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HomeMy WebLinkAbout1992-3491 Public and Private Sewers 4 411 ORDINANCE NO. 3491 AN ORDINANCE relating to public services and utilities, regulating the use of public and private sewers and drains, private wastewater disposal, and the installation and connection of building sewers, requiring the pretreatment of wastewater discharged into the City of Yakima's sewage treatment plant, establishing charges and fees for dischargers to the City of Yakima's sewage treatment plant; providing penalties for violations; repealing chapter 7 62, "Sewer Use Regulations ", and sections 7.62 10, 7 62 20, 7 62 30, 7 62 40, 7 62 50, 7 62 60, 7 62 70, 7 62.80, 7.62 90, and 7 62 100 thereof, and enacting chapter 7 65, "Sewer Use and Pretreatment Regulations ", and the sections thereof, as a new chapter and new sections of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YARIMA ,Section 1 Chapter 7 62, "Sewer Use Regulations ", and sections 7 62 10, 7 62 20, 7 62 30, 7 62 40, 7 62 50, 7 62 60, 7 62 70, 7 62 80, 7 62 90, and 7 62 100 thereof, all of the City of Yakima Municipal Code, are hereby repealed Section 2. Chapter 7 65, "Sewer Use and Pretreatment Regulations ", and the various sections thereof, are hereby enacted as a new chapter and new sections of the City of Yakima Municipal Code to read as follows "Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS Part 1 - General Provisions 7.65 010 Purpose and policy This chapter sets forth uniform requirements for dischargers into the City of Yakima's (City) wastewater collection and Publicly Owned Treatment Works (POTW), and enables the City to protect public health in conformity with all applicable local, state and federal laws relating thereto, including the Clean Water Act (33 U S C 1251 et seq ) and the General Pretreatment Regulations (40 CFR part 403) 1 The objectives of this chapter are the following 1 To promote the health, safety and welfare of those 0 persons within the City's sewer service area by requiring use of the POTW, 2 To ensure proper and safe connections to the POTW, 3 To prevent the introduction into the POTW of pollutants that will interfere with the normal operation of the POTW, 4 To prevent the introduction into the POTW of pollutants that would not receive adequate treatment in the POTW and which would pass through the POTW into receiving waters or the atmosphere or otherwise be incompatible with the POTW, 5 To ensure that the quality of sludge from the POTW is maintained at a level which allows its use and disposal in compliance with applicable statutes and regulations, 6 To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; 7 To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; and 8 To enable the City to comply with its NPDES permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject This chapter provides for the regulation of discharges into the City's wastewater system through the enforcement of administrative regulations This chapter does not provide for the recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subject of separate enactments Part 2 - Definitions 7 65.020 Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows• 1 'Act' means the Clean Water Act (33 U.S.0 1251 et seq ), as now or as it may be amended 2 'Applicable pretreatment standards' for any specified pollutant means the City's specific limitations on 0 discharge, the state standards, or the national categorical pretreatment standards (when effective), whichever standard is most stringent in a given situation 2 3 'Authorized representative' means a If the industrial discharger is a corporation, 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 the manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second - quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; b If the industrial discharger is a partnership or sole proprietorship, a general partner or proprietor, respectively, c If the industrial discharger is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his /her designee, d The individuals described in paragraphs a through c 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 4 'Backwater valve' means a device located in the basement floor drain of a building which prevents wastewater from backing up into the building from a public sewer 5 'Biochemical oxygen demand (BOD)' means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty degrees Centigrade (20 degrees C), expressed in milligrams per liter (mg /L) 6 'Building drain' means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall 7 'Bypass' means the intentional diversion of wastestreams from any portion of an industrial discharger's treatment facility 3 8 'Categorical pretreatment standards or categorical standards' means any regulation containing pollutant discharge limits promulgated by the EPA in accordance 0 with sections 307(b) and (c) of the Act (33 U S C 1317) which apply to a specific category of industrial dischargers and which appear in 40 CFR chapter I, subchapter N, parts 405 through 471 9 'City' means the City of Yakima or its authorized deputy, agent, or representative. 10 'Color' means 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 11 'Code administration manager' means the director and authorized representatives of the 'department of community & economic development' of the City of Yakima 12 '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 13 'Department of engineering & utilities' means such department of the City of Yakima and includes its director and authorized representatives, and includes 410 the term 'director of engineering & utilities' as used in this chapter 14 'Discharger -- industrial discharger or user' means any nondomestic user who discharges a liquid- carried effluent, or wastewater, into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, or any constructed devices and appliances appurtenant thereto The term `industrial discharger' specifically includes the owner or operator of a shopping center or shopping mall 15 'Domestic discharger or user' means any single - family or multi - family residential customer or commercial business customer discharging domestic wastewater only 16 'Domestic wastewater' means water from any domestic user or other discharger carrying human waste, kitchen, bath and laundry waste, and housekeeping materials in volume and /or concentration normally discharged from these classes of customers, together with such groundwater infiltration or surface waters as may be present 17 'Environmental Protection Agency or EPA' means the U S Environmental Protection Agency or, where appropriate, All the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of said agency 4 18 'Existing source' means any source of discharge of wastewater, the construction or operation of which 411 commenced prior to the publication of proposed categorical pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the Act 19 'Floatable oil' means fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system 20 'Garbage' means the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods 21 'Grab sample' means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes 22 'Indirect discharge' means the discharge or the introduction of nondomestic pollutants from a source regulated under section 307(b), (c) , or (d) of the Act, into a POTW 23 'Industrial sewer' means a drain or sewer which carries industrial wastewater only, as distinct from 'process sewer', 'sanitary sewer' or 'storm sewer ' 24 'Industrial wastewater' means water or liquid- carried waste from any industrial, manufacturing, trade, or business which includes some combination of process -- wastewater, domestic wastewater, noncontact cooling water, contaminated stormwater, or contaminated leachates, as distinct from 'domestic wastewater' or 'process wastewater' 25 'Interference' means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the normal operation of the City sewer system, or which causes a violation of any requirement of the POTW's National Pollution Discharge Elimination System (NPDES) permit including an increase in the magnitude or duration of a violation or any increase in the cost of treatment of sewage or in the cost of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations), section 405 of the Clean Water Act • (33 U S C 1345 et seq ); the Solid Waste Disposal Act (SWDA) , including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA) (42 U S C 6901 et seq ), any state regulations contained in any state sludge management plan prepared pursuant to 5 Subtitle D of the SWDA; the Clean Air Act (42 U S C 7401 et seq ); the Toxic Substances Control Act (TSCA) (15 U.S C 2601 et seq ), and the Marine Protection, Research and Sanctuaries Act (33 U S C 1401 et seq ) 26 'Lower explosive limit' or 'LEL' means the lowest concentration of a gas -in -air mixture at which the gas can ignite 27 'May' is permissive 28 'Medical waste' means isolation wastes, infectious agents, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes 29 'Mg /L' means milligrams per liter 30 'Minor industrial discharger or user' means an industrial discharger, which does not meet the definition of 'significant industrial discharger', identified by the City as having a reasonable potential to discharge a wastestream that, alone or in conjunction with discharges from other sources, could adversely affect the POTW's operation or violate any pretreatment standard or requirement 31 'Natural outlet' means any outlet, including storm 0 . sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater 32 'New source' means any building, structure, facility, or installation from which there is or may be a discharge of wastewater, the construction of which commenced after the publication 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 that generates or causes the discharge of wastewater at an 'existing source'; or c The production of wastewater generating processes of the building, structure, facility or installation are substantially independent of an 'existing source' at the same site. In determining 411 whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and 6 the extent to which the new facility is engaged in the same general type of activity as the 'existing source', should be considered 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 paragraphs b or c above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a 'new source' as defined under this paragraph has commenced if the owner or operator has a Begun, or caused to begin as part of a continuous onsite 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 110 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 33 '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 34 'NPDES' means the National Pollutant Discharge Elimination System permit program as administered by the EPA or State of Washington Department of Ecology (Ecology) 35 '0 & M' means operation and maintenance 36 'Other wastes' means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastewater 7 37 'Pass through' means a discharge or pollutant which enters and subsequently exits the POTW into waters of the U S 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 permit (including an increase in the magnitude or duration of a violation) 38 '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 39 'pH' means the logarithm of the reciprocal of the mass of hydrogen ions in grams per liter of solution Neutral water, for example, has a pH value of 7 and a hydrogen -ion concentration of 10 -7 pH is a measure of a substance's corrosivity (acidity or alkalinity) 40 'Pollutant' means any substance discharged into a POTW or its collection system which, if discharged directly, would alter the chemical, physical, thermal, biological, or radiological integrity of the water of the state, or would or be likely to create a nuisance or render such waters harmful, detrimental or injurious to the public ilk health, safety or welfare, or to any legitimate beneficial use, or to any animal life, either terrestrial or aquatic Pollutants include the following dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial 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, and odor) 41 'POTW' means publicly owned treatment works (sometimes termed 'wastewater facilities' or 'wastewater treatment system' or 'wastewater treatment works' or 'water pollution control facility') POTW designates a 'treatment works' as defined by section 212 of the Act (33 U.S C 1292), which is owned by the state or municipality This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a wastewater treatment plant The term also means the municipal entity having responsibility for the operation 0 and maintenance of the treatment works 8 42 'Pretreatment' means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a 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 specifically allowed by an applicable pretreatment standard 43 'Pretreatment requirement' means any substantive or procedural requirement related to pretreatment imposed on an industrial discharger, other than a pretreatment standard 44 'Pretreatment standard' means discharge standards, categorical pretreatment standards, and local limits 45 'Private wastewater disposal system' means any system of piping, treatment devices, or other facilities, including a septic tank, that convey, store, treat, or dispose of sewage on the property where it originates or on adjacent or nearby property under the control of the user where the system is not connected to a public 41, sewer 46 'Process sewer' means a drain or sewer which carries process wastewater only, as distinct from 'industrial sewer', 'sanitary sewer' and 'storm sewer' 47 'Process wastewater' means water or liquid- carried waste discharged from one or more industrial, manufacturing, trade, or business practices or from the development, recovery, or processing of natural resources Process wastewater does not include domestic waste or noncontact cooling water Process wastewater may refer to one process discharge or several commingled process discharges 48 'Prohibitive discharge standard' means any regulation developed under the authority of section 307(b) and (c) of the Act (33 U.S C 1317(b) (c)), the General Pretreatment Regulations (40 CFR part 403), the state or by the City which prohibits the discharge of certain types or characteristics of wastewater These prohibitions can be 'general' or 'specific' and are contained in section 7 65.060 of this chapter 49 'Properly shredded garbage' means the wastes from the 111 preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one - fourth (1/4) inch at its widest point 9 50 'Public sewer' means a sewer constructed for conveyance of liquid wastes which is controlled by a public authority 51 'Qualified wastewater treatment operator' means an individual who performs routine pretreatment duties, or supervision of such duties on -site at a discharger's pretreatment facilities which affect effluent quality, and who (a) holds, at least, a valid State of Washington Wastewater Treatment Operator 1 certification, or (b) who has successfully completed a course of study which, in the opinion of the Wastewater Manager, contains all subject matter reasonably related to the duties of a Wastewater Pre - Treatment Operator 52 'Sanitary sewer' means a drain or sewer which carries sewage, as distinct from 'industrial sewer', 'process sewer' and 'storm sewer' Sanitary sewers may carry 'industrial wastewater' or 'process wastewater' commingled with 'domestic wastewater' 53 'Septage' means, and is limited to, septic tank pumpings, portable toilet pumpings, sump pumpings, camper and trailer pumpings, food - service grease traps, and sludge from private wastewater disposal systems and lagoons 54 'Severe property damage' means substantial physical 0 damage to property, damage to the wastewater treatment or pretreatment 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 55 'Sewage' means water- carried human wastes or a combination of water - carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm, or other waters as may be present (The preferred term is 'wastewater'.) 56 'Sewage works' shall have the same meaning as POTW 57 'Sewer' means any pipe, conduit, ditch, or other device used to collect and transport sewage 58 'Shall' is mandatory 59 'Significant industrial discharger or user' means an industrial user of the POTW who a Is subject to categorical pretreatment standards ; or 10 b Discharges an average of twenty -five thousand gallons per day (25,000 gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater), or c Contributes a process wastestream which makes up five percent (5 %) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant, or d 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 Upon a finding that an industrial user meeting the criteria of subparagraph b,c, or d has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time , on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403 8 (f) (6), determine that such user should not be considered a significant industrial user 60 'Slugload' means any pollutant, including oxygen demanding pollutants (BOD, etc ), released in a single extraordinary discharge episode of such volume or strength as to cause a violation of this chapter, including, but not limited to, the following interference to the POTW, or flowrate exceeding the permitted peak flow, or ten percent (10 %) of the capacity of the available trunk sewer, whichever is greater 61 'Standard Industrial Classification (SIC) Code' means a classification pursuant to the "Standard Industrial Classification Manual" issued by the U S Office of Management and Budget 62 'State' means the State of Washington 63 'Storm sewer' (sometimes termed 'storm drain') means a drain or sewer which carries storm and surface waters and drainage, but from which 'domestic wastewater', 'industrial wastewater' and 'process wastewater' are intended to be excluded 64 'Storm water' means any flow occuring during or following any form of natural precipitation, and resulting therefrom, including snowmelt 65. 'Superintendent' means the superintendent of wastewater facilities of the City, or its authorized deputy, agent, or representative 11 66 'Suspended solids' means total suspended matter that either floats on the surface of, or is in suspension in water, sewage, or other liquids, and which is removable 0 by laboratory filtering 67 'Toxic pollutants' means those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under section 307 (33 U S C 1317) of the Clean Water Act 68 'Treatment plant effluent' means any discharge of pollutants from the POTW into waters of the state 69 'Unpolluted water' is water of quality equal to or better than the effluent limitations in effect or water that would not cause violation of the receiving water quality standards and would not be benefited by discharge to the public sewer and POTW provided 70 'Upset' means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in sections 7 65 060 and 7 65 070 hereof due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment 0 facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof 71 'Wastewater' means water or liquid- carried industrial waste, or domestic waste or any modification thereof, or any other water- carried waste, including that which may be combined with any groundwater, surface water, or stormwater, that is or may be discharged to the POTW or a private wastewater disposal system 72 'Wastewater treatment plant or treatment plant' means that portion of the POTW designated to provide treatment of sewage and industrial waste 73 'Watercourse' means a natural or artificial channel for the passage of water either continuously or intermittently Part 3 - Public Sewer Use Requirements 7.65.030 Use of public sewers required. A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or 0 private property any human or animal excrement, garbage, or other objectionable waste 12 B It shall be unlawful to discharge into any public storm drain or ditch any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter C. Except as provided in this chapter, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater D . The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, and abutting on any street, alley, or right -of -way in which there is now located or may in the future be located a public sewer of the City, are required at the owners' expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety (90) days after date of official notice to do so, provided that said public sewer is within two hundred (200) feet of the property line 7 65.040 Private wastewater disposal Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the Yakima Health District as set forth in chapter 10, as now or as hereafter may be amended, of said district's 'Rules and Regulations Providing for the Regulation of On -site Sewage Disposal Systems' 7.65.050 Building sewers and connections. A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the code administration manager B There shall be two classes of building sewer permits (1) residential and commercial service, and (2) service to establishments producing industrial wastewater In either case, the owner or his /her agent shall make application on a special form furnished by the City The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the code administration manager Permit and inspection fees shall be paid as required by applicable provisions of this code C All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner The owner shall indemnify and hold harmless the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer The owner shall utilize only those construction contractors which are adequately bonded in 411 accordance with the City's requirements at the time of connection to the sewer 13 D A separate and independent building sewer shall be provided for every building, and only on each buildings' separate and independent lot, except under the following circumstances 1 Where one building stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the front building sewer may be extended to the rear building and the whole considered as one building sewer; or 2 Where other circumstances, established to the satisfaction of the code administration manager, indicate the need for a single sewer connection between separate and independent lots and there is a legally valid easement over the subservient lot The City does not and will not assume any obligation or responsibility for damage caused by or resulting from any single connection E Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the code administration manager, to be in good repair, to be suitable for this purpose, and to meet all requirements of this chapter F. The size, slope, alignment, materials of construction of 0 a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the edition of the Uniform Plumbing Code most recently adopted by the City G . Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by any approved means described in the edition of the Uniform Plumbing Code most recently adopted by the City and found acceptable by the code administration manager, and discharged to the building sewer H No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sewer, or maintain such a connection I. The connection of the building sewer into the public sewer shall conform to the requirements of the editions of the Uniform Building Code and Uniform Plumbing Code most recently adopted by the City. All such connections shall be made gastight 0 and watertight and verified by proper testing Any deviation from the prescribed procedures and materials must be approved by the code administration manager and, if necessary, the state building code council, before installation 14 J . The applicant for the building sewer permit shall notify the code administration manager when the building sewer is ready 411 for inspection and connection to the public sewer The connection and testing shall be made under the supervision of the code administration manager or his /her representative K . All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. L . A properly functioning backwater valve shall be required in any building containing a basement, except in those situations which would not require a backwater valve as described in the edition of the Uniform Building Code most recently adopted by the City The permit to install a backwater valve can be obtained from the code administration manager or his representative The City shall not be liable for damage due to wastewater backing up into a building where a properly functioning backwater valve has not been installed The City also shall not be liable for damage due to wastewater backing up into a building where a backwater valve has been installed but has not been properly maintained or repaired Part 4 - Pretreatment Standards and Requirements 111 7 65 060 Pretreatment standards and requirements A. No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, or noncontact cooling water, and unpolluted industrial wastewater to any sewer or natural outlet, unless approved by the director of engineering & utilities and other regulatory agencies whose approval is required by law B No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any pollutant or wastewater which will cause interference or pass through The general and specific prohibitions apply to all dischargers to the POTW whether or not the discharger is subject to categorical pretreatment standards or requirements Furthermore, no discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless prior written approval has been obtained from the director of engineering & utilities 1 Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or to 411 be injurious in any other way to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Centigrade using the test methods specified in 40 CFR 15 261 21 At no time shall two successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system), be over five percent (5 %), nor any single reading over ten percent (10 %) of the lower explosive limit (LEL) of the meter Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and any other substances which are a fire hazard or hazard to the POTW 2 Solid or viscous substances in quantities or of such size that they will or may cause reduction of the effective cross - sectional area of a sewer, obstruction to the flow in a sewer, or other interference with the operation of the POTW, including but not limited to, ashes, bones, rocks, gravel, cement, tile, ceramics, roots, cinders, sand, dirt, mud, straw, shavings, metal, bark, cloth, tires, boots, hoses, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, fat, glue, bottles, grease, toys, combs, cosmetics, hair and fleshings, entrails and paper dishes, paper towels, paper bags, milk containers, and any garbage or putrescible material that has not been properly shredded (see section 7 65 020 (49)) In no case may solids greater than one - fourth (1/4) inch in any dimension be discharged to the POTW • 3 Any wastewater having a pH less than 5 5 or higher than 9 0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the system. 4 Any wastewater having a BOD of more than three hundred (300) mg /L 5 Any wastewater having a suspended solids content of more than three hundred (300) mg /L 6 Any wastewater having a chlorine demand of more than twenty (20) mg /L 7 Any wastewater having an animal /vegetable (polar) based floatable oil, fat waste, oil, or grease (whether or not emulsified), hexane or ether - soluble matter content in excess of one hundred (100) mg /L; or a mineral /petroleum (non - polar) based oil or grease (whether or not emulsified), hexane or ether - soluble matter content in excess of one hundred (100) mg /L; or any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, or any substance which may solidify or become • discernibly viscous at temperatures above zero degrees Centigrade (0 degree C)(32 degrees F) 16 8 Any wastewater containing pollutants in sufficient 411 quantity or concentration, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in categorical pretreatment standards, or state or local standards 9 Any pollutants which result in the presence of toxic, noxious or malodorous liquids, gases, vapors, fumes, or solids within the POTW in a quantity that which either singly or by interaction are capable of creating a public nuisance or hazard to life or causing acute worker health and safety problems, or are sufficient to prevent entry into the sewers for their maintenance and repair 10 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 In no case shall a substance be discharged to the POTW that will cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act; or with any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, 42 U S C 6901 • et seq , as now or as it may be amended, the Clean Air Act, 42 U S C 7401 et seq , as now or as it may be amended, the Toxic Substances Control Act (TSCA), 15 U S C 2601 et seq , as now or as it may be amended, or similar state statutes or regulations applicable to the sludge management method being used 11 Any substance which will cause the POTW to violate its NPDES and /or other disposal system permits 12 Any 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 permit Color, alone or 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 13 Any wastewater with a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW • which exceeds forty degrees Centigrade (40 degrees C) (104 degrees F). 14 Any slugload, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc ), released in a single extraordinary discharge episode of such volume or 17 strength as to cause a violation of this chapter, including, but not limited to, the following interference to the POTW, or flowrate exceeding the permitted peak flow, or ten percent (10 %) of the capacity of the available trunk sewer, whichever is greater. 15 Any sludges, screenings, or other residues from the pretreatment of industrial wastewater discharges 16 Any wastewater containing any radioactive wastes or isotopes of such halflife or concentration as exceed limits established by the City in compliance with applicable state or federal regulations. 17 Any wastewater which causes a hazard to human life or creates a public nuisance 18 Any trucked or hauled pollutants, except pursuant to section 7 65 420 19 Any medical wastes. 20 Any wastewater causing the treatment plant's effluent to fail a toxicity test. 21 Any wastes containing detergents, surface active agents, or other substances in such concentrations that they may 0 cause excessive foaming in the POTW 22 Any dangerous wastes as defined in chapter 173 -303 of the Washington Administrative Code (WAC), as now or as it may be amended 23 Persistent pesticides and /or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA), 7 U S C 136 et seq , as now or as it may be amended, including, but not limited to. Federal EPA Toxicity Characteristic Leaching Material Procedure Limit (mg /L). aldrin dieldrin chlordane 0 030 2,4 -D 10 000 4,4' -DDT 4, 4' -DDX (p, p' -DDX) 4,4' -DDD (p,p' -TDE) a- endosulfan -Alpha b- endosulfan -Beta endosulfan sulfate endrin 0.020 endrin aldehyde 010 heptachlor 0 008 heptachlor epoxide a -BHC -Alpha b -BHC -Beta 18 c- BHC - (lindane) -Gamma g -BHC -Delta Lindane 0 400 Methoxychlor 10 000 Pyridine 5 000 Silvex 1 000 Toxaphene 0.500 Wastes prohibited by this section shall not be processed or stored in a such a manner that they could be discharged to the POTW All floor drains located in process or materials storage areas must discharge to the industrial discharger's pretreatment facility prior to discharging to the POTW 7.65.070 Limitations on wastewater strength. A National categorical pretreatment standards as adopted and hereafter amended or modified by the U S Environmental Protection Agency (EPA) pursuant to the Act shall be met by all dischargers of the regulated industrial categories The national categorical standards found at 40 CFR chapter I, subchapter N, parts 405 through 471 are hereby incorporated B State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or 411 any other applicable ordinance. C The City may from time to time amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW if such amendments are deemed necessary to comply with the objectives set forth in section 7 65 005 of this chapter, or are otherwise in the public interest D No discharger shall dilute its wastestream with potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter 111 19 E No discharger shall discharge industrial wastewater containing concentrations (and /or mass limitations) that exceed any of the following local discharge limits unless prior written approval has been obtained from the department of engineering & utilities Daily Maximum Material Concentration (mg /L) 1 Arsenic (As) 5 0 2 Barium (Ba) 100 0 2 Benzene 0 5 2 Beryllium (Be) 1 0 3 Cadmium (Cd) 1 0 2 Carbon Tetrachloride 0 5 2 Chlorobenzene 100 0 2 Chloroform 6 0 2 Chromium (Cr) 5 0 2 Copper (Cu) 2 0 3 o- Cresol 200 0 2 m- Cresol 200 0 2 p- Cresol 200 0 2 Cyanide (total) (CN) 1 5 3 1,4- Dichlorobenzene 7 5 2 1,2- Dichloroethane 0 5 2 1,1- Dichloroethylene 0 7 2 2,4- Dinitrotolulene 0 7 2 Ethylbenzene 1 4 3 Hexachlorobenzene 0 13 2 Hexachloro -1,3- butadiene 0 5 2 Lead (Pb) 5 0 2 Mercury (Hg) 0 2 2 Methylene Chloride 1 7 3 Methyl Ethyl Ketone 200 0 2 Nickel (Ni) 2 0 3 Nitrobenzene 2 0 2 Pentachlorophenol 2 0 2 Selenium (Se) 1 0 2 Silver (Ag) 5 0 2 Tetrachloroethylene 0 7 2 Toluene 1 4 2 Trichloroethylene 0 5 2 2,4,5 - Trichlorophenol 300 0 2 2,4,6 - Trichlorophenol 2 0 2 Vinyl Chloride 0 2 2 Xylene 1 4 2 Zinc (Zn) 5 0 3 1 These values constitute interim local discharge limits only, and will be replaced when the City completes its establishment of final local discharge limits 2 These values are based on EPA's Toxicity Characteristic Leaching Procedure • 3 These values are based on Seattle Metro's actual local limits 20 In the event any of these values are exceeded by one or more dischargers, the department of engineering & utilities will 411 require the individual discharger(s) exceeding the local discharge limits to pretreat their wastewater to an extent necessary to prevent interference with the operation of the POTW, pass through and adverse effects on the quality of the receiving waters, contamination of municipal sludge, health and safety hazards to workers in the POTW, or violations of applicable federal or state regulations The City may impose mass limitations on discharges in cases where necessary to be consistent with federal categorical pretreatment standards, or under circumstances where concentration limits are impractical to apply F All known, available, and reasonable methods of pretreatment, in accordance with RCW 90 48 010 and WAC 173 -216- 010, shall be used by a discharger to bring into compliance a wastewater discharge that does not comply with standards set forth in this chapter G The City reserves the right to enter into special agreements with industrial dischargers setting out special terms under which they may discharge wastewater to the POTW In no case will a special agreement waive compliance with a pretreatment standard or requirement However, the industrial discharger may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403 15 They may also request a variance in • accordance with 40 CFR 403 13 from the categorical pretreatment standard from EPA Such a request will be approved only if the industrial discharger can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard An industrial discharger requesting a fundamentally different factor variance must comply with the procedural and substantive provision in 40 CFR 403 13 7.65 080 Slugload or accidental discharges. A Each discharger shall provide protection from a slugload or accidental discharge of prohibited or regulated materials or substances established by this chapter. Where the City deems it necessary, a discharger shall provide and maintain, at the discharger's own cost and expense, facilities and operating procedures to prevent a slugload or accidental discharge of prohibited materials When requested to do so, the discharger shall submit to the director of engineering and utilities for review either a " slugload control plan" (SC Plan) or "a spill prevention, control and countermeasure plan" (SPCC Plan) or both showing facilities and operating procedures to provide this protection No SC Plan or SPCC Plan shall be effective to satisfy the requirements of this chapter and section unless it has been reviewed and certified by a professional engineer registered in the State of Washington The SC Plan /SPCC Plan shall contain at a minimum the following elements 21 1 Description of discharge practices, including non - routine routine batch discharges, 2 Description of stored chemicals; 3 Procedures for immediately notifying the City of any accidental or slugload discharges, with procedures for follow -up written notification within five (5) days; and 4 Procedures to prevent adverse impact from any accidental or slug discharge, including, but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run -off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and /or measures and equipment for emergency response Where applicable, the SPCC Plan shall also conform to guidelines found in 40 CFR, part 112 and to Ecology's "Guidelines to Prevent, Control, and Contain Spills from the Bulk Storage of Petroleum Products" (WDOE 83 -8), as now or as they may be amended Each discharger shall complete its SC Plan or SPCC Plan and submit same to the director of engineering & utilities within 120 days of being notified by the director to do so The director of engineering & utilities will approve the SC Plan or SPCC Plan before construction of any prevention facility No discharger who discharges to the POTW after the aforesaid date shall be permitted 410 to introduce pollutants into the system until such SC Plan or SPCC Plan has been approved by the director of engineering & utilities Review and approval of such plan by the director of engineering & utilities shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter B A discharger who has prepared a SC Plan or SPCC Plan shall review and evaluate such plan at least every three (3) years from the date of approval As a result of this review and evaluation, the discharger shall amend the SC Plan or SPCC Plan within six (6) months of the review to include more effective prevention and control technology if (1) such technology will significantly reduce the likelihood of a spill event from the facility, and (2) if such technology has been field - proven at the time of the review No amendment shall be effective to satisfy the requirements of this chapter and section unless it has been reviewed and certified by a professional engineer registered in the State of Washington C Dischargers shall verbally notify the director of engineering & utilities immediately upon the occurrence of a slugload or accidental discharge of substances prohibited by this chapter and take immediate action to correct the situation Within five (5) days after the occurrence of the slugload or accidental discharge, the discharger shall follow -up with a 411 written notification to the department of engineering & utilities The notifications shall include location of discharge, date and 22 time thereof, type of waste, concentration and volume, and corrective actions taken or to be taken Any discharger who 411 discharges a slugload of prohibited materials shall be liable for any expense, loss, or damage to the POTW, in addition to any other liabilities established by this chapter or other City ordinance and the amount of any fines, penalties, damages or costs assessed against the City by any state or federal agency, court of law or private individual, as a result of the slugload or accidental discharge D Signs shall be permanently posted in conspicuous places on discharger'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 7 65.090 Pretreatment facilities. A. Dischargers shall provide all known, available, and reasonable methods of prevention, control, and pretreatment as required to comply with this chapter and state and federal regulations, and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations, chapters, and ordinances Where the City deems it necessary, a discharger shall provide, properly operate and maintain, at the discharger's own cost and expense, facilities required to pretreat wastewater to a level acceptable to the City When requested to do so, the discharger 411 shall submit detailed plans showing the pretreatment facilities to both the director of engineering & utilities and the code administration manager for review and acceptance before construction of the facility The review of such plans by either the director of engineering & utilities or the code administration manager shall in no way relieve the discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the director of engineering & utilities -- under the provisions of this chapter The discharger shall obtain all necessary construction - operating permits from both the director of engineering & utilities and the code administration manager Prior to completion of the pretreatment facility, the discharger shall furnish its plan of operations and maintenance procedures for the director of engineering & utilities to review Such pretreatment facilities shall be under the control and direction of a qualified wastewater treatment operator B. Any subsequent proposal for significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the director of engineering & utilities prior to the discharger's initiation of the changes C Pretreatment facilities shall comply with the applicable requirements of chapter 173 -240 and section 173 216 110 of the Washington Administrative Code (WAC) and RCW 90.48.010, as now or S as they may be amended, and with the accepted plan of operations and maintenance procedures The City will have the opportunity to audit periodically the compliance of the discharger with all applicable requirements, and to require changes in the 23 discharger's plan of operations and maintenance procedures in order to ensure the discharger's continued compliance with these requirements The discharger shall then comply with the modified plan of operations and maintenance procedures, together with all applicable requirements as may be specified by this chapter and federal and state regulations D. All wastes discharged into the industrial sewer shall be adequately screened by a twenty (20) mesh or finer screen before discharge An additional screen, with openings not to exceed one - fourth inch square, shall be installed in a fixed position so that all material must pass through said screen immediately before entrance into the sewer E Grease, oil and sand interceptors shall be provided when, in the opinion of the director of engineering and utilities, they are necessary for the proper handling of liquid wastes containing floatable or emulsified grease, fats, or oil in amounts exceeding those specified in section 7 65 060, subsection B, part 7 of this chapter, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units Such interceptors shall be provided within six (6) months of receipt of a written request from the director of engineering & utilities to do so Dischargers who operate restaurants, cafes, lunch counters, 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 grease interceptors (grease traps) to prevent the . discharge of fat waste, oil, or grease Take -out food establishments or other establishments that prepare food, but do not cook in oil or grease, and who serve food only in disposable containers, may be exempted from this requirement, provided their discharges do not violate section 7 65 060 (the General Discharge Prohibitions) of this chapter The grease interceptors shall be installed in the waste line leading from sinks, drains, or other fixtures where grease may be discharged All new interceptors requested by the director of engineering & utilities shall be of a type and capacity, conforming to and described in the edition of the Uniform Building Code most recently adopted by the City, and approved by the code administration manager, and shall be located as to be readily accessible for cleaning and inspection Dischargers must maintain these interceptors in a manner that will always prevent fat waste, oil, grease, flammable wastes, sand, or other harmful ingredients from being carried into the sewer system The ownershall be responsible for the proper removal and disposal by appropriate means of the captured material, and shall maintain records of the dates and means of disposal which are subject to review by the director of engineering and utilities Any removal and hauling of the collected materials not performed by owner's personnel must be performed by waste disposal firms currently licensed by the Yakima Health District The collected materials removed from such interceptors shall not be disposed of in sanitary, industrial or storm sewers Failure to provide or maintain such grease, oil and sand traps in accordance with the provisions of this section shall automatically result in an administrative fine of $250.00 under section 7 65.240 of this 24 chapter Additional penalties for repeated violations may be imposed by the City as provided for in parts 8 and 9 of this 411 chapter 7.65 100 Unlawful conduct It shall be unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or insert any substance described in subsection C of section 7 65.060 of the this chapter into any structure, appurtenance or equipment which is a part of the POTW, including but not limited to, manholes and the flush ends of sewer lines Any person found in violation of this requirement shall be subject to the sanctions set forth in parts 8 and 9 of this chapter. Part 5 - Fees 7 65 110 Charges and fees. A. It is the purpose of this section to provide for the payment of charges and fees from dischargers to the City's wastewater disposal system, to compensate the City for the cost of administration of the pretreatment program established herein B. Charges to recover industrial pretreatment program and monitoring costs shall be recommended by the director of engineering & utilities and established by the city council by passage of a specific rate ordinance therefor, to be codified as an amendment to this chapter Such charges and fees may include 111 the following 1 Fees for monitoring, inspections and surveillance; 2 Fees for reviewing accidental discharge procedures and pretreatment facilities construction and modifications, 3 Fees for permit applications (if permits are required), and 4 Fees for filing appeals Part 6 - Administration 7.65.120 Industrial dischargers. A. It shall be unlawful for any industrial discharger to discharge sewage, industrial wastewater, or any other wastes into the City's POTW except as authorized by the City and by chapter 173 -216 WAC, as now, or as it may be amended B. The City shall have the right to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial dischargers where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit. New sources and new dischargers shall not be allowed to discharge without first complying with the applicable pretreatment standards and requirements 25 C Compliance by existing sources with categorical pretreatment standards shall be within three (3) years of the date the categorical pretreatment standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR chapter I, subchapter N Other existing significant industrial dischargers shall meet all applicable pretreatment standards by one (1) year after enactment of this ordinance Direct dischargers with NPDES permits modified or reissued to provide a variance pursuant to section 301(i)(2) of the Act shall be required to meet compliance dates set in any applicable categorical pretreatment standard Existing sources which become industrial dischargers subsequent to promulgation of an applicable categorical pretreatment standard shall be considered existing industrial dischargers except where such sources meet the definition of a 'new source' (see section 7.65 020(32)) New sources and new significant industrial dischargers shall install and have in operating condition, and shall start -up all pollution control equipment required to meet applicable pretreatment standard before beginning to discharge Within the shortest feasible time (not to exceed ninety (90) days after the beginning of the discharge), new sources and new significant industrial dischargers' must meet all applicable pretreatment standards 7 65 130 Industrial discharger data disclosure When requested by the City to do so, industrial dischargers shall complete and file with the department of engineering & utilities an industrial waste survey (IWS) signed by an authorized representative of the industrial discharger and in the form prescribed by the department of engineering & utilities This 110 industrial waste survey shall be filed within thirty (30) days of being received by the industrial discharger, unless the industrial discharger requests in writing a thirty (30) day extension from the director of engineering & utilities and the director approves the request in writing Failure to complete this survey shall be reasonable grounds for terminating service to the industrial discharger and shall be considered a violation of this chapter 7 65 140 Reporting requirements for industrial dischargers. A Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403 6(a) (4), whichever is later, existing significant industrial dischargers subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the director of engineering & utilities a report which contains the information listed below At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become significant industrial dischargers subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the director of engineering & utilities a report which contains the information listed below A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards A new source shall also give 26 estimates of its anticipated flow and quantity of pollutants discharged 410 The industrial discharger shall submit the information required by this section including 1 The name and address of the facility including the name of the operator and owners 2 A list of any environmental control wastewater discharge permits held by or for the facility 3 A brief description of the nature, average rate of production, and standard industrial classifications of the operation (s) carried out by such industrial discharger This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes 4 Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403 6(e) 5 A measurement of pollutants 411 a Identification of the categorical pretreatment standards applicable to each regulated process b Submission of the results of sampling and analysis identifying the nature and concentration (and /or mass, where required by the standard or by the City) of regulated pollutants in the discharge from each regulated process The industrial discharger shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 7 65 140, subsection H c Sampling must be performed in accordance with procedures set out in section 7 65.140, subsection I d. The City may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures 27 6 A statement reviewed by the industrial discharger's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O &M) and /or additional pretreatment is required to meet the pretreatment standards and requirements 7 If additional pretreatment and /or O &M will be required to meet the pretreatment standards, the shortest schedule by which the industrial discharger will provide such additional pretreatment and /or O &M The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard Where the industrial discharger's categorical pretreatment standard has been modified by a removal allowance (under 40 CFR 403 7), the combined wastestream formula (under 40 CFR 403 6(e)), and /or a fundamentally different factors variance (under 40 CFR 403 13) at the time the industrial discharger submits the report required under section 7 65 140, subsection A of this chapter, the information required by paragraphs 6 and 7 of this subsection shall pertain to the modified limits If the categorical pretreatment standard is modified by a removal allowance, the combined wastestream formula, and /or 411 a fundamentally different factors variance after the industrial discharger submits the report required under section 7 65 140, subsection A of this chapter, any necessary amendments to the information requested by paragraphs 6 and 7 of this subsection shall be submitted by the industrial discharger to the director of engineering & utilities within sixty (60) days after the modified limit is approved The following conditions shall apply to the schedule required by this part a The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the installation and operation of additional pretreatment facilities required for the discharger to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing installation, beginning and conducting routine operation) No progress increment referred to above shall exceed nine (9) months 28 b The industrial discharger shall submit a progress report to the director of engineering & utilities no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not the discharger complied with the increment of progress, the reason for any delay, (and, if appropriate) the steps being taken by the industrial discharger to return to the established schedule In no event shall more than nine (9) months elapse between such progress reports to the director of engineering & utilities 8 All baseline monitoring reports must be signed and certified in accordance with section 7.65 140, subsection K B Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards (deadline date for categorical dischargers published in the appropriate categorical pretreatment standards, compliance date for non - categorical dischargers established by the City), or in the case of a new source (new discharger) within thirty (30) days of commencement of the introduction of wastewater into the POTW, any industrial discharger subject to such pretreatment standards ® and requirements shall submit to the director of engineering & utilities a report containing the information described in section 7 65 140, subsection A, parts 4 through 6 For industrial dischargers which may be subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403 6(c), this report shall contain a reasonable measure of the industrial discharger's long term wastewater discharge rate For all other industrial dischargers subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial discharger's actual wastewater discharge rate during the appropriate corresponding sampling period All compliance reports must be signed and certified in accordance with section 7 65 140, subsection K C. Any significant industrial discharger subject to a pretreatment standard shall, at a frequency determined by the director of engineering & utilities but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period All periodic compliance reports must be signed and certified in accordance with section 7.65 140, subsection K 1 The report shall include a record of the ® concentrations (and mass if specified by the City) of the limited pollutants that were measured and a record of all flow measurements (average and maximum) taken at the designated sampling 29 locations, and shall also include any additional information required by this chapter or regulations promulgated thereunder Production data shall be reported if required by the City Both daily maximum and average concentration (or mass, where required) shall be reported. If a discharger sampled more frequently than required by the City, it must submit all results of sampling and analysis of the discharge during the reporting period 2 Any industrial discharger subject to equivalent mass or concentration limits established by the City in accordance with procedures provided in 40 CFR 403 6(c) shall submit as part of its report a reasonable measure of the discharger's long term production rate 3 If the City calculated limits to factor out dilution flows or non - regulated flows, the industrial discharger shall be responsible for providing flows from the regulated process flows, dilution flows and non - regulated flows 4 The report shall indicate the time, date and place of sampling, and methods of analysis,' and shall certify that such sampling and analysis is representative of the normal work cycles and expected pollutant discharges to the POTW 5 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 6 Sampling shall be representative of the industrial discharger's actual discharge and collected in accordance with section 7 65 140, subsection I Wastewater monitoring and flow management facilities shall be properly operated, kept clean, and maintained in good working order at all times The failure of an industrial discharger to keep its monitoring facility in good working order shall not be grounds for the industrial discharger to claim that sample results are unrepresentative of its discharge 7 Where the industrial discharger conducts self - monitoring, the frequency of monitoring shall be prescribed by the City. At a minimum, such dischargers shall sample their discharge at least twice per year 30 D . Any industrial discharger subject to this chapter shall promptly report to the director of engineering & utilities any 411 changes in its operations or processes which significantly affect its wastewater constituents or characteristics, or storage of chemicals, and which take place after the last permit application or environmental survey These changes include, but are not limited to, flow increases of twenty percent (20 %) or greater, the commencement of discharge of any prohibited or limited substance under section 7 65 060, subsection B of this chapter, and the addition of any process covered by national categorical pretreatment standards E . Any discharger operating under equivalent mass or concentration limits shall notify the director of engineering & utilities within two (2) business days after the discharger has a reasonable basis to know that the production level will significantly change within the next calender month Any discharger not notifying the director of engineering & utilities of such an anticipated change shall be required to comply with the existing limits F. All significant industrial dischargers not subject to categorical pretreatment standards and, as deemed necessary by the director of engineering & utilities, any minor industrial dischargers shall provide to the director of engineering & utilities the same reports as set forth in section 7 65 140, subsection A of this chapter 411 G. If sampling performed by an industrial discharger indicates a violation, the industrial discharger must notify the director of engineering & utilities within twenty -four (24) hours of becoming aware of the violation The industrial discharger shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director of engineering & utilities within thirty (30) days after becoming aware of the violation The industrial discharger is not required to resample if the POTW performs monitoring at the industrial discharger's at least once a month, or if the POTW performs sampling between the industrial discharger's initial sampling and when the industrial discharger receives the results of this sampling H All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136 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 I. Except as indicated below, the industrial discharger must collect wastewater samples using 24 -hour flow proportional composite collection techniques. In the event 24 -hour flow proportional composite sampling is infeasible, the director of • engineering & utilities may authorize the use of time proportional composite sampling or a minimum of four (4) grab samples where the industrial discharger demonstrates that this will provide a representative sample of the actual effluent being discharged to 31 the POTW In addition, grab samples may be required to show compliance with instantaneous discharge limits Samples to be analyzed for fats, oil and grease (FOG), temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic compounds shall be obtained using grab collection techniques 1 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 For dischargers subject to categorical pretreatment standards, if other wastewaters are mixed with the regulated wastewater prior to pretreatment the discharger should 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 pretreatment standards 2 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 industrial discharger If a discharger subject to the reporting requirements in and of this section monitors any pollutant more frequently than required by the POTW, it must submit the results of this extra sampling and analysis of the discharge as part of its self - monitoring report J The director of engineering & utilities may use a wastewater grab sample(s) to determine noncompliance with applicable pretreatment standards R Any reports required by this chapter and submitted by the industrial discharger shall be signed by an authorized representative of the discharger If applicable pretreatment standards or requirements are not being met, the statement also must be signed by an engineer qualified in pretreatment system design Any person signing the report shall make the following certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations 411 32 L. Written reports shall be deemed to have been submitted on the date postmarked For reports which are not mailed, postage • prepaid, into a mail facility serviced by the U S Postal Service, the date of receipt of the report shall govern 7.65.150 Monitoring equipment. A. The City may require a discharger to install and operate, at the discharger's own expense, monitoring equipment to allow inspection, sampling, and flow measurement of all discharges into the sewer system, to assure compliance with this chapter The monitoring equipment shall be situated on the discharger's premises, except that if such a location would be impractical or cause undue hardship on the discharger, the City may allow such equipment to be installed in an accessible public street or sidewalk area B. There shall be ample room in or near such monitoring equipment to allow accurate wastewater sampling and preparation of samples for analysis by the discharger and the City. The monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger C. All monitoring equipment shall be installed and maintained in accordance with all applicable standards and specifications All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy • 7 65 160 Inspection and sampling A. The City shall have the right to inspect and collect wastewater samples from all monitoring equipment, sewer lines, and plant facilities, and to examine and copy any discharge related records, during all hours that a discharger is operating or whenever employees are on the premises The City will normally schedule such inspections upon seven (7) days notice, but, if deemed appropriate or necessary, shall have the right to make unscheduled inspections without prior notice The City shall have the right to erect or install on the discharger's property such devices as are reasonably necessary to conduct sampling, inspection, compliance monitoring or metering operations B Where an industrial discharger has security measures in force which require proper identification and clearance before entry into its premises, the industrial discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, state, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities C. Failure to allow inspection, sampling, monitoring, metering, or copying as authorized by this section shall be grounds for termination of wastewater treatment services as well • as any other enforcement action authorized under this chapter and deemed appropriate by the director of engineering & utilities 33 D If the director of engineering & utilities has been refused access to a building, structure or property or any part thereof, and if the director of engineering & utilities has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, then upon application by the City Attorney, the District Court Judge of the City will issue a search and /or seizure warrant describing herein the specific location subject to the warrant The warrant will specify what, if anything, may be searched and /or seized on the property described Such warrant will be served at reasonable hours by the director of engineering & utilities in the company of an uniformed police officer of the City In the event of an emergency affecting public health and safety, inspections will be made without the issuance of a warrant 7.65 170 Confidential information. A Information and data furnished to the City with respect to the nature and frequency of discharge will be available to the public or other governmental agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger under the laws or regulations of the state or • federal government If a discharger furnishing a report requests that information provided as part of a report be kept confidential, and the discharger marks said pages as 'confidential', then the portions so marked of a report or other information which may disclose trade secrets or secret processes protected by state or federal law, will not be made available for inspection by the public, subject to the provisions of chapter 42 17 RCW, as now or as it may be amended, but will be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state waste discharge permit and /or the pretreatment programs; provided, however, that such portions of a report or other information will be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2 302 shall not be recognized as confidential information and shall be available to the public without restriction B. Information accepted by the City as confidential will not be transmitted to any governmental agency or to the general public by the City until and unless a ten -day notification is given to the discharger Once notice of intent to release information has been given to the discharger, if the discharger fails to contest the release, then any rights created by this section shall be deemed to have been waived • 34 Part 7 - Wastewater Discharge Permits [Reserved] 411 7.65 180 Wastewater Discharge Permitting [Reserved] 7 65 190 Wastewater Discharge Permit Process [Reserved] Part 8 - Administrative Enforcement 7.65.200 Notification of violation. Whenever the director of engineering & utilities finds that any discharger has violated or is violating this chapter, or an order issued hereunder, the director of engineering & utilities may serve upon said discharger written notice of the violation Within ten (10) days of the receipt date 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 to the director of engineering & utilities Submission of this plan in no way relieves the discharger 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 issuing a notice of violation 7 65 210 Consent orders A. The director of engineering & utilities is hereby empowered to enter into consent orders, assurances of voluntary 411 compliance, or other similar documents establishing an agreement with the discharger responsible for the noncompliance Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order Such schedules may not extend the compliance date beyond applicable federal deadlines Consent orders shall have the same force and effect as compliance orders issued pursuant to section 7 65 220 below and shall be judicially enforceable. - B Failure to comply with any terms or requirements of a consent order by the discharger shall be an additional and independent basis for termination of wastewater treatment services or for any other enforcement action authorized under this chapter and deemed appropriate by the director of engineering & utilities 7.65.220 Compliance orders. A. When the director of engineering & utilities finds that a discharger has violated or continues to violate this chapter or any order issued hereunder, he may issue a compliance order to the discharger responsible for the violation directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated and maintained Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self - monitoring, and management practices designed to minimize the amount of pollutants 35 discharged to the sewer In establishing the compliance schedule in the compliance order, the director of engineering & utilities will consider applying to the schedule the conditions provided in section 7 65 140, subsection A, paragraph 7 of this chapter A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the discharger of liability for any violation, including any continuing violation Issuance of a compliance order shall not be a prerequisite to taking any other action against the discharger B. Failure to comply with any terms or requirements of a compliance order by the discharger shall be an additional and independent basis for termination of wastewater treatment services or for any other enforcement action authorized under this chapter and deemed appropriate by the director of engineering & utilities 7 65.230 Cease and desist orders. When the director of engineering & utilities finds that a discharger has violated or continues to violate this chapter or any order issued hereunder, the director of engineering & utilities may issue an order to cease and desist all such violations and direct those persons in noncompliance to (1) comply forthwith, and (2) take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the wastewater discharge Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the discharger 7.65 240 Administrative fines. Notwithstanding any 411 other section of this chapter, any discharger who is found by the director of engineering & utilities, to have violated any provision of this chapter, or orders issued hereunder, shall be fined in the amount not to exceed one thousand dollars ($1,000 00) per violation Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation Such assessments may be added to the discharger's next scheduled sewer - service charge and the director of engineering & utilities shall have such other collection remedies as he has to collect other service charges Unpaid charges, fines, and penalties shall constitute a lien against the individual discharger's property Issuance of an administrative fine shall not be a prerequisite for taking any other action against the discharger 7.65.250 Recovery of costs incurred by the City. Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the City's POTW shall be liable to the City for any reasonable expense, loss, fines, or damage caused by such violation or discharge The City will bill the discharger for the cost incurred by the City for any cleaning, repair, replacement work, or other damages caused by the violation or discharge Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of parts 8 and 9 of this chapter 36 7.65 260 Emergency suspension of treatment services 411 A. The director of engineering & utilities may order the s uspension of wastewater treatment service after informal notice to the discharger if it appears to the City that an actual or potential discharge (1) presents or threatens a substantial danger to the health or welfare of persons or to the environment; or, (2) threatens to interfere with the operation of the POTW or to violate any pretreatment limits imposed by this chapter B Any discharger notified of a suspension of the wastewater treatment service shall cease immediately all wastewater discharges In the event of a discharger's failure to comply immediately and voluntarily with the suspension order, the director of engineering & utilities will take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage, including but not limited to, the POTW, its sludge or receiving waters, or endangerment to the health and welfare of any individuals The City shall have the right of access onto the discharger's private property to accomplish such severance of the sewer line The director of engineering & utilities will allow the discharger to recommence its wastewater discharge when the endangerment has passed, unless the termination proceedings set forth in section 7 65 270 of this chapter are initiated against the discharger C It shall be unlawful for any person to prevent or attempt to prevent the City from terminating wastewater treatment service in an emergency situation, by barring entry, by physically interfering with City employees or contractors, or by any other means D. Any discharger whose wastewater treatment service has been suspended pursuant to this section shall have the right to a postsuspension hearing to be conducted in accordance with the procedures set forth in section 7 65 280 below A discharger which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the director of engineering & utilities prior to the date of the post- suspension hearing 7.65.270 Termination of treatment services. A The director of engineering & utilities shall have authority to terminate wastewater treatment services for any discharger if it determines that the discharger has 1 Failed to accurately report wastewater constituents and characteristics; 2 Failed to report significant changes in operations or wastewater constituents or characteristics, 3 Refused reasonable access to the discharger's premises for purposes of inspection, monitoring, or sampling; 37 4 Violated any condition of the discharger's waste discharge permit; 5 Violated any of the provisions of this chapter; or 411 6 Violated any lawful order of the City issued with respect to the chapter B . The discharger shall be given written notice of the City's decision (and basis or bases therefor) to terminate wastewater services and shall have the right to a pre- termination hearing in accordance with the provisions of section 7 65 280 of this chapter. 7.65 280 Administrative hearing. A. A discharger shall have the right to an administrative hearing to contest the City's determination (1) to suspend the discharger's wastewater services; (2) to terminate the discharger's wastewater services; (3) to impose administrative fines against the discharger; (4) to bill the discharger for costs incurred by the City as a result of the discharger's violation or discharge; or (5) that the discharger has violated a consent, compliance, or cease and desist order B Any hearing pursuant to this section must be requested by the discharger in writing within fifteen (15) days after the discharger receives notice of the City's determination The discharger's written request for hearing shall be filed with the director of engineering & utilities Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review The City will conduct the hearing within twenty (20) days of the receipt of the request (or within five (5) days if the discharger is contesting suspension or termination of wastewater services) C. The administrative hearing authorized by this section will be held before the City manager or the City manager's designee Formal rules of evidence will not apply but the discharger and the City shall have the right to present witnesses and documentary evidence The City manager or the City manager's designee will issue a written decision within ten (10) days of the conclusion of the hearing D . Any discharger requesting a hearing shall have the right to make an electronic or stenographic record of the proceedings Such record shall be made at the discharger's expense E Except as otherwise provided, all decisions by the City manager or City manager's designee shall be final and conclusive on all parties unless appealed to the City Council under section 7 65 285 of this chapter F. The City council may by resolution adopt additional rules for the conduct of hearings pursuant to this section 38 7.65.285 Appeal to the City Council. 411 A Any decision of the City manager or the City manager's designee rendered pursuant to section 7 65.280 of this chapter may be reviewed by appeal to the City council The discharger must file written notice of appeal with the clerk of the City council within fifteen (15) days following notification of such decision or action Such notice of appeal shall be set forth in reasonable detail the action or decision appealed and the discharger's grounds for reversal or modification thereof Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. 8 Following receipt of such notice, the clerk of the City council will schedule a date for a public meeting by the City council at which time the City council shall consider the appeal The date of the public meeting should be not later than twenty (20) days following the date the clerk of the City council receives notice of the appeal The clerk of the City council will mail written notice to all parties of record to apprise them of the meeting date before the City council C City council review of the facts shall be limited to evidence presented to the City manager or the City managers designee The City council may request additional • information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to the material provided D At the public meeting the City council may adopt, amend and adopt, reverse, amend and reverse the findings, conclusions, and decision of the City manager or the City manager's designee E The City council may by resolution adopt additional rules for the conduct of public meetings pursuant to this section 7 65.290 Judicial Review A. The decision of the City council on an appeal of the decision of the City manager or the City manager's designee shall be final and conclusive unless within. twenty (20) days from the date of final action, the discharger files a petition for review with the Yakima County Superior Court in the manner prescribed by law 7.65 300 Publication of enforcement actions A list of all dischargers that experience a significant violation of applicable pretreatment standards or other pretreatment requirements during the previous twelve (12) months shall be published, at least annually, by the City in the largest local daily newspaper of general circulation For the purposes of this provision, a violation is a significant violation which meets one or more of the following criteria. 39 1 Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent (66 %) or more of all of the wastewater measurements taken 110 during a six -month period exceed the daily maximum limit or the average limit for the same pollutant parameter by any amount; 2 Technical Review Criteria (TRC) violations, defined here as those in which thirty -three percent (33 %) or more of all of the wastewater measurements for each pollutant parameter taken during a six -month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC =1 4 for BOD, TSS, fats, oils, and grease, and 1 2 for all other pollutants except pH), 3 Any other discharge violation that the City determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public) ; 4 Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City's exercise of its emergency authority under section 7 65 260 of this chapter to halt or prevent such a discharge, 5 Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance, 6 Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, compliance reports, periodic self - monitoring reports, and reports on compliance with compliance schedules, 7 Failure to accurately report noncompliance, 8 Failure to maintain records of pretreatment facility maintenance, including, but not limited to, cleaning and waste removal dates, and means of disposal of accumulated wastes; or 9 Any other violation or group of violations which causes the City to expend considerable time or expense in tracking down the source of pollutants detected in the POTW wastewater influent, or which the City determines will adversely affect the operation or implementation of its pretreatment program 40 7.65.310 Performance bonds and liability insurance The director of engineering & utilities may decline to reinstate 411 wastewater treatment services for any discharger who has had its services suspended or terminated under the provisions of this chapter unless such discharger, at the discretion of the director of engineering & utilities, either (1) first files with the director of engineering & utilities a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the director of engineering & utilities to be necessary to achieve consistent compliance, or (2) first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge 7 65.320 Operating upsets. A Any discharger that experiences an upset in operations that places the discharger in a temporary state of noncompliance with this chapter, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation, shall inform the director of engineering & utilities of the upset immediately upon discovering the upset Where such information is given orally, a written report describing the upset shall be filed with the director of engineering & utilities by the discharger within five (5) days after the discovery This report shall be based on properly signed, contemporaneous operating logs or other relevant evidence and shall include 1 A description of the upset, the cause of the upset and the impact of the upset on the discharger's compliance with this chapter 2 The duration of noncompliance (including exact dates and times) and, if noncompliance is continuing, the time by which the discharger expects to be in compliance — 3 All steps which have been taken or will be taken to prevent the recurrence of the upset. 4 Evidence that the facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures B. A timely documented and properly verified operating upset shall be an affirmative defense to any enforcement action . brought by the City against the discharger for failure to comply with this chapter to the extent that the enforcement action arises out of violations which occurred during the period of upset Provided, however, that such an upset shall not relieve the discharger of any other liability for the upset including, but not limited to, liability for damages sustained by the POTW, the City, • or third persons In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset shall have the burden of proof 41 7 65 330 General /Specific prohibitions. A discharger shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibition against interference and pass through found in section 7 65 060, subsection B of this chapter, or with the specific prohibitions found in section 7 65 060, subsection B, paragraphs 2, 7, 8, 10, and 14 of this chapter, 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 under section 7 65 070, subsection E of this chapter for each pollutant discharged and the discharger was in compliance with each limit directly prior to, and during, the pass through or interference, or (B) no local limit exists under section 7 65 070, subsection E of this chapter, but the discharge did not change substantially in nature or constituents from the discharger's prior discharge when the City was regularly in compliance with its NPDES permit requirements, and in the case of interference, was in compliance with applicable sludge use or disposal requirements 7.65.340 Bypass. A A discharger may allow any bypass to occur which does not cause the pretreatment standards or requirements of sections 7 65 060 and 7 65 070 of this chapter 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 subsections B and C of this section B. If a discharger knows in advance of the need for a • bypass, it shall submit prior notice to the director of engineering & utilities, at least ten (10) days before the date of the bypass if possible A discharger shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the director of engineering & utilities 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 industrial discharger becomes aware of the bypass The written submission shall contain a description of the bypass and its cause, the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass The director of engineering & utilities may waive the written report on a case -by -case basis if the oral report has been received within twenty -four (24) hours C Bypass is prohibited, and the City may take enforcement action against a discharger for a bypass, unless. 1 Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2 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 42 satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and 3 The discharger submitted notices as required under subsection B of this section The director of engineering & utilities may approve an anticipated bypass, after considering its adverse effects, if the director of engineering & utilities determines that it will meet the three conditions listed in this subsection 7.65.350 Records retention. All dischargers subject to this chapter shall retain and preserve for no less than five (5) years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge All records which pertain to matters which are the subject of an enforcement action or litigation shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired, but in no case less than five (5) years Part 9 - Judicial Enforcement 7 65 360 Judicial remedies. If any person discharges sewage, industrial wastes, or other wastes into the City's wastewater collection or treatment system contrary to the provisions of this chapter or any order issued hereunder, the director of engineering & utilities, through the City attorney, may commence an action for appropriate legal and /or equitable relief in the Superior Court for Yakima County Such judicial action may be in lieu of or in addition to any other administrative enforcement action authorized herein 7.65.370 Injunctive relief. Whenever a discharger has violated or continues to violate the provisions of this chapter or order issued hereunder, the director of engineering & utilities, through counsel, may petition the Superior Court for Yakima County for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the discharger. The director of engineering & utilities shall have such remedies to collect these fees as it has to collect other sewer service charges. Such other action as appropriate for legal and /or equitable relief may also be sought by the City A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a discharger 7.65.380 Civil penalties. • A. Any discharger who has violated or continues to violate an order of the City, or who fails to comply with. (a) any provision of this chapter, or (b) any rule or order of the City, issued pursuant to this chapter, shall be liable to the City for a 43 civil penalty The amount of such civil penalty shall be at least one thousand dollars ($1,000) per violation but not more than ten thousand dollars ($10,000) per violation, plus actual damages incurred by the POTW Each day upon which a violation occurs or 411 continues shall constitute a separate violation Unpaid civil penalties shall constitute a lien against the individual discharger's property In addition to the above described penalty and damages, the director of engineering & utilities may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses A discharger's failure to pay such civil penalties shall be grounds for termination of wastewater services B. The director of engineering & utilities will petition the Court to impose, assess, and recover such civil penalties In determining the amount of liability, the Court will take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger's violation, corrective actions by the discharger, the compliance history of the discharger, the City's enforcement response manual (ERP), which provides guidelines for the assessment of monetary penalties, if available, and any other factor as justice requires C Filing a suit for civil liabilities shall not be a prerequisite for taking any other action against a discharger 7 65 390 Falsifying information. Any person who • knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter (in addition to civil and /or criminal penalties otherwise provided by law) shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) per violation per day plus costs of prosecution or imprisonment not to exceed ninety (90) days or both 7 65 400 Criminal penalties Any person who willfully, knowingly, recklessly or negligently violates any provision of this chapter through any act or omission shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than ten thousand dollars ($10,000) per violation per day plus costs of prosecution or imprisonment in the county jail not to exceed one year, or by fine, restitution and imprisonment, at the discretion of the court 7 65.410 Remedies nonexclusive. The provisions in parts 8 and 9 of this chapter are not exclusive remedies The City reserves the right to take any, all, or any combination of these actions against a noncompliant discharger. • 44 Part 10 - Additional Provisions 010 7.65.420 Septage and liquid waste hauling re A It is unlawful for any person, firm or corporation to engage in the business of cleaning or pumping out private wastewater disposal systems in the City or to remove, transport or dispose of septage from private wastewater disposal systems by transporting the same across or along any of the streets, alleys, or public ways of the City without having first complied with the terms of this section. It is unlawful for anyone to discharge any trucked or hauled waste including, but not limited to, septage from private wastewater disposal systems at any location within the City, except at discharge points specifically designated by the POTW or which have have been approved in writing by the director of engineering & utilities. Anyone discharging any trucked or hauled waste into the City's wastewater collection or treatment system must comply with the pretreatment standards and requirements set forth in this chapter. B. No person, firm or corporation engaged in septage hauling will be allowed to discharge septage into the POTW unless they comply with the following septage hauling requirements 1 Hold a valid septage hauling permit from the Yakima Health District; 411- 2 Carry liability insurance of such kind and in such amount as the City may require to protect itself from any loss or damage that may directly or indirectly be occasioned by the discharge of septage into the POTW; 3. Complete a septage waste manifest (in triplicate) obtained from the department of engineering & utilities prior to arrival at the POTW; and 4 Prevent the commingling of industrial wastewater, process wastewater, sludge and domestic wastewater Any wastewater collected from a business or industry must be discharged into the POTW first before wastewater from another business or industry is collected C. The City shall have the right to inspect and sample any trucked or hauled waste before allowing its discharge to the POTW to verify compliance with the provisions of this chapter and any applicable federal or state laws. D. The City shall have the right to refuse the discharge of any trucked or hauled waste to the POTW if it determines within its absolute discretion that the discharge of such trucked or hauled waste would not comply with the provisions of this chapter and any applicable federal or state laws. 411 E. The discharge of any trucked or hauled waste containing hazardous wastes, as defined under applicable federal and state laws and regulations, to the POTW shall be strictly prohibited. 45 F Failure to comply with the terms of this section shall subject the person, firm or corporation responsible for the failure to the penalties specified in part 8 of this chapter 7.65 430 Regulations. The director of engineering & utilities will have the authority to promulgate written regulations consistent with this chapter 7 65.440 Severability The provisions of this chapter are severable, and if any provision of this chapter, or the application of any provision of this chapter to any circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this chapter shall not be affected thereby " Section 3. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 22nd day of September , 1992 MAYOR All ATTEST \C11 CITY CLERK 46