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HomeMy WebLinkAbout2007-026 Revised Federal Wastewater Pretreatment Regulations; YMC Amendment , ORDINANCE NO 2007- 26 AN ORDINANCE relating to public services and utilities, revising the sewer use and pretreatment regulations, incorporating provisions required by revised federal pretreatment regulations, revising Chapter 7 65, and amending Sections 7 65 020, 7 65 050, 7 65 060, 7 65 080, 7 65 140, 7 65 184, 7 65 195, 7 65 300, 7 65 360, 7 65 370 of the City of Yakima Municipal Code, and providing for related matters WHEREAS, the City of Yakima ( "City ") has been fully delegated, as of June 15, 2003, to implement a wastewater pretreatment program to control discharges from all industnal users of its wastewater treatment and disposal system pursuant to requirements set out in 40 CFR Part 403, Chapter 90 48 RCW, Chapters 173 -208 WAC, 173 -216 WAC, 173 - 201A WAC, and 173 -240 WAC and the City's National Pollution Discharge Elimination System Permit; and WHEREAS, the United States Environmental Protection Agency ( "EPA ") revised portions of 40 CFR Part 403, its General Pretreatment Regulations for Existing and New Sources of Pollution, WHEREAS, the City entered into a special agreement with Yakima County, the Terrace Heights Sewer District, the City of Union Gap and the City of Moxee on October 10, 2005, and WHEREAS, Yakima Municipal Code Chapter 7 65 requires certain amendments to incorporate the revisions to the 40 CFR Part 403 and the provisions of the special agreements, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1 Chapter 7 65, "Sewer Use and Pretreatment Regulations," and the various sections thereof, are hereby amended 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 "Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U S C 1251 et seq ), in its current form or as it may be amended "Applicable pretreatment standards" for any specified pollutant means the City's specific limitations on discharge, the state standards or the national categorical pretreatment standards (when effective), whichever standard is most stringent in a given situation "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 provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making capital 1 investment recommendations, and initiate and direct other comprehensive measures to assure Tong -term environmental compliance with environmental laws and regulations, can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements, and where 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 subsections (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 "Backwater valve" means a device installed in a drainage system to prevent reverse flow "Best .management practices" mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b) and treatment requirements, operating procedures and practices to control facility site runoff, spills or leaks, sludge or waste disposal or drainage from raw materials storage. "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty degrees Centigrade (20 degrees C), expressed in milligrams per liter (mg /L) "Building drain" means that part of the lowest horizontal piping of a drainage system, which receives the discharged wastewater from inside the walls of the building and conveys it to the Building Sewer connection, beginning five (5) feet outside the exterior face of the building wall "Building Sewer" means that part of the horizontal piping of a drainage system, which extends from the end of the building drain and which receives the discharge from the building drain, conveying it to the public sewer "Bypass" means the intentional diversion of waste streams from any portion of an industrial discharger's treatment facility "Categorical pretreatment standards or categorical standards" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance 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 "CFR" means the Code of Federal Regulations "City" means the City of Yakima or its authorized deputy, agent or representative 2 "Code Administration and Planning Manager" means the director and authorized representatives of the department of Community and Economic Development of the City of Yakima. "Color" means the optical density at the visual wavelength of maximum absorption, relative to distilled water One hundred percent transmittance is equivalent to zero optical density "Composite sample" means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time "Date of full delegation" means June 15, 2003 the date upon which the City became fully authorized, pursuant to 40 CFR Part 403 and WAC Chapter 173 -208, to administer the wastewater discharge permit program set forth in Part 7 of this chapter "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 commercial businesses that discharge wastewater other than domestic wastewater "Discharge Authorization" means the written permission from the Wastewater Manager for long term, short term, or temporary discharges into the City's POTW by persons other than significant industrial users or residential users. "Domestic discharger or user" means any single - family or multifamily residential customer or commercial business customer discharging domestic wastewater only "Domestic wastewater" means water from any domestic discharger or user carrying human waste, kitchen, bath and laundry waste, and housekeeping materials in volumes and /or concentrations normally associated with residential discharges, together with such groundwater infiltration or surface waters as may be present. "Ecology" means the Washington State Department of Ecology "Environmental Protection Agency" or "EPA" means the U S Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the regional water management division director or other duly authorized official of said agency "Existing discharger" or "existing user" means any discharger, which was discharging wastewater prior to the effective date of this chapter "Existing source" means any source of discharge of wastewater, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. 3 "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 "Food processing" means the preparation of fruits or vegetables for human or animal consumption, including, but not limited to, the preparation of fruits or vegetables for wholesale or retail sale by washing and /or other processes. "Food processing wastewater" means wastewater that contains wastes generated by food processing and that is discharged into the food processing wastewater system "Food processing wastewater" does not include any domestic or industrial wastewater except as set forth above "Food processing wastewater sewer" means the system for the collection and treatment of food processing wastewater This definition includes any devices or systems used in the collection, storage, treatment, recycling, or reclamation of food processing wastewater and any conveyances that convey food processing wastewater to the food processing wastewater treatment plant. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods. "Grab sample" means a sample, which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen minutes. "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 The discharge into the POTW is normally by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto "Industrial discharger" means "discharger -- industrial discharger or user," as defined above "Industrial sewer" means a drain or sewer, which carries industrial wastewater only, as distinct from "process sewer," "sanitary sewer" or "storm sewer " "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" or noncontact cooling water "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 4 state biosolids management plan prepared pursuant to 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 ) "Lower explosive limit" or "LEL" means the lowest concentration of a gas -in -air mixture at which the gas can ignite "May" is permissive "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 "Mg /L" means milligrams per liter "Minor industrial discharger or user" (MIU) means a nondomestic discharger that meets one or more of the following criteria a. Discharges wastewater, which meets, at least, one of the following criteria. (1) Daily average process wastewater flows exceed five thousand gallons per day, but not more than twenty -five thousand gallons per day (excluding domestic wastewater and noncontact cooling water), or (2) Maximum daily discharge volume which exceeds one percent of the average dry weather hydraulic or organic capacity of the POTW, or b Is otherwise deemed by the City to be categorized as an MIU "Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater New discharger" or new user" means a user that is not regulated under federal categorical pretreatment standards but that applies to the City for a new building permit or occupies an existing building and plans to commence discharge of wastewater (other ■ than domestic wastewater) to the City's collection system after the effective date of this chapter Any person that buys an existing facility that is discharging non - domestic wastewater will be considered an existing discharger or existing user if no significant changes are made in the manufacturing operation "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 whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the 5 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 (1) Any placement, assembly or installation of facilities or equipment, or (2) Significant site preparation work including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or b Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time Options to purchase or contracts, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection "Noncontact cooling water" means water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product or finished product. Cooling water may be generated from any use, such as air conditioning, heat exchangers, cooling or refrigeration to which the only pollutant added is heat. "Nondomestic discharger or user" means any discharger other than a domestic discharger (i e an industrial discharger or user) "Non- residential domestic discharger or user" means any domestic discharger other than single family or multifamily residential discharger or users "North Amencan Industry Classification System (NAICS) Means a system used by business and government to classify and measure economic activity in Canada, Mexico, and the United States It is in the process of replacing the older Standard Industrial classification (SIC) code system. "NPDES" means the National Pollutant Discharge Elimination System permit program as administered by the EPA or State of Washington Department of Ecology (Ecology) "0 & M" means operation and maintenance "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 "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 6 of any requirement of the City's NPDES permit (including an increase in the magnitude or duration of a violation) "Permit," unless the context clearly dictates otherwise, means a "wastewater discharge permit" as defined in this chapter "Permittee" means a person, discharger or user issued a wastewater discharge permit. "Person" means any individual, partnership, co- partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities "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) "Pollutant" means any substance discharged into a POTW 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 health, safety or welfare, or to any legitimate beneficial use, or to any animal life, either terrestrial or aquatic Pollutants include, but are not limited to, the following dredged soil, solid waste, incinerator residue, sewage, garbage, sewage biosolids, 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) "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 and maintenance of the treatment works. "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 "Pretreatment requirement" means any substantive or procedural requirement related to pretreatment other than a pretreatment standard "Pretreatment standard" means discharge standards, categorical pretreatment standards and local limits 7 "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 sewer "Process sewer" means a drain or sewer, which carries process wastewater only, as distinct from industrial sewer, sanitary sewer and storm sewer "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. "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 "Public sewer" means a sewer constructed for conveyance of liquid wastes, which is controlled by a public authority "Residential Discharger or user" means a single family or multi - family residential customer that discharges only domestic wastewater to the POTW "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 "Septage" or "septic tank waste" means, but is not limited to, septic tank pumping, portable toilet pumping, sump pumping, camper and trailer pumping "Severe property damage" means substantial physical damage to property, damage to the wastewater treatment or pretreatment facilities which causes them to become inoperable, or substantial and permanent Toss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage does not mean economic loss caused by delays in production "Sewage" 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 ) "Sewage works" shall have the same meaning as POTW "Sewer" means any pipe, conduit, ditch or other device used to collect and transport sewage "Shall" is mandatory 8 "Significant industrial discharger or user" (SIU) means a nondomestic user of the POTW who a. Is subject to categorical pretreatment standards, or b Discharges an average of twenty -five thousand gallons per day or more of process wastewater to the POTW (excluding domestic wastewater and noncontact cooling water), or c Contributes a process waste stream which makes up five percent 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 a nondomestic 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 a nondomestic 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 "Slug load" 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 flow rate exceeding the permitted peak flow, or ten percent of the capacity of the available trunk sewer, whichever is greater "Standard Industrial Classification (SIC) Code" means a classification pursuant to the "Standard Industrial Classification Manual" issued by the U S Office of Management and Budget. "State" means the state of Washington "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 "Stormwater" means any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt. "Suspended solids or Total Suspended Solids (TSS)" means total suspended solids or matter that either floats on the surface of, or is in suspension in water, sewage, or other liquids, and which is removable by laboratory filtering "Temporary discharge" means a discharge on a one -time or temporary basis into the City's POTW of no more than one year in duration Significant industrial users are ineligible for authorization for a temporary discharge "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. 9 "Treatment plant effluent" means any discharge of water pollutants from the POTW into waters of the state "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 "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, or with the terms of pretreatment standards contained in an applicable wastewater discharge permit or authorization, due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation thereof "WAC" means the Washington Administrative Code "Wastewater" means water or liquid- carried industrial waste, process 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 For purposes of this chapter, "wastewater" shall also include "food processing wastewater," as defined in Chapter 7 12 "Wastewater discharge permit" means an authorization or equivalent control document issued by the Wastewater Division pursuant to Part 7 of this chapter allowing the discharger, under certain limitations, to discharge wastewater to the POTW The permit shall contain appropriate pretreatment standards and requirements as set forth in this chapter "Wastewater Division" means such division of the City of Yakima and includes its manager and authorized representatives, and includes the term Wastewater Manager as used in this chapter "Wastewater Manager" or "Manager" means the supervisor of the Wastewater Division and includes authorized representatives of the Wastewater Manager and Wastewater Division " 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 "Wastewater treatment plant or treatment plant" means that portion of the POTW designated to provide treatment of wastewater 10 "Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently (Ord 2000 -19 § 3, 2000 Ord 97 -13 § 44, 1997, Ord 3491 § 2 (part), 1992) 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 and Planning Manager B There shall be two classes of Building Sewer permits (1) residential and non- residential domestic service, and (2) service to nondomestic dischargers 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 and Planning 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 Toss 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 licensed and bonded in accordance with the City's requirements at the time of connection to the sewer The licensed and bonded contractor shall have taken and passed the Side Sewer Installer Certification test that is proctored by the Code Administration and Planning Division of the City of Yakima. D A separate and independent Building Sewer shall be provided for every building, and only on each building's separate and independent lot, except under the following circumstances 1 Where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructedto the rear building through an adjoining court, yard or driveway,the building drain from the front building 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 and Planning 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 and Planning Manager, to be in good repair, sized for the number of fixtures per the plumbing code most recently adopted by the City, to be suitable for this purpose, and to meet all requirements of this chapter F The size, slope, alignment, materials of construction of 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 plumbing code most recently adopted by the City 11 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 Plumbing Code most recently adopted by the City and found acceptable by the Code Administration and Planning 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, storm water 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 The connection of the Building Sewer into the public sewer shall conform to the requirements of the editions of the building code and plumbing code most recently adopted by the City All such connections shall be made gastight and watertight and verified by proper testing The Code Administration and Planning Manager must approve any deviation from the prescribed procedures and materials before installation J The applicant for the Building Sewer permit shall notify the Code Administration and Planning Manager when the Building Sewer is ready for inspection and connection to the public sewer The connection and testing shall be made under the supervision of the Code Administration and Planning Manager 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 building code most recently adopted by the City The permit to install a backwater valve can be obtained from Code Administration and Planning Manager 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 (Ord 3491 § 2 (part), 1992) Part 4 Pretreatment Standards and Requirements 7 65 060 Pretreatment standards and requirements. A. No person shall discharge or cause to be discharged to the POTW, directly or indirectly, 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 Wastewater Manager and other regulatory agencies whose approval is required by law (See Part 7 of this chapter) 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 12 Furthermore, no discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the Wastewater Manager 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 be injurious in any other way to the operation of the POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR 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, nor any single reading over ten percent 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 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 In no case may solids greater than one - fourth inch in any dimension be discharged to the POTW 3 Any wastewater having a pH less than 5.5 or higher than 12 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 TSS 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 (nonpolar) 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 (0) degrees Centigrade (thirty -two (32) degrees F) 8 Any wastewater containing pollutants in sufficient 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 intersection are capable of creating a public nuisance or hazard to life or 13 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, biosolids 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, either alone or in combination with other discharges, will cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting biosolids 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 biosolids 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 from the seasonably established norm for aquatic life Any slugload 14 Any sludges, screenings or other residues from the pretreatment of industrial wastewater discharges. 15 Any wastewater containing any radioactive wastes or isotopes of such half -life or concentration as exceed limits established by the City in compliance with applicable state or federal regulations 16 Any wastewater that causes a hazard to human life or creates a public nuisance 17 Any medical wastes 18 Any wastewater causing the treatment plant's effluent to fail a toxicity test. 19 Any wastes containing detergents, surface- active agents, or other substances in such concentrations that they may cause excessive foaming in the POTW 20 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) 14 Aldrin 0 0 Dieldrin 0 0 Chlordane 0 030 2,4 -D 10 000 4,4' -DDT 0 0 4,4' -DDX (p,p' -DDX) 0 0 4,4' -DDD (p,p' -TDE) 0 0 a- endosulfan -Alpha 0 0 b- endosulfan -Beta 0 0 Endosulfan sulfate 0 0 Endrin 0 020 Endrin aldehyde 0 0 Heptachlor 0 008 Heptachlor epoxide 0 0 a -BHC -Alpha 0 0 b -BHC -Beta 0 0 c- BHC - (lindane) -Gamma 0 0 g -BHC -Delta 0 0 Lindane 0 400 Methoxychlor 10 000 Pyridine 5 000 Silvex 1 000 Toxaphene 0 500 C No discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the Wastewater Manager 1 Any wastewater with a temperature that 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 (one hundred four degrees F) 2 Any trucked or hauled pollutants, except pursuant to Section 7 65 420 3 Any dangerous wastes as defined in Chapter 173 -303 of the Washington Administrative Code (WAC), as now or as it may be amended 4 Flows which have the potential to adversely affect the hydraulic loading of the POTW, including the following categories. a Noncontact cooling water; b Stormwater and other direct inflow sources, and 15 c Nonpolluted water or water which does not require significant treatment. D Wastes prohibited by this section shall not be processed or stored in 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 E The general and specific prohibitions provided by this section apply to all dischargers to the POTW whether or not the discharger is subject to categorical pretreatment standards or requirements (Ord 2000 -19 § 4, 2000 Ord 3491 § 2 (part), 1992) 7 65 080 Slug load or accidental discharges A. Each discharger shall provide protection from a slug Toad 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 slug load or accidental discharge of prohibited materials When requested to do so, the discharger shall submit to the Wastewater Manager for review a "slug Toad control /spill prevention, control and countermeasure plan" (SC /SPCC plan) showing facilities and operating procedures to provide this protection The Wastewater Manager shall evaluate, at least once every two years and within one year of a user's initial designation as a significant industrial discharger, whether each significant industrial user needs a SC /SPCC plan The SC plan /SPCC plan shall contain at a minimum the following elements 1 Description of discharge practices for batch and continuous processes, including non - routine and routine batch discharges, 2 Description of stored hazardous substances, including quantity maintained for each listed material and a map showing their location, 3 Procedures for immediately notifying the City and any other authorities of any accidental or slug load discharges, with procedures for follow -up written notification within five days, and 4 Procedures to prevent adverse impact from any accidental or slug load 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 runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and /or measures and equipment for emergency response Where applicable, the SC /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 /SPCC plan and submit it to the Wastewater Manager within one hundred twenty days (120) of being notified by the manager to do so The Wastewater Manager will review the SC /SPCC plan before construction of any prevention facility No discharger who discharges to the POTW after the aforesaid date shall be permitted to introduce pollutants into the system until such SC /SPCC plan has been reviewed by the Wastewater Manager Review of such plan by the Wastewater 16 Manager 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 /SPCC plan shall review and evaluate such plan at least every two years from the date of submittal As a result of this review and evaluation, the discharger shall amend the SC /SPCC plan within six 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 The plan shall be maintained on the plant site and readily available to facility personnel C Dischargers shall verbally notify the Wastewater Manager immediately upon the occurrence of a slug load or accidental discharge of substances prohibited by this chapter and take immediate action to correct the situation Within five days after the occurrence of the slug load or accidental discharge, the discharger shall follow -up with a written notification to the Wastewater Division The notifications shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions taken or to be taken Any discharger who discharges a slug load of prohibited materials shall be liable for any expense, Toss 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 slug load 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 (Ord 2000 -19 § 6, 2000 Ord 3491 § 2 (part), 1992) E. Significant industrial users shall verbally notify the Wastewater Manager immediately of any changes in its facility or operating procedures that will affect its potential for slug discharges. Within five days of its verbal notification, the discharger shall follow -up with a written notification to the Wastewater Division. Changes that will effect a facility's potential for slug discharges include, but are not limited to, significant changes to the hazardous substances 'stored at the facility and changes to the discharge i ractices. associated with the facility's operating procedures. 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 Wastewater Manager a report which contains the information listed below At least one hundred twenty (120) 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 Wastewater Manager 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 17 pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged 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 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 waste stream formula set out in 40 CFR 403 6(e) 5 A measurement of pollutants. 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 subsection 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 subsection H of this section In cases where the pretreatment standard requires compliance with best management practices or pollution prevention alternatives, the industrial discharger shall submit documentation as required by that standard to document compliance with the standard. c Sampling must be performed in accordance with procedures set out in subsection I of this section 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 6 A statement from the industrial discharger's authorized representative and certified by a professional engineer registered in the state of Washington, 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 18 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 waste stream 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 subsection A of this section, the information required by subsections (A)(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 waste stream formula, and /or a fundamentally different factors variance after the industrial discharger submits the report required under subsection A of this section, any necessary amendments to the information requested by subsections (A)(6) and (7) of this section shall be submitted by the industrial discharger to the Wastewater Manager within sixty 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 months b The industrial discharger shall submit a progress report to the Wastewater Manager no later than fourteen 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 months elapse between such progress reports to the Wastewater Manager 8 All baseline monitoring reports must be signed and certified in accordance with subsection K of this section 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 noncategorical dischargers established by the City) or in the case of a new source (new discharger) within thirty 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 Wastewater Manager a report containing the information described in subsections (A)(4) through (6) of this section 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 19 compliance reports must be signed and certified in accordance with subsection K of this section C Any significant industrial discharger subject to a pretreatment standard shall, at a frequency determined by the Wastewater Manager, in its discharge permit, but in no case less than twice per year, shall 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 compliance reports must be signed and certified in accordance with subsection K of this section 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 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 In cases where the pretreatment standard requires compliance with best management practices or pollution prevention alternatives, the industrial discharger shall submit documentation as required by that standard to document compliance with the standard. 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 nonregulated flows, the industrial discharger shall be responsible for providing flows from the regulated process flows, dilution flows and nonregulated 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 subsection I of this section 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 number and frequency of monitoring shall be prescribed by the City in their discharge permit. The samples shall be processed at a laboratory accredited by the state Alternately, at the request of the industrial permittee, the City may collect and analyze the samples as part 20 of the required sampling and analysis under its NPDES permit and section 7 65 160 E of this chapter All costs associated with such testing and analysis shall be the responsibility of the industrial discharger D Any industrial discharger subject to this chapter shall report to the Wastewater Division, in person or by phone, ninety (90) days prior to any 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 report, permit application or environmental survey These changes include, but are not limited to, flow, BOD, or TSS increases of twenty (20) percent or greater, the commencement of discharge of any prohibited or limited substance under Section 7 65 060(B) of this chapter, and the addition of any process covered by national categorical pretreatment standards Formal written notification shall also be made to the Wastewater Division at least ten days prior to such change E. Any discharger operating under equivalent mass or concentration limits shall notify the Wastewater Manager within two (2) business days after the discharger has a reasonable basis to know that the production level will significantly change within the next calendar month Any discharger not notifying the Wastewater Manager 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 Wastewater Manager, any minor industrial dischargers shall provide to the Wastewater Manager the same reports as set forth in subsection A of this section G If sampling preformed by an industrial discharger indicates a violation, the industrial discharger must notify the Wastewater Manager within twenty -four 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 Wastewater Manager within thirty days after becoming aware of the violation Where the City has performed the sampling and analysis in lieu of the industrial discharger, the City must perform the repeat sampling and analysis within thirty days after becoming aware of the violation unless it notifies the industrial discharger of the violation and requires that discharger to perform the repeat sampling and analysis. 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 and WAC 173 - 216 -125 If 40 CFR Part 136 or WAC 173 - 216 -125 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 Except as indicated below, the industrial discharger must collect wastewater samples using twenty- four -hour flow proportional composite collection techniques. In the event twenty- four -hour flow proportional composite sampling is infeasible, the Wastewater Manager may authorize the use of time proportional composite sampling or a minimum of four grab samples where the industrial discharger demonstrates that this 21 will provide a representative sample of the actual effluent being discharged to the POTW and the Wastewater Manager shall document the decision to allow alternative sampling in the discharger's facility file. 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, metals 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 City, it must submit the results of this extra sampling and analysis of the discharge as part of its self- monitoring report. J The Wastewater Manager may use a wastewater grab sample(s) to determine noncompliance with applicable pretreatment standards K. Any reports required by this chapter and submitted by the industrial discharger shall be signed by an authorized representative of the discharger 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, mcludmg the possibility of fine and impnsonment for knowing violations 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 The Wastewater Manager shall develop and implement procedures to receive and analyze reports and other notices submitted by industrial dischargers (Ord 2000 -19 § 11, 2000 Ord 3491 § 2 (part), 1992) 7 65 184 Wastewater Discharge Authonzation Required. A. Authorizations The Wastewater Manager may authorize long term, short term or temporary wastewater discharges into the City's sewer system. All authorized wastewater discharges shall comply with pretreatment standards and regulations (Section 22 7 65 060), limitations on wastewater strength (Section 7 65 070), and protect the POTW from slug load or accidental discharges (Section 7 65 080) Failure to comply shall subject the discharger to the enforcement provisions of Part 8 of this chapter and all industrial dischargers located outside of the City's boundaries that receive authorization to discharge from the City shall accept the City's authority to impose those enforcement provisions as a condition to discharging wastewater into the City's sewer system. The Wastewater Manager may condition the authorization as necessary to comply with the provisions of this chapter, and may deny requests under this section on the grounds that the discharge would violate any provision of this chapter B Discharge Authorization procedure 1 Dischargers must submit a completed Industrial Waste Survey (IWS) to the Wastewater Manager The survey shall include a complete wntten description of the proposed project, including the reason for the discharge, rate and duration of the discharge, a site map and plumbing plan showing the location and method to discharge the wastewater, a legal description of the property, and the name and phone number of a contact person The survey shall also contain the following a. An analysis of the water to be discharged, b Volume of wastewater for discharge 2 The survey shall be signed by an authorized representative of the discharger 3 The Wastewater Manager shall review the survey for completeness and, within thirty (30) days, may return to the applicant any incomplete survey with a request for information necessary to complete the survey Any survey not so returned shall be deemed complete If returned, the survey shall not be considered complete unless and until the discharger resubmits the survey with the requested information 4 Further information or applications may be requested from the discharger by the Wastewater Manager to help determine the status of the discharger or to assist in setting the terms and conditions of the authorization 5 Authorization Terms and Conditions. A wastewater discharge authorization shall include conditions as are deemed reasonably necessary by the Wastewater Manager to prevent pass through or interference, protect the quality of POTWs receiving water body, protect worker health and safety, facilitate biosolids management and beneficial reuse, and protect against damage to the POTW The Wastewater Manager may include any requirement of Section 7 65 195, or any other Section of this chapter to achieve these goals 6 Notification of a change in the volume or constituents of any authorized discharge shall be made 30 days in advance of the change to provide the Wastewater Manager time to consider if a new authorization will be required (see 7 65 140 D 23 7 65 195 Wastewater discharge permit contents, transfer and modification. A. Permit Terms and Conditions. 1 Any discharge permit issued by the City shall include such conditions as are reasonably deemed necessary by the Wastewater Manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and beneficial reuse, and protect against damage to the POTW, including without limitation a A statement that indicates the duration of the permit, which in no event shall exceed five years, b A statement that the wastewater discharge permit is nontransferable without compliance with subsection 7 65 195(B) of this section, c All known available and reasonable methods of prevention, control and treatment; d Applicable pretreatment requirements and local discharge limits, including best management practices, and prohibited discharge requirements pursuant to this chapter; e Self- monitoring, sampling, reporting, notification, technical report submittal, compliance schedules, and record - keeping requirements. These requirements shall identify pollutants to be monitored, sampling locations, sampling frequency, and sample type based on federal, state, and City law; f Requirements pursuant to other laws including the state's Hazardous Waste Disposal Act, Chapter 70 105 RCW, the Solid Waste Management Act, Chapter 70 95 RCW, the federal Resource Conservation and Recovery Act of 1976, Public Law 95 -190, or any other applicable local ordinances or state or federal statutes, to the extent that they pertain to the prevention or control of waste discharges into the waters of the state, g Any conditions necessary to meet applicable water quality standards for surface waters h Requirements necessary to avoid conflict with a plan approved pursuant to Section 208(b) of the Act; Any conditions necessary to prevent and control pollutant discharges from plant site runoff, spillage or leaks, sludge or waste disposal, or raw material disposal, and A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements or any applicable compliance schedule k. Requirements to control slug discharges, if determined by the Wastewater Manager to be necessary. 2 As a condition of their permit and as required in Section 7 65 160 of this 24 chapter, the permittee shall allow the Wastewater Manager, upon the presentation of credentials and other documents as may be required by law, which may include a judicial inspection warrant, to a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit; b Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; d Have the right to sample or monitor waste discharges for the purposes of assuring permit compliance at any location, and e Inspect any production, manufacturing, fabricating or storage area where pollutants, regulated under the permit, could originate, be stored, or be discharged to the POTW 3 The permittee shall, at all times, be responsible for the proper operation and maintenance of any facilities or systems of control installed by the permittee to achieve compliance with the conditions of the permit. Where design criteria have been established, the permittee shall not permit flow or waste loadings to exceed approved designed criteria or approved additions thereto 4 A new application or supplement to the previous application, shall be submitted along with required engineering plans and reports, whenever a new or increased discharge or change in the nature of the discharge is anticipated that is not specifically authorized by the current permit. Such application shall be submitted at least sixty (60) days prior to proposed changes. 5 In the event the permittee is unable to comply with any of the permit terms and conditions due to any cause, the permittee shall a. Immediately take action to stop, contain, and clean up unauthorized discharges or otherwise stop the violation, and correct the problem, b Immediately notify the Wastewater Division of the failure to comply; and c Submit a detailed written report to the Wastewater Division within thirty (30) days, unless requested earlier by the Wastewater Division, describing the nature of the violation, corrective action taken to prevent a recurrence, and any other pertinent information B Transfer of a Permit. 1 A permit is automatically transferred to a new owner or operator of the facility if a. A written agreement, signed by the new owner, between the old and new owner or operator, containing a specific date for transfer of permit responsibility, coverage and liability, is submitted to the Wastewater Division at least sixty (60) days prior to the specified transfer date, and 25 b The Wastewater Division does not notify the permittee of the need to modify or revoke and reissue the permit. 2 Unless a permit is automatically transferred according to subsection (B)(1) of this section, a permit may be transferred only if the permit is modified or revoked and reissued to incorporate such other requirements as determined necessary by the Wastewater Division C Modification, Suspension, Revocation and Voiding of Permits 1 The Wastewater Division may modify a permit, including the schedule of compliance or other conditions, if it determines good and valid cause exists, which includes, but is not limited to, promulgation or revisions of categorical standards, the issuance of a special order, a change in the POTW, and alterations or additions to the discharger's discharges. 2 Any permit issued under this chapter may be suspended or revoked, in whole or in part, by the Wastewater Division for, but not limited to, the following reasons a. Violation of any permit term or condition, b Obtaining a permit by misrepresentation or failure to fully disclose all relevant facts, c A material change in quantity or type of waste disposal, d Nonpayment of fees associated with the permit; e Failure to notify the City of significant changes to the discharge prior to implementing that change, f Falsifying reports, g Tampering with monitoring equipment; h Intentionally providing non - representative samples. i Refusing to allow the City access to the facility premises and records, or j Failure to meet a compliance schedule 3 Wastewater discharge permits shall be voidable upon cessation of operations. All wastewater discharge permits issued to a particular discharger are void upon the issuance of a new discharge permit to that user (Ord 2000 -19 § 16, 2000) 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 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. 26 1 Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent or more of all of the wastewater measurements taken during a six - month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) for the same pollutant parameter; 2. Technical review criteria (TRC) violations, defined here as those in which thirty - three percent 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 numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1) 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 of a pretreatment standard or requirement, as defined by 40 CFR 403.3(1) (daily maximum, longer -term average, instantaneous limit or narrative standard) that the City determines has caused, alone or m combination with other discharges, interference or pass through (including endangenng the health of the 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 forty -five (45) 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. (Ord. 3491 § 2 (part), 1992) 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 Wastewater Manager, through the City attorney, may 27 commence an action for appropriate legal and /or equitable relief in the court having jurisdiction over the matter (the City of Yakima municipal court or the Yakima County superior court). Such judicial action may be in lieu of or in addition to any other administrative enforcement action authorized herein (Ord 2000 -19 § 32, 2000 Ord 3491 § 2 (part), 1992) 7 65 370 Injunctive relief Whenever a discharger has violated or continues to violate the provisions of this chapter or order issued hereunder, the Wastewater Manager, through counsel, may petition the court having jurisdiction over the matter (the City of Yakima municipal court or the Yakima County superior court) 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 Wastewater Manager shall have such remedies to collect fees as associated with legal costs 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 (Ord 2000 -19 § 33, 2000 Ord 3491 § 2 (part), 1992) Section 2 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 15th day of May, 2007 A O // / David Edler, Mayor ATTEST ___/ City Clerk Publication Date 5 - 18 - 2007 Effective Date 6 - 17 - 2007 28 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No V 7 For Meeting Of May 15, 2007 ITEM TITLE Request for Council Action to amend, by ordinance, Chapter 7 65 Sewer Use and Pretreatment Regulations to incorporate EPA's mandated "Pretreatment Streamlining Rule" and provisions for enforcement authority as agreed with Yakima County SUBMITTED BY Doug Mayo, Wastewater Manager CONTACT PERSON /TELEPHONE Doug Mayo 575 -6077 SUMMARY EXPLANATION The U S Environmental Protection Agency (EPA) recently revised the existing 40 CFR 403 General Pretreatment Regulations with the "Pretreatment Streamlining Rule " Mandatory sections of the Ruling must be incorporated into the City of Yakima's Sewer Use and Pretreatment Regulations in order for the City to maintain compliance with the revised federal regulations Optional sections are to be incorporated at the discretion of the Control Authority (City), and none are proposed at this time Continued Resolution Ordinance X Contract Other Motion Funding Source Approval for Submittal ty Manager (,4 • A ) STAFF RECOMMENDATION Staff respectfully requests City Council to amend, by ordinance, Chapter 7 65 Sewer Use and Pretreatment Regulations BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2007-26 Continued from previous page Amendments to Chapter 7.65 Under legal guidance, the following mandatory sections of EPA's Pretreatment Streamlining Rule were amended into Chapter 7 65 and are awaiting Council action • Clarification of the use of Best Management Practices (BMPs) • Clarification of requirements regarding the frequency of on -site inspections of industrial facilities to evaluate the adequacy of controls for "Slug Discharges " • Clarification of the definition of significant noncompliance (SNC) • Other miscellaneous changes to maintain consistency with the NPDES regulations Optional sections of the Pretreatment Streamlining Rule will be brought before Council at a later date should incorporation of any sections be deemed appropriate Amendment to Chapter 7 65 Sewer Use and Pretreatment Regulations also provides provisions from the recently executed agreement with Yakima County The Agreement clarifies each Parties' obligation and responsibility for the implementation and enforcement of the Sewer Use and Pretreatment Regulations with regard Industrial Users located outside City limits within the unincorporated areas of Yakima County