050.
(~4) "PubliFIY owned treatment works (POTW)" means 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.
(4Q45) "Recreational vehicle waste (RV waste)" means any domestic and/or residential wastes from
holding tanks on private recreational vehicles, including travel trailers, pickup truck mounted campers
and mobile domestic single-family recreational vehicles. This category does not include tour buses and
public transportation vehicles. This category does not include wastes from vehicles which collect
wastewater from holding tanks.
(4146) "Septic tank waste" means any domestic and/or residential sewage from holding tanks such as
vessels, chemical toilets, and septic tanks.
(~7) "Sewage" means human excrement and gray water (household showers, dishwashing operations,
etc.).
(~8) "Sewer" means any pipe, conduit ditch, or other device used to collect and transport sewage
from the generating source.
(4449) Shall, May. "Shall" is mandatory, "may" is permissive.
(~SO) "Significant industrial user (SIU)" means:
(a) A user subject to categorical pretreatment standards; or
(b) A user that: .
(i) Discharges an average of 25,000 gpd or more of process wastewater to the POTW
(excluding sanitary, noncontact cooling. and boiler blowdown wastewater); or
(ii) Contributes a process wastestream which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(iii) Is designated as such by the city on the basis that it has a reasonable potential for
adversely affecting the POTW's operation or for violating any pretreatment standard or
requirement;
(c) Upon a finding that a user meeting the criteria in subsection (4S)(b) 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.
(4951) "Slug load" means any discharge at a flow rate or concentration which could cause a violation of
the discharge standards in MMC 14.20.050 through 14.20.080 or any discharge of a non routine, episodic
nature, including but not limited to an accidental spill or a noncustomary batch discharge, or any
discharge greater than or equal to five times the amount or concentration allowed by authorization or
this chapter. '
(4752) "Standard Industrial Classification (SIC) code" means a classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and Budget.
(4&53) "State" means the state of Washington.
(4954) "Storm water" means any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation, including snowmelt.
(WSS) "Total suspended solids" means the total suspended matter that floats on the surface of, or is
suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
(MSG) "Toxic pollutant" means 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.
(~57) "Treatment plant effluent" means the discharge from the POTW into waters of the United States.
(£58) Treatment Works. See "Publicly owned treatment works (POTW)."
(.§459) "User" or "industrial user" means a source of indirect discharge. The source shall not include
"domestic user" as defined herein.
(.§.:§60) "Wastewater" means liquid and water-carried industrial wastes and sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether
treated or untreated, which are contributed to the POTW.
(-ee61) "Wastewater discharge authorization" means 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 chapter.
(e-762) "Wastewater treatment plant" or "treatment plant" means 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. (Ord. 2072 § 1.3, 1996).
14.20.040 Abbreviations.
The following abbreviations shall have the designated meanings:
AKART All 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
FSE Food service establishment
gpd gallons per day
GRS Grease removal system
I liter
LEL Lower explosive limit
mg milligrams
mg/I milligrams per liter
NFD Non-FSE FOG discharger
NPDES National Pollutant Discharge Elimination System
0 and M Operation and maintenance
POTW Publicly owned treatment works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classifications
SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
TSS Total suspended solids
U.S.C. United States Code
(Ord. 2072 § 1.4, 1996).
14.20.130 General pretreatment facilities.
(1) Users shall provide all known, available, and reasonable methods of prevention, control, and
treatment (AKART) as required to comply with this chapter and shall achieve compliance with all
applicable pretreatment standards and requirements set out in this chapter within the time limitations
specified by the EPA, the state, or the director, whichever is more stringent. Users other than significant
industrial users (SI Us), subject to this chapter are as follows:
(a) Grease Control/Pretreatment. Measures to control, recycle, remove or pretreat for grease
that are applicable to food service establishments, are subject to Chapter 14.20.150 for fats,
oils, and grease (FOG) control.
(b) 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, silt, 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, coalescing plate
treatment, or settling tanks in accordance with specifications adopted by the city of Marysville
such that excessive amounts of oil, sand, silt, and inert solids are effectively prevented from
entering the POTW.
(c) Dental facilities or any other dischargers with the potential to discharge mercury from
amalgam shall install approved amalgam separator or shall demonstrate the lack of need for an
amalgam separator in accordance with specifications adopted by the city of Marysville such that
mercury is effectively prevented from entering the POTW.
· {d) Any other commercial user determined to discharge or to have the potential to discharge
waste that contains constituents that may impact the function of POTW as determined by the
City.
{2) Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided,
operated, and maintained at the user's expense.
{3) 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.
(4) 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 chapter.
{S) Within 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.
(6) New sources, and new users determined to be significant industrial users (SIUs) must have
pretreatment facilities installed and operating prior to discharge, if required. (Ord. 2072 § 2.9, 1996).
(7) All facilities required to pretreat wastewater to a level acceptable to the city shall be kept in
continuous operation at all times, and shall be maintained to provide efficient operation. Cleaning must
be performed by a service contractor qualified to perform such cleaning, or in a manner approved by
the director. All material removed shall be disposed of in accordance with all state and federal
regulations. Records and certification of maintenance shall be made readily available to the director for
review and inspection and must be maintained for a minimum of three years unless otherwise outlined
in Chapter 14.20.150.
{8) If a failure to maintain facilities required to pretreat wastewater to a level acceptable to the city
results in partial or complete blockage of the building sewer, private sewer system discharging to the
city sewer system, or other parts of the city sewer system, or advers.ely affects the treatment or
transmission capabilities of the POTW, or requires excessive maintenance by the city, or poses a possible
health hazard, the discharger responsible for the facilities shall be subject to the remedies imposed by
_this chapter including cost recovery, enforcement and penalties.
14.20.150 Pretreatment facilities for fats, oils and grease (FOG).
(1) General.
(a) 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.
(b) 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.
(c) It shall further be unlawful for any person to allow liquid waste to accumulate on his property
or in his possession which is injurious to public health or emits offensive odors.
(d) 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.
(e) Food service establishments and other facilities described in subsection (4) of this section
discharging wastewater shall install, operate, clean, and maintain a sufficiently sized oil and
grease, water and solids separator (herein called grease interceptor) necessary to achieve
compliance with requirements set forth under this provision.
(f) (i) Oil or grease of petroleum or mineral origin shall not be discharged to the city's sewer
· system at a concentration in excess of 100 mg/I.
(ii) Fats, oil or grease of animal or vegetable origin shall not be discharged to the city's sewer
system at a concentration in excess of 100 mg/I.
(g) The concentration of oils and grease shall be measured in samples taken from the sampling
chamber following pretreatment in an approved grease interceptor in accordance with the
requirements 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.
(2) Waste Discharge Requirements.
(a) Waste discharge from fixtures and equipment in establishments that may contain grease,
including but not limited to scullery sinks, pot 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 the sanitary sewer only after such discharges are pretreated in an
approved grease waste interceptor in accordance with this section.
(b) 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.
(3) Location.
(a) eacl:1 gFease inteFCefi)tOF shall be so installee! ane! connectee! that it shall be at all tiR1es easil•t
accessible for insfi)ection, cleaning, ane! the reR1oi.cal of the intercefi)tee! grease. A grease
intercefi)tor R1ay not be installee! in an•,· fi)art of a buile!ing where fooe! is hane!lee!. Location of the
intercefi)tor shall Rleetthe afi)Jilroi.cal of the e!irector.
(b) lntercefi)tors shall be fi)lacee! as close as fi)ractical to the fo1ture(s) they serve.
(c) each business establishRlent for which a grease intercefi)tor is requiree! shall have an
intercefi)tor which shall serne only that establishR1ent.
(43) Pretreatment Required.
All FSEs and NFDs shall have an adequate grease removal system installed and exercise proper
· kitchen best management practices to ensure that excess concentrations of FOG are not
discharged to the POTW.
(a) EJischargers who Ofi)erate newly constructee! or remoe!elee! restaurants, meat cutting
facilities, cafes, lunch counters, bakeries, cafeterias, bars, or clubs; or hotel, hosfi)ital, sanitariuR1,
factory or school kitchens; or other establishments that serne or fi)Fefi)are food where grease
R"ta'/ be introe!ucee! to the sewer s11steR1 shall have fi)retreatment facilities to fi)revent the
e!ischarge of fat v.«aste, oil, or grease.
(b) EJischargers who Ofi)erate automatic ane! coiR ofi)erated laune!ries, car washes, filliRg stations,
comR1ercial garages or similar busiResses ha•.·ing any tyfi)e of washiRg facilities (inclue!ing
13ressure washing a Rel steam cleaning) or aR'( other e!ischargers 13roe!uciRg grit, sane!, oils, lint, or
other R'!aterials which have the fi)Otential of causing fi)artial or com13lete obstruction of the
buile!ing site se·.ver or other areas in the POTW shall install afi)fi)rovee! interce13tors, oilf,.•,iater
se13arators, or tanlEs in accordance 'l.'ith sfi)ecifications ae!o13tee! by the city of Marysville such that
m1cessive amouRts of oil, sane anEI inert so lies are effecti·.«el·t fi)re·.«entee! from entering the
PQ+W.,.
~) Design
GRSs shall be designed, sized, located and constructed in accordance with the city's engineering
design and development standards (EDDS) or as provided by the Director or designee.
(a) Grease intercefi)tors shall be multifi)le com13artmeRt flotation cf:lambers wf:lere grease
floats to the water surface anEI is retain ea while the clear water unElerneath is
e!ischargeEI. The clear water e!ischargee! is subject to the e!ischarge 13rohibitions of
subsection (1) of tl:!is section.
(13} Tl'le gFease iRteFeepteF sl'lall 13e fellewed 13y a saFRpliRgeeFRpartFReRt ta all01N feF
FReRiteFiRg ef disel'laFges freFR tl'le pretrnatFReRt 1:Jnit. Tl'le geeFRetFy ef tl'le saFRpliRg
eeFRpartFReRt sl'lall 13e iR aeeeFdaRee witl'l eity ef MaF'f-i¥ille staRdaFd plaR feF gFease
iRteFEepteFs a11ailal31e at tl'le 1:Jtility departFReRt. IRteFeepteFS sl'lall l'la11e fittiRgs desigRed
feF gFease FeteRtieR.
(e} Tl'lern sl'lall 13e aR adeq1:Jate Rl:lFRl3eF ef FRaRl'leles ta prn,..ide aeeess feF eleaRiRg a Rd
FRaiRteRaRee ef all areas eftl'le iRteFeepteFs; a FRiRiFRl:JFR ef eRe FRaRl'lele peF 10 feet ef
iRteFeepteF leRgtl'l. MaRl'lele emmFs sl'lall 13e gas tigl'lt iR eeRstrnetieR, aRd l'la11e a
FRiRiFRl:JFR epeRiRg diFReRsieR ef 20 iRel'les.
(e) SiziRg CFiteFia.
(a} SiziRg FerFRl:lla. The size ef tl'le grnase iRteFEepter sl'lall 13e deteFFRiRed 13y 1:JSiRg tl'le
felle•#iRg f0FFR1:Jla: seatiRg eapaeity er tl'le Rl:lFRl3eF ef FReals sen,ed peF pea le 1'101:Jr,
',Yl'liel'le¥eF is gFeateF, x e.O galleRS x 2.5 R01:JFS >< sterage faeter iRteFeepteF size iR
galleRs.
SteFage faeteF sl'lall 13e as fellews:
Faeilities epen less tl'laR 1e 1'101:Jrs 1
Faeilities epeR feF 1e R01:JFS 0F FR0Fe -2
Faeilities epeR feF 24 1'101:JFS 3
(13} IA eases ef eertaiR fast feed resta1:JFaRts eF estal31isl'IFReRts witl'l tl'le peteRtial ta
disel'laFge large q1:JaRtities ef ails, grnase, selids eF waste11.«ateFs, laFgeF eapaeities ef
grnase iRtereepteFs FRa•t he Feq1:JiFed. Prnpaelcaged eF FRaR1:Jfaet1,1red gFease iRteFeepteFs
FRay he apprn,..ed 13y tl'le dirneteF 'A'itl'l prnpeF eRgiReeFiRg aRd a1313lieati0R Fe¥iew.
(5) New Construction
All new construction FSEs and NFDs shall submit kitchen fixture plan views and kitchen waste
plans showing all potential grease-discharging lines, all GRSs, and connecting piping to the
director or his designee for approval prior to construction. The plumbing shall be installed in
accordance with the approved plans. Failure to submit plans or construct in accordance with
approved plans is a violation of this chapter.
(a). All new single-occupancy food service establishment buildings shall be constructed
with properly sized interceptor-style grease removal systems. Where bona-fide space or
gradient limitations make the use of an interceptor-style GRS impractical, and with prior
approval of the director, an FSE may install properly sized trap-style GRSs. All kitchen
drains and any other drains that may carry grease-laden waste shall be connected to
this GRS (except the dishwasher if a trap-style GRS is installed). If a trap-style GRS is
installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or
similar unit installed.
(b) All new construction multi-tenant buildings (strip centers) shall include a separate
waste line for all leasable spaces that discharges to a common two thousand gallon or
larger interceptor. This waste line shall be permanently marked to identify it as required
by the director. When a space is leased, sold, or rented to an FSE or NFD, all kitchen
drains and any other drains that may carry grease-laden waste shall be connected to
this waste line; no domestic sewage may be connected to this line. The property owner
shall be responsible for proper maintenance of this interceptor in accordance with the
provisions of this chapter.
(c) All new single-occupancy non-FSE FOG discharger buildings shall install a properly
sized GRS. Interceptor-style GRSs are recommended, but trap-style GRSs are
permissible. All kitchen drains and any other drains that may carry grease-laden waste
shall be connected to this GRS (except the dishwasher if a trap-style GRS is installed). If a
trap-style GRS is installed, the kitchen may not have a garbage disposal/garbage
grinder/macerator or similar unit installed.
(d) Any FSE or NFD undertaking a substantial remodel or tenant improvements will be
considered to be new construction for the purposes of this chapter.
(6) Existing Dischargers of Grease Wastes
Any existing FSE or NFD without a functional GRS shall be required to install one. The
type of GRS required will be determined by the director, taking into account cost,
available space and gradient, history of impacts and maintenance to the sewer
collection system, and any other pertinent information. Where feasible, all kitchen
drains and any other drains that may carry grease-laden waste shall be connected to
this GRS (except the dishwasher if a trap-style GRS is installed). If a trap-style GRS is
installed, the kitchen may not have a garbage disposal/garbage grinder/macerator or
similar unit installed.
(7) Source Control.
(a) 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.
(b) In no case shall free liquid grease be disposed of directly into fixtures which are
connected to the sewer system.
(c) 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 subsection are allowed for fixtures which discharge to the sewer
system through an approved grease interceptor.
(d) Hauling and recycling of restaurant grease shall be accomplished at a facility holding
a state rendering permit.
(8) Additives.
(a) 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.
(b)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.
(c)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.
(9) Grease removal system lnteree13tor Mmaintenance.
(a) Each facility required to install and maintain a grease waste interee13tor GRS under this
chapter shall provide regular maintenance of said interee13tor GRS to the satisfaction of the
director in an accordance with the requirements set forth in this chapter.
(b) Trap style GRSs shall be inspected and cleaned no less than once per month. Trap-style GRSs
may be maintained by the FSE or NFD. When cleaned, the trap must have surface grease and oil
removed, settled solids removed, all sides scraped, removable parts removed and cleaned, be
inspected for damage and corrosion, and be properly reassembled. If repairs are required, they
shall be performed within seven days. Maintenance and cleaning records must be kept on site
and readily accessible for a period of 12 months.
(c) The material that is removed in the process of cleaning a GRS shall not be discharged back
into the GRS, any part of the POTW, any private sewer, any drainage piping, or storm sewer
system. All materials removed shall be handled and disposed of in accordance with federal,
state, county and local laws, rules and regulations.
(d) In addition to the maintenance required above, automatic grease removal systems shall be
maintained in accordance with the manufacturers' guidelines.
(ae) Each person who removes grease waste from the grease interceptor style GRS shall, to the
extent technically and mechanically possible, remove the entire content of the grease
interceptor.
(i) 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 inte'rceptor from which the waste was removed or any
other grease interceptor for the purpose of reducing the volume to be hauled is
prohibited.
(ii) 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 six
months.
(iii) Disposal of Grease Interceptor Pumpage. All waste removed from each grease
interceptor must be disposed of at a facility permitted by the health department in the
county in which the disposal facility is located. Under no circumstances shall the
pumpage be returned to any POTW or any sewer.
(iv) 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, free 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.
(v) 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. +he
maintenance recorel log sl'lall ee recoreleel in tl'le format oftl'le sample log inelueleel in
suesection (10} of tl'lis section.
(vi) Maintenance Reporting. The information required in the maintenance log shall be
submitted to the control authority annually or as specified by POTW personnel. The
reporting period is January 1st through December 31st of each year. The report shall be
submitted within 30 days after the end of the reporting period.
(vii) Hazardous Material Prohibited. No person shall collect, transport, or handle any
hazardous material in any vehicle used for grease waste handling.
(10) Maintenance Log Format. All pumpage collecteel e·1 l'la1:,Jlers from grease interceptors sl'lall
ee verifieel ey a maintenance log •.yl:iicl'l confirms pumping, l'la1:,Jling anel elisposal of 'Haste.
Maintenance recorels anel maintenance reporting req1:,Jirements are speeifieel in Sl:,JBSections
(9HeHv) anel (vi} of tl'lis section. ~a_cl'l person \Nl'lo engages in grease •,yaste l'lauling sl'lall
complete tl'le log eacl'l time sucl'l person services a grease interceptor. £1:,Jcl'l person sl'lall pro· .. iele
a copy of tl'le log to tl'le geneFator of tl:ie grease waste. Tl'le log format sl'lall ee one of two types.
(a) Type I Maintenance Log Format. Tl'le Type I format sl'lall ee 1:,JSeel wl'len tl'le transporter of tl'le
pl:,lmpage maintains anel operates a grease waste treatment facility wl'lere sucl'l facility is
permitteel e·r tl'le local elepartment of Mealtl'l in tl'le co1:,Jntv in wl'licl'l tl'le facility is locateel. Tl'le
local l'lealtl:i elepartment permit sl'lall specifically co·.•er activities associateel witl'l grease -.•,aste
recycling anel/or elisposal acti• .. ities.
Tl'le elirector will Fl'laintain a list of approves perfl'littea grease waste receiving facilities. A
perfl'litteel grease waste facility Fl'la'/ ee aeleleel to tl'le elirector's list of approveel facilities 1:1pon
Sl:,JBmittal of a proper aepartment of l'lealtl'l permit for tl'le county in •.vl'licl'l tl'le receiving facility
is loeatea. The Ty13e I gFease •,vaste FAaintenanee log foFFAat shall be i,Jsea only b•t tFans13orteFs
on the aireetor's list of a1313Fo11ea 13eFFAittea grease waste reeeiving faeilities.
(b) Ty13e II Maintenanee Log l=0FFAat. The Ty13e II grease waste interee13tor FAaintenanee log
forFAat shall be 1:1sea when the tFans13orter of the 131:1FA13age sees not FAaintain ans 013erate a
13erFAittea gFease ·11aste treatFAent faeility. The Ty13e II foFFAat shall be 1:1sea by all tFans13orters
not on the list of 13erFAittea ans a1313Fo11ea grease waste reeei•1ing faeilities FAaintainea by the
aireetor. Any trans13orter on the a1313rovea list who aoes not ais13ose ofthe ha1:1lea gFease waste
at its own 13eFFAittea treatFAent faeility shall 1:1se the Ty13e II forFAat.
Eaeh log entry shall eonsist of a single sheet of eight ans one half ineh b't 11 ineh 13a13eF on whieh the
req1:1irea aata is enterea. The following foFFAat shall be 1:1sea foF eaeh log entry:
Ty13e I i=ormat
GREASE INTERCEPTOR
MAINTENANCE LOG
TYPE I l=ORMAT
PREPARED l=OR Tl=IE CITY
01= MARYSVILLE, WA
GENER.I\TOR INl=ORMATION
NAME: (t•113e faeility name)
ADDRESS: (t•113e faeility aaaFess)
DATE: (hanawFitten entrt)
VOLUME PUMPED: (hanawFitten entF'()
TRANSPORTER INl=ORMATION
NAME: (ty13e b1::1siness name of trans13orteF)
ADDRESS: (ty13e trans13orter aaaress)
VEl=IICLE DESCRIPTIOPl AND CAP.'l.CITY: (hanawritten entry)
ESTIMATED Tl=IICK~IESS OF l=LO,'I.TING GREASE: (hana·Nritten entry)
ESTIMATED DEPTl=I OF BOTTOM SOLIDS: (hana~t,«Fitten entry)
COMMENTS: (13Foviae fo1::1r lines the fl::111 wiath of the 13age to allow ariveF to enter observations on the
eonaition of the grease inteFee13tor)
DRIVER NAME: (hana 13Fint arit.•er name)
SIGNATURE: (ariver signat1::1re)
Ty13e 11 l=ormat
GRe.'\Se INTeRCePTOR
M.'\INTEN.'\NCe LOG
TYPE: II FORM/\T
PRePAReE) FOR THe CITY
OF M.'\R¥SVILLe, I/VA
GENER.'\TOR INFORM/\TION
NAME:: (type facilit•r Aame)
.'\E)E)ReSS: (type facility address)
E).'\Tf: (haAdwritteA eAtr'I)
VOLUME: PUMPrn: (haAdwritteA eAtry)
TRANSPORTER INFORMATION
NAME:: (type busiAess Aame of traAsporter)
AE)E)ReSS: (type traAsporter address)
VEHICLE: E)fSCRIPTION .'\NE) CAPACITY: (haAdwritteA eAtry)
eSTIMATrn THICKNeSS OF FLOATING GReASe: (haAdwritteA eAtry)
eSTIMATrn E)ePTH OF BOTTOM SOLIE)S: (haAdwritteA eAtry)
COMMENTS: (prm,•ide four liAes the full width of the page to allov, driver to eAter observatioAs OR the
coAditioA of the grease iAterceptor)
E)RIVER NAME:: (haAd priAt dri>ver Aame)
SIGN.'\TURe: (driver sigAature)
ReCelVING FACILITY INFORMATION
FACILITY NAME:: (t•tpe facility Aame)
AE)E)ReSS: (type facility address)
FACILITY PERMIT NUMBER: (type E)ept. of Health permit Aumber)
E).'\Te: (haAdwritteA eAtry)
VOLUME OF WASTE:: (haAdwritteA eAtry)
CLASSIFICATION OF '.OJASTe: (haAdwritteA eAtry)
NAME:: (priAt Aame of receiviAg facilit'I employee authorized to documeAt '#aste discharge)
SIGNATURE:: (sigAature of above emplo•,ee)
(11} Inspection and Entry.
(a) Any and all premises serviced by a grease interceptor and any and all records pertaining
thereto shall be subject to inspection by the director for the purpose of determining compliance
with this chapter.
(b) All GRSs shall be made accessible for inspection.
(be) 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 chapter.
(12) e:KistiRg Dischargers of Grease 1}/astes.
(a) All mEistiRg resta1:1raRts, cafes, l:lalEeries, l1:1Rch co1:1Rters, cafeterias, meat c1:1ttiRg facilities,
l:lars, or cl1:11:ls, or hotel, hosl')ital, saRitari1:1m, factory or school lEitcheRs; or other estal:llishmeRts
that serve or l')rel')are food where grease may he iRtrod1:1ced to the sewer system which do Rot
ha'le grease iRtercel')tors, or do Rot ha'le adeei1:1ately sized iRtercel')tors at the time of adol')tioR
of the ordiRaRce codified iR this chal')ter shall meet the reei1:1iremeRt for iRtercel')tioR of grease,
oils a Rd fats l:ly iRstalliRg aR al'}l')FOVed grease iRtercel')tor.
{I:!) Al')l')roved grease iRtercel')tors shall he iRstalled withiR si:K moRths of the adol')tioR of the
ordiRaRce codified iR this chal')ter for e➔EistiRg facilities ideRtified l:ly the director as ha1,iRg a
history of ca1:1siRg l')FOl:llems iR the city's collectioR s•tstem. l=acilities which m1:1st iRstall al')l')FO'led
grease iRtercel')tors withiR si:K moRths of ordiRaRce adol')tiOR will he Ratified iR writiRg l:ly the
director.
{c) e:KistiRg facilities which are Rot so Ratified l:ly the director shall ha•.«e 18 moRths from the time
of adol')tioR of the ordiRaRce codified iR this chal')ter to iRstall al')l')roved grease iRtercel')tors iR
accordaRce with this chal')ter. E::KistiRg facilities which c1:1rreRtly have grease iRtercel')tors of
adeei1:1ate size to meet the reei1:1iremeRts of this chal')ter shall s1:11:lmit drm,1,iRgs of the m1istiRg
iRstallatioR aloRg •.vith calc1:1lati0Rs to demoRstrate the adeei1:1acy of the e)EistiRg iRstallatioR. If
the director determiRes that the e:KistiRg grease iRtercel')tor meets the reei1:1iremeRtS of this
chal')ter, the facility will he reei1:1ired to iRstall oRl•r the saml')liRg chaml:ler as shm,\'R OR the
staRdard l')laR for grease iRtercel')tors. (Ord. 2072 § 2.11, 1996).
Exhibit B -MMC Chapter 14.21 ILLICIT DISCHARGE DETECTION AND
ELIMINATION (IDDE)
Chapter 14.21
ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
Sections:
14.21.010
14.21.020
14.21.030
14.21.040
14.21.050
14.21.060
14.21.070
14.21.080
Purpose/objectives.
Applicability.
Definitions.
Prohibited discharges.
Allowable discharges.
Conditional discharges.
Prohibition of illicit connections.
Inspections and investigations. Assess te pFefflises.
14.21.090 Requirements to prevent, control, and reduce storm water pollutants by the use of
best management practices (BMPs).
14.21.110 Watercourse protection.
14.21.120 Notification of spills.
14.21.130 Suspension of MS4 access.
14.21.140 Enforcement.
14.21.150 Compensatory action.
14.21.160 Severability.
14.21.170 Ultimate responsibility.
14.21.010 Purpose/objectives.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of
Marysville through the regulation of non storrn water discharges to tf:le city's storm drainage systems to
the maximum extent practicable as required by federal and state law. Tf:lis cf:lapter estaslisf:les R'letf:lods
for controlling tf:le introduction of pollutants into tf:le rnunicipal separate storR'I se•Ner svstern (Msq) in
order to cornply ,., .. itf:l requireR'lents oftf:le National Pollutant Discf:large EliR'lination svstern (~IPDES)
perR'lit process.
The objectives of this chapter are:
{1) To regulate the contribution of pollutants to the MS4, or private storm sewer systems by
storR1 water discharges av, from any user;
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system;
{3) Require applicable source control BMPs for stormwater discharge; and
(~) To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this chapter. (Ord. 2782 § 1 {Exh. A), 2009).
14.21.020 Applicability.
This chapter shall apply to all wateF discharges, either directly or indirectly, entering the municipal
separate storm sewer system {MS4) and private storm sewer systems from any developed and
undeveloped lands unless explicitly exempted by the city. (Ord. 2782 § 1 (Exh. A), 2009).
14.21.030 Definitions.
"AKART" means all known, available, and reasonable methods of prevention, control, and treatment.
See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.
"Best management practices {BMPs)" means schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational practices, maintenance procedures,
and structural or managerial practices to prevent or reduce the discharge of pollutants directly or
indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
"Director of public works" or "director" means the director of the public works department or his/her
designee.
"Ground water" means water in a saturated zone or stratum beneath the surface ofthe land or below a
surface water body.
"Hazardous materials" means any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics may
cause, or significantly contribute to, a substantial present or potential hazard to human health, safety,
property or the environment when improperly treated, stored, transported, disposed of, or otherwise
managed.
"Hyperchlorinated" means water that contains more than 10 mg/liter chlorine.
"Illicit discharge" means any direct or indirect non-storm water discharge to the city's storm drain
system, except as expressly exempted by this chapter.
"Illicit connection" means any manmade conveyance that is connected to a municipal separate storm
sewer without a permit, excluding roof drains and other similar type connections. Examples include
sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are
connected directly to the municipal separate storm sewer system.
"Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances,
including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man made
channels, or storm drains, which are:
(a) Owned or operated by the city of Marysville;
(b) Designed or used for collecting or conveying storm water;
(c) Not part of a publicly owned treatment works (POTW) ("POTW" means any device or system
used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly
owned); and
(d) Not a combined sewer ("combined sewer'' means a system that collects sanitary sewage and
storm water in a single sewer system).
"National Pollutant Discharge Elimination System (NPDES) storm water discharge permit" means a
permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of
Ecology under authority delegated pursuant to 33 U.S.C. Section 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or
gen~ral area-wide basis.
"Non-storm water discharge" means any discharge to the storm drain system that is not composed
entirely of storm water.
"Person" means any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner of a premises or as the owner's agent.
"Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid
wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
"Premises" means any building, lot, parcel of land, or portion of land, whether improved or unimproved,
including adjacent sidewalks and parking strips.
"Source control best management practices (BMPs)" means a structure or operational practices
intended to prevent pollutants from coming into contact with storm water through physical separation
of areas or careful management of activities that are sources of pollutants and are defined in the
Stormwater Manual. .
"Stormwater Manual" means the Stormwater Management Manual for Western Washington adopted in
MMC as the city's minimum stormwater regulations, technical reference manual and maintenance
standard.
"Storm or storm water drainage system" means publicly owned facilities, including the city's municipal
separate storm sewer system, by which storm water is collected and/or conveyed, including but not
limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets,· piped storm drains,
pumping facilities, retention and detention basins, natural and human made or altered drainage
channels, reservoirs, and other drainage structures.
"Storm water" means runoff during and following precipitation and snowmelt events, including surface
runoff, drainage or interflow. (Ord. 3035 § 6 (Exh. F), 2016; Ord. 2782 § 1 (Exh. A), 2009).
"Storm water treatment best management practices (BMPs)" means BMPs that are intended to remove
pollutants from stormwater using gravity, settling, filtration, biological uptake, soil adsorption, and other
processes as defined ih the Stormwater Manual.
14.21.080 Inspections and investigationsAeeess te pFeFRises.
(1) Authority. The director is authorized to establish inspection programs. Inspection programs
may include, but are not limited to:
(a) Routine inspections;
(b) Random inspections;
(c) Inspections based upon complaint or other notices of possible violations;
(d) Inspection of drainage basins or areas identified as higher than typical sources of
sediment or other pollutant or pollutants;
(e) Inspection of any potential pollution generating sources on all public and private
properties within the City; and
(f) Joint inspection with other agencies inspecting under environmental or safety laws.
(2) Right of Entry. An authorized representative of the city may enter private property, upon
receiving permission from a property owner (or other person responsible for the premises), for
the purpose of engaging in activities pursuant to this chapter and the NPDES permit program.
Activities may include inspection, technical assistance, sampling, testing, examination,
abatement, copying of records, and the performance of any other duties as defined by state and
federal law or imposed by this chapter. If entry is refused or cannot be obtained, the director
shall have recourse to every remedy provided by law to secure entry.
(3) Right of Entry in Emergency. In the event of an emergency presenting a threat to public
health or safety and requiring immediate action by the director under this chapter, the director
may enter onto any property without obtaining consent; provided, that as soon as practicable
thereafter, the director shall advise the property owner or other responsible person of such
entry.
(-±4) As a condition of approval of storm water facilities pursuant to this title, property owners
shall be deemed to have permitted the city to enter and inspect premises subject to regulation
under this title, as set forth in this section and as often as may be reasonably necessary to
determine compliance with this title. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives of the city.
(2) Premises owners, occul')iers and their agents shall allov, the city read'I access to all i:>arts of
the i:>remises for the l')Url')oses of insl')ection, sami:>ling, e~caminatien and col')ying of records that
must be kei:>t under the conditions of this title and the i:>erformance of an'( additional duties as
defined by state and federal law.
(5) Inspections and Investigations of Prohibited Discharges and Pollutants. The city shall have
the authority to inspect sources of prohibited storm water discharges and pollutants and BMPs.
Inspections may include, but are not limited to:
(a) Examination of vehicles, trailers, tanks, or mobile or stationary equipment which
could cause a prohibited discharge;
(b) Inspection, sampling, and testing any area, discharge, material, or drainage facility
for the purpose of determining the potential for contribution of pollutants to the storm
water drainage system or waters of the state;
(c) Screening for and/or tracking illicit discharges or illicit connections; 1
\ (d) Inspecting land uses and potential pollution generating activities to ensure that
appropriate source control BMPs are implemented and maintained;
(e) Investigation ofthe integrity of drainage facilities on the premises using appropriate
tests including but not limited to dye or smoke testing or video surveys;
(f) Creating records reasonably necessary to document conditions related to storm
water pollution or BMPs implemented on the premises, including but not limited to
photographs, video, measurements and drawings; and
(g) Inspection and copying of nonconfidential records relating to site activity or
processes presently or previously occurring, including but not limited to safety data
sheets, storm water pollution prevention plans, spill response plans, hazardous waste
manifests, drainage inspection records, state or federal storm water permits, or other
records related to prohibited connections or discharges.
(i6) The city shall have the right to set up on any premises such devices as are necessary in the
opinion of the director to conduct monitoring and/or sampling of the storm water discharge.
(47) The city has the right to require premises owners, occupiers or their agents to install
monitoring equipment as necessary. The monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the premises owners, occupiers, or their agents at
their own expense. All devices used to measure storm water flow and quality shall be calibrated
to ensure their accuracy.
(.~8) Any temporary or permanent obstruction to safe and easy access to the premises to be
inspected and/or sampled shall be promptly removed by the premises owner, occupiers or their
agents at the written or oral request of the city and shall not be replaced. The costs of clearing
such access shall be borne by the premises owner or occupier.
(e9) Unreasonable delays in allowing the city access to a premises is a violation of this chapter. A
person who is the owner or operator of a premises commits an offense if the person denies the
city reasonable access to the premises for the purpose of conducting any activity authorized or
required by this chapter. (Ord. 2782 § 1 (Exh. A), 2009).
14.21.090 Requirements to prevent, control, and reduce storm water pollutants by the use of best
management practices (BMPs).
The Stormwater Manual sets forth approved best management practices (BMPs). The owner or operator
of a commercial or industrial establishment shall provide, at its own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes into the municipal storm drain
system, private storm drain systems, or watercourses through the use of these structural and
nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the
source of an illicit discharge, may be required to implement, at said person's expense, additional
structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal
separate storm sewer system. (Ord. 2782 § 1 (Exh. A), 2009).
(1) Prohibited Discharges. Best management practices (BMPs) as_ specified in the Stormwater
Manual shall be applied to any activity that might result in a prohibited discharge.
(2) Source Control of Pollution. Source control BMPs shall be applied to all properties within the
city that are engaged in pollution generating activities that have the potential to discharge
pollutants into the storm water drainage system or waters of the state, regardless of whether
the property is covered under a separate NPDES permit. Pollutants shall be controlled by
implementing appropriate source control BMPs as specified in the Stormwater Manual.
Pollutants associated with land uses or activities not addressed in the Stormwater Manual shall
be controlled using BMPs reviewed and accepted by the city.
(3) If upon inspection of existing BMPs, the director determines that the BMPs are inadequate at
controlling prohibited discharges or pollutants, the director may require any person responsible
for a property or premises which is, or may be, the source of a prohibited discharge or pollutant
to implement, at their own expense, additional operational BMPs, and if necessary, structural
BMPs and/or treatment BMPs or facilities, or both, to prevent the further discharge of
prohibited storm water discharges or pollutants.