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HomeMy WebLinkAbout2003-075 Wastewater rates / charges / fees } ORDINANCE NO 2003 -75 AN ORDINANCE relating to wastewater services, rates, fees, and charges; adjusting vanous wastewater rates, fees, and charges; amending Sections 7 60 005, 7 60 010, 7 60 020, 7 60 025, 7 60 070, 7 60 100, 7 60 105, and 7 60 115, and deleting Section 7 60 030 of the Yakima Municipal Code; and providing for related matters. WHEREAS, the City of Yakima (the "City ") is authorized by Title 35 RCW to acquire, construct, own, operate, and provide financmg for waterworks and systems of sewerage, and to establish rates, fees, and charges therefore; and WHEREAS, the City Council determines that it is in the best interests of the citizens of the City that ordinances related to such systems of sewerage, wastewater rates, fees, charges, and ) related matters be amended as set forth m this Ordmance; and WHEREAS, the City Council determines that the rates, fees, and charges contained in this Ordinance are fair, just, and reasonable; and WHEREAS, the City Council determines that the anticipated revenues to be generated by fees for pretreatment program services do not exceed the anticipated expense of pretreatment program administration, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA Section 1. Section 7 60 005 of the Municipal Code is amended to read as follows. 7.60.005 Definitions. 1 "Biochenucal oxygen demand" (BOD) shall have the same meaning as in Chapter 7 65 2. "Industrial discharger" shall have the same meaning as in Chapter 7 65 3 "Industrial wastewater" shall have the same meaning as m Chapter 7 65 Pre- treatment 1 NOVEMBER 2003 RATE ORDINANCE 4 "Minor industrial user" (MIU) shall have the same meaning as in Chapter 7 65 5 "Sewer" shall have the same meaning as in Chapter 7.65 6 "Significant industrial user" (SIU) shall have the same meaning as in Chapter 7 65 7 "Suspended sohds" (SS) shall have the same meaning as in Chapter 7 65 8. "Total suspended solids" (TSS) shall have the same meaning as suspended solids. 9 "Wastewater" shall have the same meaning as in Chapter 7 65 10 "Wastewater system" shall have the same meaning as "POTW" or "publicly owned treatment works" in Chapter 7.65 The term includes all sewers and wastewater treatment plants. 11 "Wastewater treatment plant" shall have the same meaning as in Chapter 7 65 Section 2. Section 7 60 010 of the Municipal Code is amended to read as follows. 7.60.010 City to fix and collect wastewater rates and charges. A. The public health, safety and welfare require that the city of Yakima fix and collect wastewater rates and charges upon, and measured by,, either the quantity of water supplied to the prenuses or, if metered, the quantity of and concentration of BOD and TSS in wastewater discharged mto the wastewater sewer system m thc city of Yakima and m areas outside the corporate limits of thc city, for the carrymg and discharge of all wastewater mto the wastewater system of the city of Yakima as presently maintained and operated, together with additions and betterments thereto and extensions thereof, which rates and charges are fixed by this chapter; provided, that the specifying of service rates and charges by this chapter shall not affect the financing of construction of sewers and trunk sewers pursuant to the local improvement district process, the imposition of a wastewater connection charge, or other alternate means of fmancmg such construction, provided further, the adoption of rates for service to property outside the corporate limits of the city does not constitute an undertaking by the city to serve any or all such property without compliance with other laws, regulations and policies of the city pertaining to the furnishmg of city sewer service outside city corporate limits. 2 Pre - treatment NOVEMBER 2003 RATE ORDINANCE B Biennial Review In accordance with federally mandated Environmental Protection Agency requirements and to satisfy bond covenants, the city shall review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and mamtenance of the wastewater system and the user charge system. The charges for users or classes of users shall be revised as required. C. Connection Charles. Connection Charges for dischargers that connect to the Wastewater system are as set forth in Chapter 7.58 of this Code. Section 3. Section 7 60 020 of the Municipal Code is amended to read as follows. 7.60.020 Owner (inside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises within the city served by the crtj wastewater system a wastewater service charge 1 composed of a ready -to -serve charge and a volume charge based on either the quantity of water supplied to the premises or, if metered, the quantity of and concentration of BOD and TSS in wastewater discharged into the wastewater sewer system, PROVIDED that in no event shall the total wastewater service charge be less than the minimum charge indicated below Minimum charge effective Nov 10, 2003 $13 01 /month (1) Wastewater Service Charge -- Schedules. The wastewater service charge shall be calculated and charged according to the following schedules. (a) Ready -to -Serve Charges. For all customers other than multiple - umt residential customers. Charges effective Nov 10, 2003 3 Pre- treatment NOVEMBER 2003 RATE ORDINANCE Water Meter Bimonthly Size (Inches) Monthly charge charge 3/4 $13 01 $26.02 1 16.52 33 04 1 -1/2 21.34 42.68 2 34.35 68.70 3 130 10 260.20 4 165 62 331.24 6 248 49 496 98 8 342.94 685 88 _ 10 685 89 1,371 78 For multiple -umt residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling umts, according to the following: Ready -to -serve charge effective Nov 10, 2003 (6 77 /account) + ($6.24dwelhng unit) () Volume Charge. For all customers, the volume charge shall be determined by the following: Volume charge effective Nov 10, 2003 $2.28 per 100 cubic ft of water consumption or, if metered, quantity discharged B Strong Waste Surcharge. For customers located inside the city discharging wastewater which contains more than three hundred parts per million of biochemical oxygen demand (BOD) and/or total suspended solids (TSS), there shall be a surcharge, in addition to the ready -to -serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations venfied by the city If the customer chooses, at its expense, to install a sampling station, the strong waste charge shall be calculated based upon 4 Pre- treatment NOVEMBER 2003 RATE ORDINANCE 4 �' actual concentrations. Any testing done by the city may be charged at the rates set forth in section 7 60 105 of this title. The following formula shall be utilized to calculate the strong waste (SW) charge Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one gallon of water) times (customer's monthly volume m one hundred cubic feet divided by one thousand three hundred thirty- seven) times (customer's concentration of BOD or TSS m parts per million per [the national average values] or [venfied concentrations] minus three hundred). In the foregoing formula, the applicable values are as follows Effective Effective Effective Effective Nov 10, 2003 January 1, January 1, January 1, 2004 2005 2006 Unit cost per pound for BOD $0.294 $0.312 $0.332 $0.332 Unit cost per pound for TSS $0.241 $0.286 $0.339 $0.339 Weight of one gallon of water 8.34 8.34 8.34 8.34 pounds pounds pounds pounds Section 4. Section 7 60 025 of the Municipal Code is amended to read as follows. 7.60.025 Non - owner (outside city) retail wastewater service charge. A. Wastewater Service Charge. There shall be charged to and collected from all premises outside the city served by the city wastewater system a wastewater service charge composed of a ready -to -serve charge and a volume charge based on domestic water consumption, provided that m no event shall the total wastewater service charge be less than the minimum charge indicated below. Minimum charge effective Nov 10, 2003 $19 78 /month 5 Pre- treatment NOVEMBER 2003 RATE ORDINANCE (1) Wastewater Service Charge -- Schedules. The wastewater service charge shall be calculated and charged according to the following schedules. (a) Ready -to -Serve Charge. For all customers other than multiple -unit residential customers. Charges effective Nov 10, 2003 Water Meter Bimonthly Size (Inches) Monthly charge charge 3/4 $19 78 $39.56 1 25 12 50.24 1 -1/2 32.44 64.88 2 52.22 104 44 3 197 80 395 60 4 251.80 503 60 6 377.80 755 60 8 521 40 1,042.80 10 1,042.80 2,085 60 For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the number of accounts plus the number of dwelling units, according to the following: Ready -to -serve charge effective Nov 10, 2003 ($10.29 /account) + ($9 49 /dwelling umt) (b) Volume Charge. For all customers, the volume charge shall be determined by the following: 6 Pre- treatment NOVEMBER 2003 RATE ORDINANCE Volume charge effective Nov 10, 2003 $3.53 per 100 cubic ft. of water consumption or, if metered, quantity discharged B Strong Waste Surcharge. For customers located outside the city discharging wastewater which contains more than three hundred parts per million of biochemical oxygen demand (BOD) and/or total suspended solids (TSS), there shall be a surcharge, in addition to the ready -to -serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city If the customer chooses at its expense to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in section 7 60 105 of this title. The following formula shall be utilized to calculate the strong waste SW charge Monthly surcharge = (umt costs per pound of BOD or TSS) times (weight of one gallon of water) times (customer's monthly volume in one hundred cubic feet divided by one thousand three hundred thirty- seven) times (customer's concentration of BOD or TSS in parts per million per [the national average values] or [verified concentrations] minus three hundred) In the foregoing formula, the applicable values are as follows. Effective Nov 10, 2003 Unit cost per pound for BOD $0.537 Unit cost per pound for TSS $0.522 Weight of one gallon of water 8.34 pounds Section 5. Section 7 60 030 of the Municipal Code is deleted. ! l • .. • • • The wastewater service charge provided for in this chapter shall be payable at the office of 7 Pre- treatment NOVEMBER 2003 RATE ORDINANCE Section 6. Section 7 60 035 of the Municipal Code reads as follows. 7.60.035 Septage and exceptional wastewater disposal charges. A. Septage Wastewater Disposal Charge. For septage wastewater disposed pursuant to Chapter 7 63, the following charge shall apply. Charge effective Nov 10, 2003 $0.337/gal. B Exceptional Wastewater Disposal Charge. For exceptional wastewater disposed pursuant to Chapter 7 63, the charge shall be calculated by reference to the following formula. Exceptional wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) (1) Treatment costs. Treatment costs shall be determined by reference to the following formula. Treatment costs = [(UBOD/TSS) x (WW) x (V/1,337) x (CBOD/TSS)I + [ (UV) x (V)] where: V = Volume discharged (in one hundred cubic feet), CBOD/TSS = Concentration of BOD or TSS (in parts per million), and the remaining values are as follows. Value Effective Abbreviation Meaning Nov 10, 2003 UBOD/TSS $0.537 (BOD) Unit cost per pound of BOD or TSS $0.522 (TSS) 8 Pre - treatment NOVEMBER 2003 RATE ORDINANCE WW Weight of one gallon of water 8.34 pounds UV Unit cost per one hundred cubic feet of volume $0.271 (2) Receiving Costs. Receiving costs shall be calculated by the wastewater manager and based on actual or estimated staff time, materials, and related costs incurred m connection with receiving the particular waste at issue. (3) Testing Cost. The costs of any testing are set forth in Section 7 60 105 The wastewater manager shall have final authonty over what tests shall be required for any discharge. C The amount of the disposal fee, at the rate specified in subsections A or B of this section, shall be based upon the actual quantity measured and discharged. Measurement shall be through methods and instruments as determined by the city Section 7. Section 7 60 050 of the Municipal Code reads as follows. 7.60.050 Meters required -- Penalty for violations- -Rates for metered and unmetered premises. A. Meters Required -- Penalty Commencing September 1, 1977, all premises thereafter newly connected or reconnected to the wastewater system shall have a meter, approved by the city water /imgation manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system, and it shall be unlawful for any person, firm or corporation to thereafter connect any premises so as to be served by the wastewater system without installing a meter as required by this subsection. Any person, firm or corporation who connects any premises so as to be served by the wastewater system m violation of this subsection shall upon conviction thereof be subject to a fee not exceeding two hundred fifty dollars or subject to impnsonment in the city jail facility for a term not exceeding ninety days. B Rates for Metered Premises. All premises served by either city domestic water service or by some other source of domestic water, and which have meters to measure all water supplies which are ultimately discharged into the city wastewater system shall pay wastewater 9 Pre - treatment NOVEMBER 2003 RATE ORDINANCE service charges according to the rates specified m Section 7 60 020 or 7 60 025 of this chapter, and all prenuses which have meters to measure the quantity of wastewater discharged into the wastewater system shall likewise pay wastewater service charges according to the rates specified in Section 7 60 020 or 7 60 025 of this chapter C Rates for Unmetered Premises. Premises with existing connections to the city wastewater system, but which have no meter to measure either the domestic water supplied to the prenuses or the wastewater discharged therefrom, shall be charged a wastewater service charge according to rates specified m Section 7 60 020 or 7 60 025 of this chapter m an amount determined by the wastewater manager to be the average charge for wastewater service to similar premises. Section 8. Section 7 60 055 of the Municipal Code reads as follows. 7.60.055 Each premises an individual consumer. For purposes of computing the wastewater service charge imposed by Sections 7 60 020 or 7 60 025, and Section 7 60 050 of this chapter, each one -family dwelling unit and each dwelling unit in a two - family dwelling or in a multiple dwelling, as all those terms are defined in Title 12, Zoning, of the city of Yakima Municipal Code, shall constitute one individual consumer Further, for purposes of those sections, each separate mobile home site within a mobile home court, park or other mobile home complex shall constitute one individual consumer; provided, an automobile trailer court as defined in Title 12, Zoning, of the city of Yakima Municipal Code, rather than each separate trailer site therem, shall constitute an individual consumer for purposes of those sections. Each such consumer constitutes a premises to which the minimum wastewater service rate is applicable, and there shall be no deductions for vacant premises. Section 9. Section 7 60 060 of the Municipal Code reads as follows. 7.60.060 Water not used or lost — Minimum charge not to be reduced. Where the use of water is such that a portion of all water used is lost by evaporation, irrigation, spnnkhng or other cause, or is used in manufactured goods and commodities, and the person m control provides proof of this fact and installs a meter or other measunng device approved by the city water /irrigation manager to enable measurement of the amount of water so used or lost, no charge shall be made for wastewater because of water so used or lost, except that in no case will the minimum charge be adjusted or reduced. Direct discharge of wastewater to fresh water or to points other than the city sewer system shall not be cause for adjustment or reduction of the wastewater service charge. 10 Pre- treatment NOVEMBER 2003 RATE ORDINANCE Section 10 Section 7 60 070 of the Municipal Code is amended to read as follows 7.60.070 Water used for irrigation not to be charged as wastewater. It is the intent of this chapter that the portion of water used exclusively for imgation be not charged correspondingly for wastewater Upon application, where it can be shown to the satisfaction of the city wastewater manager that the higher water consumption used.to determine charges for wastewater during the summer months are due to water used for imgation, the wastewater charge for the summer penod may be adjusted to reflect the winter months' chargcswater consumption. Section 11. Section 7 60 080 of the Municipal Code reads as follows. 7.60.080 Home Kidney Dialysis Home Kidney Dialysis. A residential customer who undergoes kidney dialysis at his or her home, or whose home is also the home of a different person who undergoes home kidney dialysis, shall not be required to pay utility charges for domestic water service or sewer service for the quantity of water that is necessary for the home dialysis. In order to be excused from utility charges under this subsection, the residential customer must present to the customer services division written documentation from a recognized kidney dialysis center certifying that the person requires dialysis and the quantity of water needed for that person's dialysis. Section 12. Section 7 60 090 of the Municipal Code reads as follows. 7.60.090 Procedure for paying wastewater service charges-- Delinquency -- Imposition of priority lien. All charges for wastewater service shall be due and payable at the office of the city treasurer on or before the fourteenth day after the bill therefore is rendered, and if unpaid shall become delinquent twenty -one days after the due date. Any wastewater service charge which becomes delmquent shall immediately become a lien upon the premises, and if unpaid for sixty days after the date payment was due, shall bear interest at the rate of eight percent per annum from the date payment was due, and such hen may be foreclosed by the city as provided by state law The hen shall be superior to all other liens and encumbrances except general taxes and local and special assessments. 11 Pre - treatment NOVEMBER 2003 RATE ORDINANCE Section 13. Section 7 60 100 of the Municipal Code is amended to read as follows. 7.60.100 Additional collection method—Water service suspension — Notice and hearing procedure. A. As an additional and concurrent method of collection of any such delinquent wastewater rate or charge, the customer service manager may suspend the water service or supply from the premises to which such charge for wastewater has attached until such rates and charges are paid. B. No water service shall be suspended until a written notice has been served upon or mailed to the customer at least seven days pnor to suspending service. Such notice shall state the date on which service is to be suspended, the amount of delinquent wastewater charges, and that a customer may request m writing a hearing before the customer service manager or his designee to contest the suspension, provided such request is received by the customer service manager or his designee before the date service is to be suspended. C Upon timely receipt of a request for hearing, the customer service manager or his designee shall conduct a hearing, and the customer requesting the hearing shall be notified m wntmg by the customer service manager or his designee of the time, date and place of such hearing. Pending the outcome of a hearing, no service shall be suspended. D When water service has been suspended for nonpayment of a wastewater charge, water service shall not be resumed until all delinquent service charges have been paid, together with an additional fifteen dollar reconnection charge. reinstatement fee as set forth in Section 7.68.025.0 of the Municipal Code E. In the event the occupant of a premises is someone other than the customer, the occupant or, in the case of a multiple dwelling, the manager or person in charge shall be notified in wasting of the date of the suspension of service and the amount of delinquency at the same time such customer is so notified. Section 14. Section 7 60 105 of the Municipal Code is hereby amended to read as follows. 7.60.105 Ffees for pretreatment program. 12 Pre- treatment NOVEMBER 2003 RATE ORDINANCE A. It is the purpose of this section to provide for the payment of rates. charges. and fees for certain discharges to the wastewater system, to compensate the city for the cost of administration of the pretreatment program established in Chapter 7 65 Connection charges for B Rates. Charges and Fees to be Published. The wastewater manager shall maintain a schedule of current rates. charges and fees, shall post such schedule conspicuously, and shall make copies available to interested persons. Upon request, the wastewater manager shall prepare an estimate of annual rates. charges and fees for a significant industrial user C Base Rate Fee for Minor Industnal Users. . - • - - - - - . - this section, per -Minor industrial users (as defined in Chapter 7 65) shall pay a base rate fee for pretreatment service as indicated below. of $68.04 /month. Significant Industrial Users (SIU's) shall not be subject to a base fatefee. ChargeFee FeeC#arte Feechafge FeeCharre effective effective effective effective Nov 4. January 1 Januan 1. Januan I. 2003 2004 2005 2006 MIU Base Rate S 68.04 $70.08 5 70.91 S 73.04 Per month -The base fees set forth in subsection C of this section are to he billed at 75% for customers located within the citv limits. Other customers will be billed at 100% of base fees. D. Annual Permit Fees for Significant Industrial Users (SIU's). Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection F of this section. significant industrial users (as defined in Chapter 7.65) shall pa) an annual permit fee. Such Permit Fee shall be in the amount established by WAC 173 -224 -040 and -050 as amended from time to time. Annual permit fees so paid shall defray City- expenses associated with permit application review. and each year's initial annual compliance inspection. Such annual permit fee shall he in addition to Fees for Services. 13 Pre - treatment NOVEMBER 2003 RATE ORDINANCE PE Charges and Fees for Related Services. Commencing OH the effective date of the signiffeafit-Significant industrial users shall pay charges and fees to defra\ costs incurred b\ the CitA in other activities associated with implementing SIU permits. including public notices. follow -up inspections. sampling. aid laboratory testing - and all post - violation fees as - .. - - •.: - - = o : ' : = = - o - described or listed below All Pretreatment customers (SIU=s and MIU's) shall also be subject to the sampling, laboratory testing, and flat rate charges and fees provided below, in addition to any base rate fee provided for m subsection C, or permit fee provided for in subsection D. but only for those services requested by the customer or provided as part of a required compliance inspection. Gl .peg °Fees for related charges services not listed in either subsection (1). (2). or (3) following. shall be as determined In the Wastewater manager based on the City s cost of providing such services. (1) Sampling GhafgeFee. The sampling feeeharge includes sampler set -up, pick- up, and statistical analysis, as well as billing program charges from the customer service manager The sampling charge - fee is based on the length of the sampling penod, pursuant to the following schedule Sampling Period Charge -Fee Charge Fee Charge Fee Charge -Fee effective effective effective effective Nov 10, 2003 January 1 January 1, January 1, 2004 2005 2006 First day $260.10 S267.90 $275.94 $284.22 Each subsequent day in the same sampling period. $ 100 71 $103 73 $106.84 $110 05 (2) Laboratory Testing Fees. A laboratory- testing fee is assessed for each type of test conducted on each sample. Fees are assessed pursuant to the following schedule. C— hargeFee Charge Fee ChafgeFee ChafgeFee Effective Effective Effective Effective Test Nov 10, January 1, January 1, Januaryl, 2003 2004 2005 2006 14 Pre- treatment NOVEMBER 2003 RATE ORDINANCE b; BOD- Biochemical Oxygen Demand 539.51 540 70 S41 92 S43 17 BOD Soluble 59.26 61.04 62.87 64.76 TSS -Total Suspended 39.51 40 70 _ 41.92 43 17 _Solids PH 19 75 20.34 20.95 21.58 BOB - Soluble 59.26 6-1-04 628-7 6476 PCOD 39.51 40.70 41.92 4317 COD Soluble 59.26 61 04 62.87 64 76 TDS 39.51 40 70 41 92 43 17 Alkalinity (Garbenate) 19 75 20.34 20.95 21.58 Ammonia (Ion Selective 19 75 20.34 20.95 21.58 Probe) Chloride (ion selective 20.34 20.95 21.58 probe) Chlorine Residual 19 75 20.34 20 95 21.58 (Colorimetric) Chlorine (Amperomtric) 20.34 20.95 21.58 Dissolved Oxygen 19 75 20.34 20.95 21.58 (Azide) Dissolved Oxygen 19 75 20.34 20.95 21.58 (Membrane) Fecal Coliform 59.26 61 04 62.87 64 76 FOG -Fats. Oils & Grease 79 01 81.38 83.82 86.34 MPN 395.06 406 91 419 12 431.69 Nitrate 39.51 40 70 41.92 43 17 Nitrite 39.51 40 70 41 92 43 17 15 Pre- treatment NOVEMBER 2003 RATE ORDINANCE OrganicNolatile Acids 19 75 20.34 20.95 2158 40.70 41.92 43.17 Sulfite (iodometric) 40.70 41.92 43.17 Total Volatile Solids 39.51 40.70 41.92 43 17 BNA (b) Market Market cost Market Market cost Semivolatiles cost (a) (a) cost (a) (a) BTEX (b) 231.83 238.78 245.95 253.33 Hardness 59.70 61.49 63.33 (AA!calculation) Metals 289 79 298.48 307 44 316.66 Metals Graphite Furnace 405 71 417.88 430.42 443.33 Pesticides/PCB's 637.54 656.67 676.37 696.66 Market Market cost Market Market cost TPH (b) cost (a) (a) cost (a) (a) Volatile Organics 231.83 238.78 245.95 253.33 Notes. (a) This testing is conducted by an outside laboratory The actual fee will be based on the actual cost of the test performed, plus any related costs and taxes incurred. (b) Glossary BNA. Base Neutral Acids (Semivolatile Organic compounds). BTEX. Benzene, Toluene, Ethylbenzene, and exvlene hydreeafbens:- TPH. Total Petroleum Hydrocarbons (includes oils, gasoline, diesel, and other fuels). (3) Other related service fees are assessed on each of certain transactions or services, pursuant to the following schedule. 16 Pre- treatment NOVEMBER 2003 RATE ORDINANCE 4 , FeeC -lea FeeCharae FeeC#�e FeeChame Transaction or Service a Effective Effective Effective Effective January 1, January 1, January 1, Nov 10, 2004 2005 2006 2003 Short Term LS $467.21 $481.23 $495.66 8510.53 Discharge Authorization (a) Compliance Inspection HR 159.39 164 17 169 10 174 17 Dye testing HR 159.39 164 17 169 10 174 17 Smoke testing HR 58.41 60 16 61.97 63.83 TV (new construction) LF 1.87 1.93 1 98 2.04 TVing (location) HR 303.69 312.80 322.18 331.85 Notes. ( a) Includes only the first 50,000 gallons of non - Strong Waste flow per year Flow above 50.000 gallons per year shall be assessed applicable volume charges. All flow shall be subject to Strong Waste charges if applicable See Chapter 7 65 (4) The fees set forth in subsection E of this section are to be billed at 75% for customers located within the city limits. Other customers vti i11 be billed at 100% of the fees set forth in subsection E. -EF Amendment of Base Rates. Charges and Fees. 1 The base rate or rates fees ( "rates" for purposes of this subsection) or permit fees set forth m subsection C and D of this section may be amended from time to time by ordinance of the city council. . • .. - - . . . reflected in the city's annual budget. The base rates set forth in subsection C of 17 Pre - treatment NOVEMBER 2003 RATE ORDINANCE Other customers will be billed at 100% of base rates. These percentages may be amended by ordinance of the city council. ?. 2. The charges and fees set forth in subsection DE of this section may be amended from time to time by ordinance of the city council upon recommendation of the wastewater manager Such amendments shall be based on changes in the costs of providing sampling, laboratory and miscellaneous wastewater pretreatment services. In determining whether there has been a change in the costs of providing service, the city council may consider the city's expenses associated with obtaining services from pnvate laboratories and other third persons, and the city's own administrative and other costs. The charges and fees set forth in subsection D of this section are to be billed at 75% for . - . - - - ! - - .. - - - . 110 -- .. council RG. Money to be Credited to Wastewater Operating Fund. All moneys collected pursuant to this part shall be paid into and credited to the wastewater operating fund as provided in Chapter 3 101 18 Pre - treatment NOVEMBER 2003 RATE ORDINANCE Section 15.- Section 7 60 115 of the Municipal Code reads as follows. 7.60.115 Sunset Clause. Effective January 1, 2024, Wastewater Rates wastewater rates, fees and charges for all retail customers shall be reduced by the percentage established by dividing $886,666 by the total gross revenue received from all retail customers during the previous fiscal year. Section 16, Section 7.60 120 of the Municipal Code reads as follows: 7.60.120 Severability. If any section, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision will not affect the validity of the remaining portions of this ordinance, which shall continue in full force and effect. Section 17,- This ordinance shall be in full force and effect (30) calendar days after its passage, approval and publication as provided by law and by the City Charter 19 Pre- treatment NOVEMBER 2003 RATE ORDINANCE PASSED BY THE CITY COUNCIL, signed and approved this 16th day of December, 2003 ' lace, Mayor ATTEST City Clerk Publication Date: 12 -19 -2003 - Effective Date: 1 -18 -2004 20 Pre- treatment NOVEMBER 2003 RATE ORDINANCE Page 1of19 Chapter 173 -224 WAC WASTEWATER DISCHARGE PERMIT FEES (Formerly chapter 173 -222 WAC) Last Update 5'30/02 WAC SECTIONS 173- 224 -015 Purpose 173-224 -020 Applicability 173 -224 -030 Definitions 173 -224 -040 Peluut fee schedule 173 -224 -050 Permit fee computation and payments 173- 224 -060 Permits issued by other governmental agencies 173- 224 -080 Transfer of ownership or control. 173- 224 -090 Small business fee reduction. 173 -224 -100 Administrative appeals to the depailuient. 173 -224 -110 Deposits 173- 224 -120 Past due payments DISPOSITIONS OF SECTIONS FORMiRLy CODIFLED IN THIS CHAPTER 173- 224 -070 Credits [Statutory Authority. Chapter 43.21A RCW 89-12 -027 and 90-07-015 (Order 89 -8.and 89 -8A), § 1 73 - 224 -070, filed 5/31/89 and 3/13/90, effective 4/13/90 ] Repealed by 96-03 -041 (Order 94 -21), filed 1/10/96, effective 2/10/96 Statutory Authority. Chapter 90 48 RCW • WAC 173- 224 -015 Purpose. The purpose of this chapter is to establish a fee system for state waste discharge and NPDES permits issued by the department pursuant to RCW 90 48 160, 90 48 162, or 90 48 260 RCW 90 48 465 authonzes the department to base fees on factors related to the complexity of permit issuance and compliance and to charge fees to fully recover, but not exceed the costs of the permit program based on expenses incurred in the issuance and comprehensive administration of state waste discharge and NPDES permits Fee amounts contained in this chapter represent the department's true estimate of fee ehgible permit program costs and reflect the department's commitment to fully recover all eligible expenses The department shall continue to examine the feasibility of adopting, when apphcable, alternative permit fee systems Any alternative fee system, such as variable permit fees, shall ensure continued full recovery of eligible program costs and may be based on pollutant loading and toxicity and may be designed to encourage recycling and reduction of the quantity of pollutants [Statutory Authority. Chapter 90 48 RCW 92 -03 -131 (Order 91 -45), § 1 73 - 224 -015, filed 1/21/92, effective 2/21/92 Statutory Authority. Chapter 43.21A RCW 89-12 -027 and 90-07-015 (Order 89 -8 and 89 -8A), § 173 - 224 -015, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224 -020 Applicability This chapter applies. to all persons holding or applying for a state waste discharge or NPDES permit issued by the department 90 48 162, 90 48 200 or 90 48.260, including persons holdng permits that remain m under WAC 173 -216 -040, 173- 220 - 180(5), or 173- 226 -050 This chapter does not apply when a wastewater discharge permit is written for a state conducted remedial action under the Model Toxics Control Act. file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173 -224 WAC 173 -224 CHAPTER Page 2 of 1 That is, ecology will not charge itself for wastewater discharge pernuts written for sites where the agency is conducting a cleanup [Statutory Authonty• Chapter 90 48 RCW 94-10 -027 (Order 93 -08), § 173 - 224 -020, filed 4/28/94, effective 5/29/94 92 03 - 131 (Order 91 -45), § 173- 224 -020, filed 1/21/92, effective 2/21/92 Statutory Authonty- Chapter 43.21A RCW 89- 12-027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173 - 224 -020, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224 -030 Definitions "Administrative expenses" means those costs associated with issuing and adnnuustenng permits under RCW 90 48 160, 90 48 162, and 90 48.260 "Aggregate production" means the mining or quarrying of sand, gravel, or rock, or the production of concrete, or asphalt or a combination thereof. "Aluminum and magnesium reduction mills" means the electrolytic reduction of alumina or magnesium salts to produce aluminum or magnesium metal. "Animal unit" means one slaughter or feeder steer and 25 swine Dairy cows are determined m the following manner Jersey breed (nonmixed) = 0 9 milking cow, 0 9 dry cow, 0 22 heifers, and 0.22 calves, other breeds =1 4 milking cow, 1 0 dry cow, 0 8 heifers, 0 5 calves "Annual peinut fee" means the fee charged by the department for annual expenses associated with activities specified in RCW 90 48 465 This annual fee is based on the state's fiscal year (July 1 - June 30) "bbls /d" means barrels per day of feedstock for petroleum refineries "bins /yr" means total standard bins used during the last complete calendar year by a facility in the crop preparing industry The bun measure approximately 47 5 inches x 47 4 inches x 29 5 inches and hold approximately 870 pounds of fruit. "Chemical pulp mill w /chlorine bleaching" means any pulp mill that uses chlonne or chlorme compounds in their bleaching process "Combined food processing waste treatment facility" means Q. facility that treats wastewater from more than one separately permitted food processor and receives no. domestic wastewater or waste from industrial sources other than food processing. "Combined industrial waste treatment" means a facility which treats wastewater from more than one industry in any of the following categones Inorganic cherxucals, metal finishing, ore concentration, organic chemicals, or photofirushers "Combined sewer overflow (CSO)" means the event during which excess combined sewage flow caused by inflow is discharged from a combined sewer, rather than conveyed to the sewage treatment plant because either the capacity of the treatment plant or the combined sewer is exceeded. "Concentrated animal feeding operation" means an "animal feeding operation" that meets the criteria in Appendix B of 40 CFR 122 as presently enacted and any subsequent modifications thereto "Contaminants of concern" means a chemical for which an effluent limit is established (this does not include pH, flow, temperature, or other "nonchemical parameters ") Petroleum constituents will be considered as one contaminant of concern even if more than one effluent limit is established (e g , Total Petroleum Hydrocarbons and BTEX) "Crane" means a machine used for the hoisting and lifting of ship hulls "Crop preparing" means the preparation of fruit for wholesale or retail sale by washing and/or other processes in which the skin of the fruit is not broken and in which the mtenor part of the fruit does not come in direct contact with the wastewater "cu. yds /yr" means the total production from an aggregate production facility in cubic yards during the most recent completed calendar year "Department" means the department of ecology "Director" means the director of the department of ecology "Domestic wastewater" means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments or other places, together with any ground file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 3 of water infiltration or surface waters that may be present. "Domestic wastewater facility" means all structures, equipment, or processes required to collet carry away, treat, reclaim or dispose-oftlomeshc wastewater together with such industrial waste as may be present. "Existing operations" means those industrial operations requiring a wastewater discharge permit before July 1, 1993 "EPA" means the United States Environmental Protection Agency "Fin fish rearing and hatching" means the raising of fin fish for fisheries enhancement or sale b} means of hatcheries, net pens, or other confined fish facilities "Flavor extraction" means the recovery of flavors or essential oils from organic products by steam distillation. "Food processing" means the preparation of food for human or animal consumption or the preparation of animal byproducts, excluding crop preparing This category includes, but is not limited to, fruit and vegetable processing, meat and poultry products processing, dairy products processing, beer production, rendering and animal feed production. Food processing wastewater treatment plants that treat wastes from only one separately permitted food processor must be treated as' one facility for billing purposes "Hazardous waste clean up sites" means any facility where there has been confirmation of a release or threatened release of a hazardous substance that requires remedial action other than RCRA corrective action sites "Ind " ustnal facility" means any facility not included in the definition of municipal /domestic facility "Industrial gross revenue" means the annual amount of the sales of goods and services produced using the processes regulated by the wastewater discharge penult. "Industrial stow.' water" means an operation required to be covered under ecology's NPDES and state waste discharge baseline general permmt for store water discharges associated with industrial activities or modifications to that permit or . having an individual wastewater permit for stolid' water only "MGD" means pemnitted flow expressed in million gallons per day "Manufacturing" means the making of goods and articles by hand or especially, by machinery into a manufactured. product. "Metal finishing" means the preparation of metal surfaces by means of electroplating, electroless plating, anodizing, coating (chromating, phosphatmg and coloring), chemical etching and milling, and pnnted circuit board manufacture "Municipal /domestic facility" means a publicly -owned facility treating domestic wastewater together with any industrial wastes that may be present, or a pnvately -owned facility treating solely domestic wastewater "Municipal gross revenue" means gross receipts from monthly, bimonthly, and/or quarterly user charges for sewer services received from all classes of customers, Included in these user charges are user charges and fees based on wastewater constituents' strengths and charactenstics including high- strength surcharges and charges based on biochemical oxygen demand, suspended solids, oil and grease, toxicants, heavy metals, and flow, etc Municipal gross revenue includes charges for receipt and treatment of septic tank wastes, holding tank wastes, chemical toilet wastes, etc Municipal gross revenue includes all amounts received from other municipalities for sewage interception, treatment, collection, or disposal. Gross revenue excludes Amounts denved by municipalities directly from taxes levied for the support or maintenance of sewer services Late charges, penalties for nontimely payment by customers, interest on late payments, and all file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \ 173 -224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 4 of 19 other penalties and fines Permit fees and compliance monitoring fees for wastewater discharge permits issued by mumcipahties with local pretreatment programs Permit fees which are charged to cover the cost of providing sewer service are not excluded from municipal gro ss revenue Receipts by a municipality of special assessments or installments thereof and interests and penalties thereon, and charges in lieu of assessments Connection charges Revenues from sales of by- products such as sludge, processed wastewater, etc "Municipality" means a city, town, county, district, association, or other public body created by or m accordance with state law and that has jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tnbal organization, or a designated and approved management agency under 33 U S C Sec 1288 State government agencies are not included in this definition. "Noncontact cooling water with additives" means water used for cooling that comes into contact with corrosives "Noncontact cooling water without additives" means water used for cooling that does not come into direct contact with any raw matenal, intermediate product, waste product or finished product, and which does not contain chemicals added by the penrittee The noncontact cooling water fee without additives category applies to those facilities which discharge only noncontact cooling water and which have no other wastewater discharges required to be permitted under RCW 90 48 160, 90 48 162, and 90 48.260 - "Nonferrous metals forming" means the manufacturing of semifinished products from pure metal or metal alloys other than iron or steel or of metals not otherwise classified m WAC 173 -224- 040(2) "Nonoperatmg aggregate site" means a location where previous mining or, processing has occurred, that has not been falfy reclaimed, that has no current mining 6r processing, and that may Include stockpiles of raw materials or finished..products The permit may add or withdraw raw materials or finished products from the stockpiles for tzansportation offsite for procbssmg, use, or sale and still be considered a nonoperatmg site This definition can be found m ecology's National Pollutant Discharge Elimination System and State Waste Discharge Permit for Process Water, Storm Water, and Mine Dewatering Water Discharges Associated with Sand and Gravel Operations, Rock Quarries and Similar Mining Facilities including Stockpiles of Mined Materials, Concrete Batch Operations and Asphalt Batch Operations "NPDES permit" means a National Pollutant Discharge Elimination System penult issued by the department under Section 402 of the federal Clean Water Act and RCW 90 48.260 "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, partnership, association, firm, individual, or any other entity whatever "Portable facility" means a facility that is designed for mobihty and is moved from site to site for short teal' operations A portable facility apphes only to an asphalt batch plant, portable concrete batch plant and portable rock crusher "RCRA" means Resource Conservation Recovery Act clean up sites required to have a wastewater discharge permit resulting from a corrective action under relevant federal authorities or under chapters 70 105 and 70 105D RCW includmg chapters 173 -303 and 173 -340 WAC, and are not subject to cost recovery "Residential equivalent" means a single- family residence or a unit of sewer service that yields an amount of gross revenue equal to the annual user charge for a single- faxruly residence In cases where the permit holder does not maintain data on gross revenue, user charges, and/or the number of single - family residences that it serves, "residential equivalent" means an influent flow of two hundred fifty gallons per day "Sewer service" means the activity of receiving sewage deposited into and carried off by a system of sewers, drains, and pipes to a common point, or points, for disposal or for transfer to treatment for file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 5 of 1 disposal, and activities involving the.mterception, transfer, storage, treatment, andior disposal of sewage, or any of these activities "State waste discharge penult" m8ans'.a permit requu=ed under RCW 98 48.260 "Stouu water" means an mdustnal operation or construction activity discharging storm.water runoff as defined in 40 CFR 122.26 (b)(14) or facilities that are permitted as a significant contributor of pollutants as allowed in the federal Clean Water Act at Section 402 2 E ) "Tons /yr " means the total production from an asphalt production facility in tons during the most recent completed calendar year "Vegetable/bulb washing" means the washing, packing, and shipping of fresh vegetables and bulbs when there is no cooking or cutting of the product before packing [Statutory Authority Chapter 90 48 RCW 02 -12 -059, § 173- 224 -030, filed 5/30/02, effective 6/30/02, 00 -02 -031 (Order 99 -03), § 173 - 224 -030, filed 12/28/99, effective 1/28/00; 98 -03 -046 (Order 97 -27), § 173- 224 -030, filed 1/15/98, effective 2/15/98, 94 -10 -027 (Order 93 -08), § 173 - 224 -030, filed 4/28/94, effective 5/29/94, 92 -03 -131 (Order 91 -45), § 173- 224 -030, filed 1/21/92, effective 2/21/92. Statutory Authonty. Chapter 43.21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173- 224 -030, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 -224 -040 Permit fee schedule. (1) Apphcation fee In addition to the annual fee, first time applicants (except those applying for coverage under a general penult) will pay a one time application fee of twenty -five percent of the annual peuint fee, or $250 00, whichever is greater An application fee will be assessed for RCRA sites regardless of whether a new permit is being issued or an existing peunit for other than the discharge resulting from the RCRA corrective action, is being modified. (2) Industrial facility categories FY 2004 FY 2003 ANNUAL INDUSTRIAL FACILITY CATEGORIES PERMIT LL PERMIT FEE AND PERMIT FEE BEYOND Aluminum Alloys $13,292 00 Aluminum and Magnesium Reduction Mills $13,729 00 a. NPDES Permit 78,385 00 80,964 00 b State Permit 39,194 00 40,483 00 AluminumFornmg 39,875 00 41,187 00 Aggregate Production - Individual Permit Coverage a. Mining Activities 1 Mining, screening, washing and/or crushing 2,287 00 2 Nonoperating aggregate site (fee per site) 2,362 00 94 00 97 00 b Asphalt Production 1 0 - < 50,000 tons /yr 953 00 2. 50,000 - < 300,000 tons /yr 984 00 2,288 00 2,363 00 3 300,000 tons /yr and greater 2,861 00 c Concrete Production 2,955 00 1 0 - < 25,000 cu. yds /yr 953 00 2 25,000 - < 200,000 cu. yds /yr 984 00 2,288 00 2,363 00 3 200,000 cu. yds /yr and greater 2,861 00 h in the aggregate 2,955 00 The fee for a facility ggregate production category is the sum of the applicable fees m the mining activities and concrete and asphalt production categones. d. Portable Operations 1 Rock Cruslung 2,287 00 2,3 62.00 file. //C \Documents and Settings\sschafer\Local Settings \Temporary Internet Fil \17";-7741-11- 5 /A /bnn z WAC 173 -224 CHAPTER Page 6 of lc 2 Asphalt 2,287 00 2,362 00 3 Concrete 2,287 00 2,362 00 Aggregate Production - General Permit Coverage a. Mining Activities 1 Mining, screening, washing and/or crushing 1,600 00 1,653 00 2 Nonoperating aggregate site (fee per site) 67 00 69 00 b Asphalt Production 1 0 - < 50,000 tons /yr 668 00 690 00 2 50,000 - <300,000 tons /yr 1,601 00 1,654 00 3 300,000 tons /yr and greater 2,001 00 2,067 00 c Concrete Production 1 0 - < 25,000 cu. yds /yr 668 00 690 00 2 25,000 - < 200,000 cu. yds /yr 1,601 00 1,654 00 3 200,000 cu. yds /yr and greater 2,001 00 2,067 00 The fee for a facility in the aggregate production category is the sum of the applicable fees m the rmnmg activities and concrete and asphalt production categories d. Portable Operations 1 Rock Crushing 1,601 00 1,654 00 2 Asphalt 1,601 00 1,654 00 3 Concrete 1,601 00 1,654 00 Aquaculture a. Finfish hatching and rearing - Individual Permit 3,987 00 4,118 00 b Finfish hatching and rearing - General Permit Coverage 2,793 00 2,885 00 c Shellfish hatching 138 00 142.00 Aquatic Pest Control a. Irrigation Distracts 300 00 310 00 b Mosquito Control Districts 300 00 310 00 c Noxious 300 00 310 00 d. Nuisance Weed Control Only 300 00 310 00 e Oyster Growers 300 00 310 00 f. Rotenone Control 300 00 310 00 Boat Yards - Individual Permit Coverage a. With storm water only discharge 340 00 351 00 b All others 681 00 704 00 Boat Yards - General Permit Coverage a. With storm water only discharge 237 00 245 00 b All others 478 00 494 00 Coal Mining and Preparation a. < 200,000 tons per year 5,314 00 5,489 00 b 200,000 - < 500,000 tons per year 11,964 00 12,357 00 c. 500,000 - < 1,000,000 tons per year 21,266 00 21,966 00 d. 1,000,000 tons per year and greater 39,875 00 41,187 00 Combined Industrial Waste Treatment a. < 10,000 gpd 2,658 00 2,746 00 b 10,000 - < 50,000 gpd 6,644 00 6,863 00 c. 50,000 - < 100,000 gpd 13,292.00 13,729 00 d. 100,000 - < 500,000 gpd 26,584 00 27,458 00 file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER P age -- o_ 1 e 500,000 gpd and greater 39,875 00 41 187 00 Combined Food Processing Waste Treatment Facilities 12,725 00 13,144 00 Combined Sewer Overflow System a. < 50 acres 2,658 00 2,746 00 b 50 - < 100 acres 6,644 00 6,863 00 c 100 - < 500 acres 7,978 00 8,240 00 d. 500 acres and greater 10,634 00 10,983 00 Commercial Laundry 340 00 351 00 Concentrated Animal Feeding Operation a. < 200 Animal Units 137 00 141 00 b 200 - < 400 Animal Units 340 00 351 00 c 400 - < 600 Anunal Units 681 00 704 00 d. 600 - < 800 Animal Units 1,022 00 1,055 00 e 800 Animal Units and greater 1,363 00 1,408 00 Crop Preparing - Individual Permit Coverage a. 0 - <1,000 bins /yr 265 00 274 00 b 1,000 - <5,000 bins /yr 531 00 549 00 c 5,000 - < 10,000 bins /yr 1,063 00 1,098 00 d. 10,000 - < 15,000 bins /yr 2,128 00 2,198 00 e 15,000 - <20,000 buns /yr 3,521 00 3,636 00 f. 20,000 - < 25,000 bins /yr 4,917 00 5,079 00 g 25,000 - <50,000 bins /yr 6,579 00 6,795 00 h. 50,000 - <75,000 bins /yr 7,310 00 7,551 00 1. 75,000 - < 100,000 bins /yr 8,506 00 8,786 00 J 100,000 --< 125,000 bins /yr 10,634 00 10,983 00 • k. 125,000 - < 150,000 bms /yr 13,292 00 13,729 00 1. 150,000 bins /yr and greater 15,950 00 16,475 00 Crop Preparing - General Permit Coverage a. 0 - < 1,000 bins /yr 185 00 191 00 b 1,000 - < 5,000.bins /yr 372 00 384 00 c 5,000 - < 10,000 bins /yr 745 00 770 00 d. 10,000 - < 15,000 bins /yr 1,489 00 1,538 00 e. 15,000 - < 20,000 bins /yr 2,465 00 2,546 00 f. 20,000 - < 25,000 bms /yr 3,442 00 3,556 00 g 25,000 - <50,000 buns /yr 4,605 00 4,756 00 --- h. 50,000 - <75,000 bins /yr 5,117 00 5,285 00 r. 75,000 - < 100,000 bins /yr 5,954 00 6,145 00 j 100,000 - < 125,000 bins /yr 7,444 00 7,689 00 k. 125,000 -,< 150,000 bins /yr 9,305 00 9,611 00 1. 150,000 bins /yr and greater 11,165 00 11,532 00 Dairies $ 50 per Animal Unit not to exceed $954 00 for FY 2003 and $985 00 for FY 2004 and beyond Facilities Not Otherwise Classified - Individual Permit Coverage a. < 1,000 gpd 1,329 00 1,373 00 b 1,000 - < 10,000 gpd 2,658 00 2,746.00 c 10,000 - < 50,000 gpd 6,645 00 6,864 00 d. 50,000 - < 100,000 gpd 10,634 00 10,983 00 e 100,000 - < 500,000 gpd 21,160 00 21,857 00 file. //C \Docurnents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 - WAC 173 -224 CHAPTER Page 8 of 19 f 500,000 - < 1,000,000 gpd 26,583 00 27,457 00 g 1,000,000 gpd and greater 39,875 00 41,187 00 Facilities Not Otherwise Classified - General Permit Coverage a. < 1,000 gpd 932.00 963 00 b 1,000 - <10,000 gpd 1,860 00 1,992 00 c 10,000 - < 50,000 gpd 4,653 00 4,806 00 d. 50,000 - < 100,000 gpd 7,444 00 7,689 00 e 100,000 - <500,000 gpd 14,885 00 15,375 00 f 500,000 - < 1,000,000 gpd 18,607 00 19,219 00 g 1,000,000 gpd and greater 27,913 00 28,831 00 Flavor Extraction a. Steam Distillation 137 00 141 00 Food Processing a. < 1,000 gpd 1,328 00 1,372 00 b 1,000 - < 10,000 gpd 3,388 00 3,499 00 c 10,000 - < 50,000 gpd 6,048 00 6,247 00 d. 50,000 - < 100,000 gpd 9,503 00 9,816 00 e. 100,000 - < 250,000 gpd 13,292.00 13,729 00 f. 250,000 - < 500,000 gpd 17,479 00 18,055 00 g. 500,000 - < 750,000 gpd 21,930 00 22,652.00 h. 750,000 - < 1,000,000 gpd 26,583 00 27,457 00 1. 1,000,000 - < 2,500,000 gpd 32,750 00 33,827 00 j 2,500,000 - < 5,000,000 gpd 36,551 00 37,754 00 k. 5,000,000 gpd and greater 39,875 00 41,187 00 Fuel and Chemical Storage a. <50,000 bbls 1,329 00 1,373 00 b 50,000 - < 100,000 bbls 2,658 00 2,746 00 c. 100,000 - < 500,000 bbls 6,644 00 6,863 00 d. 500,000 bbls and greater 13,292 00 13,729 00 Hazardous Waste Clean Up Sites a. Leaking Underground Storage Tanks (LUST) 1 State Pernut 3,487 00 3,601 00 2. NPDES Permit Issued pre 7/1/94 3,487 00 3,601 00 3 NPDES Permit Issued post 7/1/94 6,972 00 7,202.00 b Non -LUST Sites 1 1 or 2 Contaminants of concern 6,817 00 7,041 00 2. > 2 Contaminants of concern 13,632 00 14,081 00 Ink Formulation and Printing a. Commercial Print Shops 2,044 00 2,112.00 b Newspapers 3,409 00 3,521 00 c Box Plants 5,453 00 5,632.00 d. Ink Formulation 6,817 00 7,041 00 Inorganic Chemicals Manufacturing a. Lime Products 6,644 00 6,863 00 b Fertilizer 8,000 00 8,263 00 c. Peroxide 10,634 00 10,983 00 d. Alkaline Earth Salts 13,292 00 13,729 00 e. Metal Salts 18,606 00 19,218 00 file. //C \Documents and S ettings\sschafer\Lo cal Settings \Temporary Internet Fi1. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Paae 9 of 19 f. Acid Manufacturing 26,583 00 27,452 00 g Chlor- alkali 53,167 00 54,916 00 Iron and Steel a. Foundnes 13,292 00 13,729 00 b Mills 26,606 00 27,482 00 Metal Fmrshing a. < 1,000 gpd 1,593 00 1,646 00 b 1,000 - < 10,000 gpd 2,657 00 2 745 00 c. 10,000 - < 50,000 gpd 6,643 00 6,862 00 d. 50,000 - < 100,000 gpd 13,291 00 13,728 00 e 100,000 - < 500,000 gpd 26,581 00 27,456 00 f 500,000 gpd and greater 39,873 00 41,185 00 Noncontact Cooling Water With Additives - Individual Permit Coverage a. < 1,000 gpd 832.00 859 00 b 1,000 - < 10,000 gpd 1,161 00 1,199 00 c 10,000 - < 50,000 gpd 2,494 00 2,576 00 d. 50,000 - < 100,000 gpd 5,817 00 6,008 00 e. 100,000 - < 500,000 gpd 9,968 00 10,295 00 f. 500,000 - < 1,000,000 gpd 14,124 00 14,589 00 g. 1,000,000 - < 2,500,000 gpd 18,278 00 18,879 00 h. 2,500,000 - < 5,000,000 gpd 22,427 00 23,165 00 1. 5,000,000 gpd and greater 26,583 00 27,457 00 Noncontact Cooling Water With Additives - General Perrmt Coverage a. < 1,000 gpd 583 00_� 602.00 b 1,000 - < 10,000 gpd 1,1.63 00 1,201 00 c 10,000 - < 50,000 gpcl 1,745 00 1,803 00 d. 50,000 - < 100,000 gpd 4 00 4,207 00 e 100,000 - < 500,000 gpd 6,977 00 7,207 00 f. 500,000 - < 1,000,000 gpd 9,887 00 10,213 00 g. 1,000,000 - <2,500,000 gpd 12,794 00 13,215 00 h. 2,500 000 - < 5,000,000 gpd 15,699 00 16,216 00 1. 5,000,000 gpd and greater 18,607 00 19,219 00 Noncontact Cooling Water Without Additives - Individual Permit Coverage a. < 1,000 gpd 666 00 688 00 b 1,000 - < 10,000 gpd 1,329 00 1,373 00 c. 10,000 - < 50,000 gpd 1,995 00 2,061 00 d. 50,000 - < 100,000 gpd 4,635 00 4,806 00 e 100,000 - <500,000 gpd 7,978 00 8,240 00 f. 500,000 - < 1,000,000 gpd 11,297 00 11,668 00 g 1,000,000 - < 2,500,000 gpd 14,621 00 15,102.00 h. 2,500,000 - < 5,000,000 gpd 17,943 00 18,533 00 1. 5,000,000 gpd and greater 21,266 00 21,966 00 Noncontact Cooling Water Without Addrhves - General Pemit Coverage a. < 1,000 gpd 466 00 481 00 b 1,000 - < 10,000 gpd 932.00 963 00 c. 10,000 - < 50,000 gpd 1,396 00 1,442.00 d. 50,000 - < 100,000 gpd 3,256 00 3,364 00 file. //C \Documents and Settings \sschafer \Local Settmes \TemnnTry Ili t PTnet P11 \1 71_) ')i1. 1,+ c/4ionnl WAC 173 -224 CHAPTER Page 10 of 19 e. 100,000 - < 500,000 gpd 5,583 00 5,766 00 f 500,000 - < 1,000,000 gpd 7,909 00 8,169 00 g 1,000,000 - < 2,500,000 gpd 10,235 00 10,572 00 h. 2,500,000 - < 5,000,000 gpd 12,561 00 12,974 00 i. 5,000,000 gpd and greater 14,885 00 15,375 00 Nonferrous Metals Forming 13,292 00 13,729 00 Ore Mining a. Ore Mimng 2,658 00 2,746 00 b Ore mining with physical concentration processes 5,315 00 5,490 00 c Ore =rung with physical and chemical concentration processes 21,266 00 21,966 00 Organic Chemicals Manufacturing a. Fertilizer 13,292 00 13,729 00 b Aliphatic 26,583 00 27,457 00 c. Aromatic 39,875 00 41,187 00 Petroleum Refining a. < 10,000 bbls /d 26,582.00 27,457 00 b 10,000 - < 50,000 bbls /d 52,705 00 54,439 00 c. 50,000 bbls /d and greater 106,337 00 109,836 00 Photofirushers a. < 1,000 gpd 1,063 00 1,098 00 b 1,000 gpd and greater 2,658 00 2,746 00 Power and/or Steam Plants a, Steam Generation - Nonelectric 5,314 00 5,489 00 b Hydroelectric 5,314 00. 5,489 00 c. Nonfossil Fuel 7,977 00 - 8,239 00 d. Fossil Fuel 21,2156 0Q-, 21,966 00 Pulp, Paper and Paper Board a. Fiber Recyclers 13,291 00 13,728 00 b. Paper Mills 26,583 00 27,457 00 c. Groundwood Pulp Mills 1 <300 tons per day 39,875 00 41,187 00 2 > 300 tons per day 79,750 00 82,373 00 d. Chemical Pulp Mills w/o Chlorine Bleaching 106,331 00 109,829 00 e. Chemical Pulp Mills w /Chlonne Bleaching 119,622 00 123,557 00 Radioactive Effluents and Discharges (RED) a. <3 waste streams 25,730 00 26,557 00 b 3 - < 8 waste streams 44,657 00 46,126 00 c. 8 waste streams and greater 73,552.00 75,972.00 RCRA Corrective Action Sites 18,682 00 19,297 00 Seafood Processing a. < 1,000 gpd 1,329 00 1,373 00 b 1,000 - < 10,000 gpd 3,388 00 3,499 00 c. 10,000 - < 50,000 gpd 6,048 00 6,247 00 d. 50,000 - < 100,000 gpd 9,503 00 9,816 00 e. 100,000 gpd and greater 13,292.00 13,729 00 file: //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 - 224 CHAPTER Page 11 of 10 Shipyards a. Per crane, travel hft, small boat lift 2,658 00 2,746 00 b Per drydock under 250 ft m length 2,658 00 2,746 00 c. Per graving dock 2,658 00 2,746 00 d. Per marine way 3,987 00 4,118 00 e Per sycrohft 3,987 00 4,118 00 f. Per drydock over 250 ft in length 5,315 00 5,490 00 The fee for a facility m the shipyard category is the sum of the fees for the applicable units m the facihty Solid Waste Sites (nonstoiiu water) a. Nonputrescible 5,315 00 5,490 00 b < 50 acres 10,633 00 10,982 00 c 50 - < 100 acres 21,266 00 21,966 00 d. 100 - < 250 acres 26,583 00 27,457 00 e 250 acres and greater 39,875 00 41,187 00 Storm Water (Unless specifically categorized elsewhere.) a. Individual Industrial Permits 1 < 50 acres 2,658 00 2,746 00 2 50 - < 100 acres 5,315 00 5,490 00 3 100 - < 500 acres 7,977 00 8,239 00 4 500 acres and greater 10,634 00 10,983 00 b Facilities covered under the Industrial Stoiiii Water General Permit 353 00 364 00 c Construction activities covered under the Industrial Storm Water 353 00 364 00 General Permit Textile Mills •_ 53,167 00 ' ° 54 ;916 00 Timber Products a. Log Storage 2,658 00 2,74.6 00 b Veneer 5,315 00 5,490 00 c Sawmills 10,634 00 10,983 00 d. Hardwood, Plywood 18,606 00 19,218 00 e Wood Preserving 25,526 00 26,366 00 Vegetable/Bulb Washing Facilities a. < 1,000 gpd 87 00 90 00 b 1,000 - < 5,000 gpd 177 00 183 00 c 5,000 - < 10,000 gpd 349 00 361 00 d. 10,000 - < 20,000 gpd 705 00 728 00 e 20,000 and greater 1,166 00 1,204 00 Vehicle Maintenance and Freight Transfer a. < 0.5 acre 2,658 00 2,746 00 b 0.5 - < 1 0 acre 5,315 00 5,490 00 c 1 0 acre and greater 7,977 00 8,239 00 Water Plants - Ind.ividual Permit Coverage 3,324 00 3,434 00 Water Plants - General Permit Coverage 2,326 00 2,403 00 Winenes a. < 500 gpd 271 00 280 00 b 500 - < 750 gpd 544 00 562.00 c. 750 - < 1,000 gpd 1,089 00 1,124 00 d. 1,000 - <2,500 gpd 2,174 00 2,246 00 file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 12 of 1c e 2,500 - <5,000 gpd 3,469 00 3,583 00 f. 5,000 gpd and greater 4,761 00 4,918 00 (a) Facilities other than those m the aggregate production, crop preparing, shipyard, or RCRA categones that operate within several fee categories or subcategories, shall be charged from that category or subcategory with the highest fee (b) The total annual permit fee for a water treatment plant that pnmanly serves residential customers may not exceed three dollars per residential equivalent. The number of residential equivalents is determined by dividing the facility's annual gross revenue in the previous calendar year by the annual user charge for a single family residence that uses nme hundred cubic feet of water per month. (c) Crop preparation and aggregate production permit holders are required to submit infoiniation to the department certifying annual production (calendar year) or unit processes When required, the department will send the information foini to the permit holder The permit holder shall complete and return the information form to the department by the required due date Failure to provide this information will result in a fee determination based on the highest subcategory the facility has received pea coverage m. (i) Information submitted shall bear a certification of correctness and be signed. (A) In the case of a corporation, by an authonzed corporate officer; (B) In the case of a limited partnership, by an authorized general partner; (C) In the case of a general partnership, by an authorized partner; or (D) In the case of a sole proprietorship, by the propnetor (n) The department may venfy information submitted and, if it determines that false or inaccurate statements have been made, it may, m addition to taking other actions provided by law, revise both current and previously granted fee determmations (d) Fees for crop preparers discharging only noncontact cooling water without additives shall pay the lesser of the applicable fee in the crop prepanng or noncontact cooling water without additives categones (e) Where no clear industrial facility category exists for placement of a permit holder, the department may elect to place the permit holder in a category with dischargers or permit holders that contain or use similar properties or processes and/or a category which contains similar permitting complexities to the department. (f) Hazardous waste clean up sites and EPA authorized RCRA corrective action sites with whom the depaitaient has begun cost recovery through chapter 70 105D RCW shall not pay a permit fee under chapter 173 -224 WAC until such time as the cost recovery under chapter 70 105D RCW ceases (g) Any penult holder, with the exception of nonoperating aggregate operations or a permitted portable facility, who has not been in continuous operation within a consecutive eighteen -month penod or who commits to not being m operation for a consecutive eighteen -month period or longer can have their permit fee reduced to twenty -five percent of the fee that they would be otherwise assessed. This nonoperating mode must be venfied by the appropnate ecology staff. Once operations resume, the permit fee will be returned to the full amount. Facilities who commit to the minimum eighteen -month nonoperating mode but go back into operation during the same eighteen -month penod will be assessed permit fees as if they were active during the entire penod. (h) Facilities with subcategones based on gallons per day (gpd) shall have their annual permit fee determined by using the maximum daily flow or maximum monthly average permitted flow in gallons per day as specified m the waste discharge permit, whichever is greater (i) RCRA corrective action sites requiring a waste discharge permit will be assessed a separate file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 i l WAC 173 -224 CHAPTER Page 13 of 1:_c permit fee regardless of whether the discharge is authonzed by a separate peuuit orb) a modificanon_ to an existing permit for a discharge other than that resulting from the corrective action (3) MUNICIPAL/DOMESTIC FACILI'T'IES (a) The annual penult fee for a permit held by a municipality for a domestic wastewater faciht\ issued under RCW 90 48 162 or 90 48.260 is determined as follows FY 2004 FY 2003 Annual Residential Equivalents Annual Permit Fee and (i) (RE) Permit Fee Beyond <250,000 51.63 51.68 > 250,000 .99 1.02 (1i) Municipal storm water penult annual fee for only those entities listed below will be FY 2004 Annual FY 2003 Permit Fee and Name of Entity Annual Permit Fee Beyond King County 530,276.00 531,272.00 Snohomish County 30,276.00 31,272.00 Pierce County 30,276.00 31,272.00 Tacoma, City of 30,276.00 31,272.00 Seattle, City of 30,276.00 31,272.00 Department of 30,276.00 31,272.00 Transportation Clark County 30,276.00 31,272.00 Facilities listed in (a)(u) of this subsection shall pay an annual fee for fiscal year 2000 and fiscal year 2001 regardless of the permit issuance date or the number of municipal Stour water permits under which they are covered. (b) The annual permit fee 1lnder RCW 90 48 162 or 90 48.260 that is held by a municipality which (i) Holds more than one peimit for domestic wastewater facilities, and (ii) Treats each domestic wastewater facihty as a separate accounting entity, is determined as in (a) of this subsection. A. separate accounting entity is one that maintains separate funds or accounts for each domestic wastewater facility Revenues are received from the users to pay for the costs of operating that facility (c) The sum of the annual permit fees for peimrts held by a municipality that (i) Holds more than one permit for domestic wastewater facilities issued under RCW 90 48 162 or 90 48.260, and (ii) Does not treat each domestic wastewater facihty as a separate accounting entity, as described in (b). of this subsection, is detem as in (a) of this subsection. (d) The permit fee for a privately -owned domestic wastewater facihty that pnmarily serves residential customers is determined as in (a) of this subsection. Residential customers are those whose lot, parcel or real estate, or building is primarily used for domestic dwelling purposes (e) The annual permit fee for pnvately owned domestic wastewater facilities must be determined by using the maximum daily flow or maximum monthly average pen uiitted flow m inilhon gallons per day, wluchever is greater, as specified m the waste discharge permit. Permit fees for pnvately- owned domestic wastewater facilities that do not serve primarily residential customers and for state - owned domestic wastewater facilities are the following' file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 1-4 of 19 FY 2003 FY 2004 Annual Annual Permit Permit Fee and Permitted Flows Fee Beyond 1 MGD and Greater 56,644 00 S6,863 00 .05 MGD to < 1 MGD 2,658.00 2,746.00 .0008 MGD to <.05 MGD 1,329 00 1,373.00 < .0008 MGD 400.00 413 00 (f) The number of residential equivalents is calculated in the following manner (i) If the facility serves only single - family residences, the number of residential equivalents is the number of single- family residences that it served on January 1 of the previous calendar year (ii) If the facility serves both single- family residences and other classes of customers, the number of residential equivalents is calculated m the following manner (A) Calculation of the number of residential equivalents that the facility serves in its own service area. Subtract from the previous calendar year's gross revenue (I) Any amounts received. from .other municipalities for sewage interception, treatment, collection, or disposal, and (II) Any user charges received from customers for whom the pennit holder pays amounts to other municipalities for sewage treatment or disposal services Divide the resulting figure by the annual user charge for a single - family residence (B) Calculation of the number of residential equivalents that the facility serves in other municipalities which pay amounts to the facility for sewage interception, treatment, collection, or disposal (1) Divide any amounts received from other mumcipahties during the previous calendar year by the annual user charge for a single - family residence In this case 'annual user charge for a single - family residence" means the annual user charge that the facility charges other municipalities for sewage interception, treatment, collection, or disposal services for a single- family residence. If the facility charges different municipalities different single - family residential user 'ees, then the charge used in these calculations must be that which applies to the largest number of single - family residential customers Alternatively, if the facility charges different municipalities different single - family residential user fees, the permit holder may divide the amount received from each municipality by the annual user charge that it charges that municipality for a single - family residence and sum the resulting figures (II) If the facility does not charge the other municipality on the basis of a fee per single- family residence, the number of residential equivalents in the other mumcipahty is calculated by dividing its previous calendar year's gross revenue by its annual user fee for a single - family residence If the other municipality does not maintain data on its gross revenue, user fees, and/or the number of single - family residences that it serves, the number of residential equivalents is calculated as in (f)(iv) of this subsection. (III) If the other municipality serves only single - family residences, the number of residential equivalents may be calculated as in (f)(i) of this subsection. The sum of the resulting figures is the number of residential equivalents that the facility serves m other municipalities (C) The number of residential equivalents is the sum of the number of residential equivalents calculated in (f)(ii)(A) and (B) of this subsection (iu) The annual user fee for a single - family residence is calculated by either of the following methods, at the choice of the permit holder (A) The annual user fee for a single- family residence using nine hundred cubic feet of water per month. If users are billed monthly, this is calculated by multiplying by twelve the monthly user fee for a single - family residence using nine hundred cubic feet of water per month. If users are billed bumonthly, the annual user fee is calculated by multiplymg by six the bimonthly user fee for a single - file.//C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Pa 1, of ; family residence using one thousand eight hundred cubic feet of water per two -month period If the user fee for a single- family residence vanes, depending on age, income, location, etc then the fee used in these calculations must be that which apphes to the largest number of single - family residential customers (B) The average annual user fee for a single- family residence This average is calculated by dividing the previous calendar year's gross revenue from provision of sewer services to single- faznil\ residences by the number of single- family residences served on January 1 of the previous calendar year If the user fee for a single - family residence vanes, depending on age, income, location, etc then the gross revenue and number of single- family residences used in making this calculation must be those for all the single- family residential customers In either case, (f)(iii)(A) or (B) of this subsection, the permit holder must provide the department with a copy of its complete sewer rate schedule for all classes of customers (iv) If a permit holder does not maintain data on its gross revenue, user fees, and/or the number of single - family residences that it serves, and therefore cannot use the methods described in (f)(i) or (n) of this subsection to calculate the number of residential equivalents that it serves, then the number oz residential equivalents that it serves is calculated by dividing the average daily influent flow to its facility for the previous calendar year by two hundred fifty gallons This .average is calculated by summing all the daily flow measurements taken during the previous calendar year and then dividing the resulting sum by the number of days on which flow was measured. Data for this calculation must be taken from the peanut holder's discharge momtonng reports Permit holders using this means of calculating the number of their residential equivalents must submit with their application a complete set of copies of their discharge morutonng reports for the previous calendar year (g) Fee calculation procedures for holders of penults for domestic wastewater facilities (i) Municipalities holding permits for domestic wastewater facilities issued under RCW 90 48 162 and 90 48 260, and holders of perm is for pnvately -owned domestic wastewater - facilities that pnmanly serve residential customers must complete a form certifying the number of residential equivalents served by their domestic wastewater system. The form must be completed and zvetiumed to the department within thirty days after it is mailed to the penirnt holder by the department Failure to return the form could result in permit termination. (ii) The form shall bear a certification of correctness and be signed. (A) In the case of a corporation, by an authorized corporate officer; (B) In the case of a limited partnership, by an authonzed partner; (C) In the case of a general partnership, by an authonzed partner; (D) In the case of a sole propnetorshrp, by the propnetor; or (E) In the case of a municipal or other public facility, by either a ranking elected official or a pnncipal executive officer (ru) The department may venfy the information contained in the forru and, if rt determines that the permit holder has made false statements, may, m addition. to taking other actions provided by law, revise both current and previously granted fee deterrrrrnatrons [Statutory Authority Chapter 90 48 RCW 02 -12 -059, § 173 - 224 -040, filed 5/30/02, effective 6/30/02, 00 -13 -010 (Order 00 -06), § 173- 224 -040, filed 6/9/00, effective 7/10/00, 00 -02 -031 (Order 99 -03), § 173 - 224 -040, filed 12/28/99, effective 1/28/00; 98 -03 -046 (Order 97 -27), § 173- 224 -040, filed 1/15/98, effective 2/15/98, 96 -03 -041 (Order 94 -21), § 173 -224- 040, filed 1/10/96, effective 2/10/96, 94 -10 -027 (Order 93 -08), § 173 - 224 -040, filed 4/28/94, effective 5/29/94, 92 -03- 131 (Order 91 -45), § 173- 224 -040, filed 1/21/92, effective 2/21/92 Statutory Authority Chapter 43 21A RCW 89-12- 027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173- 224 -040, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173- 224 -050 Permit fee computation and payments (1) The department shall charge permit fees based on the permit fee schedule contained m WAC 173 -224 -040 The department may charge fees at the begrnnmg of the year to which they apply The department shall notify permit file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Frl. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 16 of 19 holders of fee charges by mailing billing statements Permit fees must be received by the department within forty -five days after the department mails a billing statement. The department may elect to bill permit holders a prorated portion of the annual fee on a monthly, quarterly, or other penodic basis (2) Permit fee computation for individual permits Computation of permit fees shall begin on the first day of each fiscal year In the case of facilities or activities not previously covered by permits, fee computation begins on the issuance date of the permit excluding permits issued for aquatic pest control Permits issued for aquatic pest control fee category shall pay the full annual fee assessment regardless of when penult coverage is granted. In the case of applicants for state waste discharge permits who are deemed to have a temporary permit under RCW 90 48 200, computation shall begin on the sixty -first day after the department accepts a completed application. In the case of NPDES permit holders who submit a new, updated permit application containing information that could change their assigned permit fee, computation and permit fee category reassignment begins upon acceptance of the application by the department. Any facihty that obtains peinnt coverage but fails to operate will still be obligated to pay the annual pei,.iiit fee assessment until the permit has been terminated by the department. Permits terminated during the fiscal year will have their fees prorated, excluding peiniits issued for aquatic pest control, as follows unless it results in an annual fee assessment of less than one hundred dollars Aquatic pest control permits issued during the fiscal year shall pay the full annual fee assessment regardless of when the permit termination is granted. Ecology will not process refunds of one hundred dollars or less (a) Peuuit coverage for up to three months will pay twenty -five percent of the annual permit fee, (b) Permit coverage for three to six months will pay fifty percent of the annual peunnt fee, (c) Peiniit coverage for six to nine months will pay seventy -five percent of the annual permit fee, and (d) Permit coverage for nine months or greater will pay one hundred percent of tb,e annual permit fee (3) Permit fee computation for general Computation of fees for permitfett covered under --a general permit, excluding those general permits issued for aquatic pest control, begins on the pen/ill: coverage date Penmts issued for aquatic pest control will pay the full annual fee assessment regardless of when the permit coverage begins Any facility that obtains permit coverage is obligated to pay the annual penult fee regardless of whether or not the facihty has ever operated until the permit has been terminated by the department. Permits teinunated during the fiscal year excluding permits issued for aquatic pest control will have their fees prorated as described in subsection (2)(a), (b), (c), (d) of this section unless it results in an annual fee assessment of less than one hundred dollars Aquatic pest control permits issued during the fiscal year shall pay the annual fee assessment for that fiscal year regardless of when the permit termination is granted. Ecology will not process refunds of one hundred dollars or less (4) Pellniit fees for sand and gravel (aggregate) general permit holders will be assessed as in subsection (3) of this section and. (a) Nonoperatrng aggregate sites A facility conducting mining, screenmg, washing and/or crushing activities excluding portable rock crushing operations is considered nonoperating for fee purposes if they are conducting these activities for less than ninety cumulative days during a calendar year A facility producing no asphalt and/or concrete dunng the calendar year is also considered nonoperating for fee purposes. (b) Nonoperating sites that become active for only concrete and/or asphalt production will be assessed a prorated fee for the actual time•inactive For the actual time a concrete and/or asphalt facihty is active excluding asphalt portable batch plants and concrete portable batch plants, fees will be based 011 total production of concrete and/or asphalt. (c) Fees for contmuously active sites that produce concrete and/or asphalt excluding asphalt portable batch plants and concrete portable batch plants, will be based on the average of the three previous calendar years production totals Existing facilities must provide the department with the file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 1 o: 1 a production totals for concrete and/or asphalt produced during the previous three calendar years or for the number of full calendar years of operation if less than three New facilities with no historical asphalt and/or concrete production datawill have their first year fee based on the production le\ -els reported on the apphcation for coverage under the National Pollutant Discharge Elimination System and State Waste Discharge Permit for Process Water, Stout' Water, and Mine Dewatenng Water Discharges Associated with Sand and Gravel Operations, Rock Quames and Similar Mining Facilities including Stockpiles of Mined Matenals, Concrete Batch Operations and Asphalt Batch Operations general peituit The second year fee will be deteiiiiined based on the actual production dunng the first year and estimated production for the second year The third year fee will be determined based on the average of actual production for the first two years and estimated for the third year Fee calculation for subsequent years will be based on the average production values of previous years (d) Asphalt portable batch plants, concrete portable batch plants and portable rock crushing operations will be assessed fees as in subsection (3) of this section. Each permitted operation must commit to being shut down for a minimum of twelve calendar months before the status can be changed to nonoperating (5) Fees for crop preparation general permit holders will be assessed as in subsection (3) of this section and will be computed on the three previous calendar years production totals Existing facilities must provide the department with the production totals in the manner described in WAC 173- 224 -040 (2)(d) New facilities with no histoncal production data will have their first year fee based on the estimated production level for that year The second year fee will be determined based on the actual production dunng the first year and estimated production for the second year The third year fee will be determined based on the average of actual production for the first two years and estimated for the third year Fee calculation for subsequent years will be based on the average production values of previous years (6) Facilities witri construction and industrial storm water general perniit coverage will have their annual permit fees begin on the permit issuance date Peiinit fee accrual will continue until the penult has been teinnnated by the department regardless if the activity covered under the permit has already ceased. (7) Facilities with an existing NPDES and/or state wastewater discharge perrnit who also have obtained industrial and/or construction stoun water general permit coverage shall only pay an annual fee based on the permit with the highest permit fee category assessment. (8) Computation of fees shall end on the last day of the state's fiscal year, or in the case of a terminated permit, dunng the quarter the termination took place (9) The applicable permit fee shall be paid by check or money order payable to the "Department of Ecology" and mailed to the Wastewater Discharge Permit Fee Program, P 0 Box 5128, Lacey, Washington 98509 -5128 (10) In the event a check is returned due to insufficient funds, the depai (Anent shall consider the permit fee to be unpaid. (11) Delinquent .accounts. Permit holders are considered delinquent in the payment of fees if the fees are not received by the first mvoice billing due date Delinquent accounts will be processed in the following manner (a) Municipal and government entities shall be notified by certified mail that they have forty -five days to bring the delinquent account up -to -date Accounts that remain delinquent after forty -five days may receive a permit revocation letter for nonpayment of fees (b) Nonmutucipal or nongovernment peiiuit holders shall be notified by the department by certified mail that they have forty -five days to bring the delinquent account up -to -date. Accounts that remain delinquent after forty -five days will be turned over for collection. In addition, a surcharge totahng twenty percent of the delinquent amount owed will also be added. The surcharge is to recover the costs for collection. If the collection agency fails to recover the delinquent fees after twelve file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER Page 1S of 1 months, the permit holder may receive a permit revocation letter for nonpayment of fees [Statutory Authonty Chapter 90 48 RCW 02 -12 -059, § 173 - 224 -050, filed 5/30/02, effective 6/30/02, 00 -02 -031 (Order 99 -03), § 173 - 224 -050, filed 12/28/99, effective 1/28/00; 98 -03 -046 (Order 97 -27), § 173 - 224 -050, filed 1/15/98, effective 2/15/98, 96-03 -041 (Order 94 -21), § 173 - 224 -050, filed 1/10/96, effective 2/10/96, 94 -10 -027 (Order 93 -081 § 173 - 224 -050, filed 4/28/94, effective 5/29/94, 92 -03 -131 (Order 91 -45), § 173- 224 -050 filed 1/21/92, effective 2/21/92 Statutory Authority Chapter 43.21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173- 224 -050, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224 -060 Permits issued by other governmental agencies The department shall not charge peiiiut fees for (1) Permits issued by a city, town, or municipal corporation under RCW 90 48 165, (2) Permits issued by the energy facilities site evaluation council under RCW 80 50 071, (3) Permits administered by the EPA under 33 U S C 1251 et seq Nothing herein shall restrict the department from charging fees to recover administrative expenses of permits it issues under RCW 90 48 160 for discharges into municipal sewer systems, nor for charging fees to recover administrative expenses related to monitoring compliance with delegated pretreatment programs [Statutory Authonty Chapter 43.21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173- 224 -060, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224 -080 Transfer of ownership or control. The department shall charge permit fees from the permit holder on record with the department. In the event that ownership or control of a permitted facility or activity is transferred, it shall not be the responsibility of the department to transfer funds between a new and previous permit holder, and the department-shall not refund fee ' charges prospectively m the event of a transfer Fees paid by a previous permit Holder shall be deemed to satisfy the corresponding fee payment requirements of a new permit holder Agreements between a new and previous permit holder are not binding on the department [Statutory Authority- Chapter 43.21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173 - 224 -080, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224 -090 Small business fee reduction. A small business required to pay a permit fee under an industrial facility category may receive a reduction of its permit fee (1) To qualify for the fee reduction, a business must (a) Be a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit; (b) Be independently owned and operated from all other businesses (i.e , not a subsidiary of a parent company), (c) Have annual sales of one million dollars or less of the goods or services produced using the processes regulated by the waste discharge permit, and (d) Pay an annual wastewater discharge permit fee greater than five hundred dollars (2) To receive a fee reduction, the permit holder must submit an application m a manner prescribed by the department demonstrating that the conditions of subsection (1) of this section have been met. The application shall bear a certification of correctness and be signed. (a) In the case of a corporation, by an authonzed corporate officer; (b) In the case of a limited partnership, by an authonzed general partner; (c) In the case of a general partnership, by an authonzed partner; or (d) In the case of a sole propnetorship, by the propnetor (3) The department may venfy the information contained m the application and, if it determines file. //C Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 WAC 173 -224 CHAPTER P 19 o f 1 that the permit holder has made false statements, may deny the fee reduction request and revoke previously granted fee reductions (4) The permit fee for small businesses determined to ben under subsection (1) of this section shall be reduced to fifty percent of the assessed annual permit fee (5) If the annual gross revenue of the goods and services produced using the processes regulated by the waste discharge permit is one hundred thousand dollars or less, and the annual permit fee assessed imposes an extreme hardship to the business, the small business may request an extreme hardship fee reduction. The small business must provide sufficient evidence to support its claim of an extreme hardship In no case will a peinirt fee be reduced below one hundred dollars [Statutory Authority Chapter 90 48 RCW 96-03 -041 (Order 94 -21), § 173- 224 -090, filed 1/10/96, effective 2/10/96, 94- 10 -027 (Order 93 -08), § 173- 224 -090, filed 4/28/94, effective 5/29/94, 92 -03 -131 (Order 91 -45), § 173 -224 -090, filed 1/21/92, effective 2/21/92 Statutory Authority Chapter 43 21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89- 8A), § 173- 224 -090, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224400 Administrative appeals to the department. Any person aggrieved by a determination made under this chapter by the department may file a written appeal to the department no later than each fiscal year's first billing clue date for payment of fees Such appeal shall state the reasons that the aggrieved person believes that the department's determination is contrary to the requirements of RCW 90 48 465, and specific actions that he /she is requesting that are consistent with those requirements The department shall either issue a revised deteiiinnation or a statement upholding the ongmal determination. A revised determination shall be consistent with the requirements of RCW 90 48 465 Any person feeling aggrieved by the administrative appeals decision made by the department regarding their permt fee may obtain review thereof by filing an appeal with the Pollution Control Hearings Board, PO Box 40903, Olympia, Washington 98504- 0903, within thirty days of receipt of the department's decision. In addition; a copy-of the appeal must be served on the Department of Ecology, Attention Water Quality Program, PO Box 47696, Olympia, Washington 9.8504 - 7696, within thirty'dys of receipt. These procedures are consistent with the provisions of chapter 43.21B RCW and the rules and regulations adopted thereunder [Statutory .Authority. Chapter 90 48 RCW 94-10 -027 (Order 93 -08), § 173 - 224 -100, filed 4/28/94, effective 5/29/94, 92- 03 -131 (Order 91 -45), § 173- 224 -100, filed 1/21/92, effective 2/21/92 Statutory Authority. Chapter 43.21A RCW 89- 12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A); § 173- 224 -100, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173 - 224 -110 Deposits The department shall deposit permit fee payments in the water quality permit account m the state treasury Funds collected shall not be available for use by the department until appropriated by the legislature [Statutory Authority. Chapter 43 21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173 - 224 -110, filed 5/31/89 and 3/13/90, effective 4/13/90 ] WAC 173- 224 -120 Past due payments Any person who, by the effective date of this section, has not paid the fees and other amounts due under chapter 173 -223 WAC shall continue to be obligated to pay such fees and amounts [Statutory Authonty. Chapter 90 48 RCW 92 -03 -131 (Order 91 -45), § 173 - 224 -120, filed 1/21/92, effective 2/21/92 Statutory Authority. Chapter 43.21A RCW 89-12 -027 and 90 -07 -015 (Order 89 -8 and 89 -8A), § 173- 224 -120, filed 5/31/89 and 3/13/90, effective 4/13/90 ] file. //C \Documents and Settings \sschafer\Local Settings \Temporary Internet Fil. \173- 224.ht 5/6/2003 ,:;t1; •• `'*. " ", cor APPLICATION FOR A WASTEWATER 1 -� i DISCHARGE PERMIT FOR DISCHARGE OF INDUSTRIAL WASTEWATER TO THE CITY OF YAKIMA FOR OFFICE USE ONLY Check One New /Renewal ❑ Modification ❑ Date Application Date Fee Application/ Date Application Received Paid Permit No Accepted This application is for a wastewater discharge permit for a discharge of industrial wastewater to a publicly owned treatment works (POTW) as required in accordance with provisions of Chapter 90 48 RCW, Chapter 173 -216 WAC and Chapter 7 65 Yakima Municipal Code. Permit applications provide the City with information on pollutants in the waste.stream, matenals which may enter the waste stream, and the flow characteristics of the discharge The City may request additional information at a later date to clarify the conditions of this discharge Information previously submitted to the City and which is applicable to this application should be referenced in the appropriate section. SECTION A. GENERAL INFORMATION 1 Applicant Name 2 Facility Name (if different from Applicant) 3 Applicant Address. Street City /State Zip 4 Facility Address Street City /State Zip 5 Latitude /longitude of the facility. 0 1 11 1 0 1 11 W 6 Facility contact who is familiar with the information contained in this application. Name Title Telephone Number Fax Number Page 1 of 15 7 Check Orte• ❑ Permit Renewal (Including renewal of temporary permits authonzed by RCW 90 48.200) Does this application request a greater amount of wastewater discharge, a greater amount of pollutant discharge, or a discharge of different pollutants than specified in the last permit application for this facility`' ❑Yes ❑No For permit renewals, the current permit is an attachment, by reference, to this application. ❑ Permit Modification ❑ Existing Unpermitted Discharge ❑ Proposed Discharge Anticipated date of discharge The City of Yakima is an equal opportunity agency and does not discriminate on the basis of race, creed, color, disability, age, religion, national origin, sex, marital status, disabled veteran's status, Vietnam Era veteran's status or sexual orientation. If you have special accommodation needs or require this document in alternative format, please contact Scott Schafer at (509) 575 -6077 Paae 2 of 15 I certify under penalty of law that this document and all attachments were prepared under nn 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 1 am aware that there are significant penalties for submitting false information, including the possibility of a fine and /or imprisonment for knowing violations Consent release Undersigned hereby acknowledges by signature that the City of Yakima has permission and the right, upon the presentation of credentials and other documents as may be required by law, to 1 Enter upon the pernittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit, 2 Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, 3 Inspect at reasonable tines any facilities, equipment (including monitoring and equipment), practices, or operations regulated or required under this permit, 4 Sample or monitor, for the purposes of assuring permit compliance, any substances or parameters at any location, and 5 Inspect any production, manufacturing, fabricating or storage area where pollutants, regulated under the perntit, could originate, be stored, or be discharged to the sewer system. In the event any discharger declines to allow access to the discharger's premises for inspection, monitoring, or sampling, the Wastewater Manager shall not enter such premises without first obtaining a duly issued judicial warrant Undersigned acknowledges their understanding that refusal of such permission shall be sufficient grounds for termination of the permit and the right to discharge to the City of Yakima's POTW Signature* Date Title Printed Name *Applications must be signed as follows. Corporations, by a principal executive officer of at least the level of vice - president; partnership, by a general partner; sole proprietorship, by the proprietor If these titles do not apply to your organization, the application is to be signed by the person who makes budget decisions for this facility Paae 3 of 15 SECTION B. PRODUCT INFORMATION 1 Bnefly describe all manufacturing processes and products, and/or commercial activities at this facility Provide the applicable Standard Industrial Classification (SIC) Code(s) for each activity (see Standard Industrial Classification Manual, 1987 ed.). Descnption. 2 List raw materials and products. Type RAW MATERIALS Quantity/Year Type PRODUCTS Quantity/Year Paae 4 of 15 SECTION C. PLANT OPERATIONAL CHARACTERISTICS 1 For each process listed in B 1 that generates wastewater, list the process, assign the waste stream a name and an ID # and describe whether it is a batch or continuous flow Process Waste Stream Name Waste Stream Batch or ID# Continuous Process 2 On a separate sheet, produce a schematic drawing showing production processes, water flow through the facility, wastewater treatment devices and waste streams as named above The drawing should indicate the source of intake water and show the operations contributing wastewater to the effluent. The treatment units should be labeled. Construct a water balance by showing average flows between intakes, operations, treatment units, and points of discharge to the POTW (See the example on the last page of this application form.) 3 What is the maximum daily discharge flow. gallons /day What is the maximum average monthly discharge flow (daily flows averaged over a month) gallons /day 4 Describe any planned wastewater treatment improvements or changes in wastewater disposal methods and the schedule for the improvements. (Use additional sheets, if necessary and label as attachment C4 ) Paae 5 of 15 5 If production processes are subject to seasonal vanations, provide the following information List discharge for each waste stream in gallons per day (GPD) The combined value for each month should equal the estimated total monthly flow Waste Stream ID# MONTHS J F M A M J J A S 0 N D Estimated Total Monthly Flow (GPD) 6 How many hours a day does this facility typically operate? How many days a week does this facility typically operate`' How many weeks per year does this facility typically operate? 7 List all incidental materials like oil, paint, grease, solvents, and cleaners that are used or stored on site (List only those with quantities greater than 10 gallons for liquids and 50 pound quantities for solids) For solvents and solvent -based cleaners include a copy of the material safety data sheet for each material and estimate the quantity used. (Use additional sheets, if necessary and label as attachment C 7) Materials /Quantity Stored. 8 Some types of facilities are required to have spill or waste control plans Does this facility have a. A Spill Prevention, Control, and Countermeasure Plan (40 CFR 112)? ❑ Yes ❑ No b An Emergency Response Plan (per WAC 173- 303 -350)? ❑ Yes ❑ No c A Runoff, spillage, or leak control plan (per WAC 173 - 216 - 110(0)? ❑ Yes ❑ No d. Any spill or pollution prevention plan required by local, State or Federal authorities? ❑ Yes ❑ No If yes specify e A Solid Waste Management Plan? ❑ Yes ❑ No f Slug Discharge Control Plan (40 CFR 403 8(f)(2)(v))? ❑ Yes ❑ No Paae 6 of 15 4 SECTION D. WATER CONSUMIPTION AND WATER LOSS 1 Water source(s) ❑ Public System (Specify) ❑ Private Well ❑ Surface Water a. Water Right Permit Number b Legal Description of Water Source 1/4S, '' /4S, _, Section, _ TWN, _ R 2 Water use a. Indicate total water use Gallons per day (average) Gallons per day (maximum) b Is water metered? ❑ Yes ❑ No Paae 7 of 15 SECTION E. WASTEWATER INFORMATION How are the water intake and effluent flows measured? Intake Effluent: 2 Provide measurements or range of measurements for treated wastewater prior to discharge to the POTW for the parameters with a check in the left column. Use the analytical methods given in the table unless an alternate method is approved by Ecology All analyses, except pI-I, must be conducted by a laboratory registered or accredited by the Ecology (WAC 173- 216 -125) If this is an application for permit renewal provide data for the last year for those parameters that are routinely measured. For parameters measured only for this application place the values under maximum. Parameter Concentrations Measured Analytical Method Detection 1 Minimum Maximum Average Std. Methods 19th edition Limit BOD (5 day) 5210 2 mg/I COD 5220 B, C, or D 5 mg/I Total Suspended Solids 2540D 1 mg/I Total Dissolved Solids 2540 C Conductivity 2510 B Ammonia -N 4500 -NH C 20 µg/1 pH 4500 -H 0 1 units Total Residual Chlorine 4500 -CI E 1 mg/1 Fecal Coliform 9222 D ,'' Total Coliform 9221 B or 9222 B Dissolved Oxygen 4500 -0 C or 4500 -0 G Nitrate + Nitrite -N 4500 -NO E 0.5 mg/I Total Kjeldahl N 4 500 - Norg 20 µg/1 Ortho- phosphate -P 4500 -P E or 4500 -P F 1 µg/1 Parameter Concentrations Measured Analytical Method Detection ✓ Minimum Maximum Average Std. Methods 19th edition Limit Total- phosphate -P 4500 -P B 4 I pg /I Total Oil & Grease 5520 C 0.2 mg /I Total Petroleum Hydrocarbon 5520 D F Calcium 3500 -Ca B 3 pg /I Chloride 4500 -CI C 0 15 pg /I Fluoride 4500 -F D 0 1 mg /1 Magnesium 3500 -Mg B 0 5 pg /I Potassium 3500 -K B 5 pg/I Sodium 3500 -Na B 2 pg /I Sulfate 4500 -SO E 1 mg/I ""` Arsenic (total) 3114 B 2 pg /I Barium (total) 3500 -Ba B 30 pg/I -_ - Cadmium (total) 3500 -Cd B 5 pg /I ,,,i-2, Chromium (total) 3500 -Cr 13 50 pg/I , - Copper (total) 3500 -Cu 13 20 pg/I .l- Lead (total) _ 3500 -Pb B 100 pg /I Mercury 3500 -Hg B 0.2 pg/I Molybdenum (total) 3500 -Mo 1 pg/I Nickel (total) 3500 -Ni 20 pg/I Selenium (total) 3500-Sc C 2 pg/I Silver (total) 3500 -Ag B 10 pg/I Zinc (total) 3500 -Zn 13 5 pg/1 3 Describe the collection method for the samples which were analyzed above (i.e., grab, 24 hour composite). 4 Has the effluent been analyzed for any other parameters than those identified in question E 1 `' ❑ Yes ❑ No If yes, attach results and label as attachment E.4 This data must clearly show the date, method and location of sampling. (Note The City of Yakima mal require additional effluent testing based on information submitted in this application.) 5 Does this facility use any of the following chemicals as raw matenals in production, produce them as part of the manufactunng process, or are they present in the wastewater? (The number following the chemical name is the Chemical Abstract Service (CAS) reference number to aid in identifying the compound.) ❑Yes ❑No If yes, specify how the chemical is used and the quantity used or produced. VOLATILE COMPOUNDS Acrolein (107 -02 -8) 1,1- Dichloroethylene (75 -35 -4) Acrylonitrile (107 -13 -1) 1,2- Dichloropropane (78 -87 -5) Benzene (71 -43 -2) 1,3- Dichloropropene (542 -75 -6) Bis (chloromethyl) Ether (542 -88 -1) Ethylbenzene (100 -41 -4) Bromoform (75 -25 -2) Methyl Bromide (74 -83 -9) Carbon Tetrachloride (108 -90 -7) Methyl Chloride (74 -87 -3) Chlorobenzene (108 -90 -7) Methylene Chloride (75 -09 -2) Chlorodibromomethane (124 -48 -1) 1,1,2,2 - Tetrachloroethane (79 -34 -5) Chloroethane (75 -00 -3) Tetrachloroethylene (127 -18 -4) 2- Chloroethylvinyl Ether (110 -75 -8) Toulene (108 -88 -3) Chloroform (67 -66 -3) 1,2- Trans - Dichloroethylene (156 -60 -5) Dichlorobromomethane (75 -27 -4) 2 1,1,1 - Trichloroethane (71 -55 -6) Dichlorodifluromethane (75 -71 -8) 2 1,1,2- Trichloroethane (79 -00 -5) 1,1- Dichloroethane (75 -34 -3) 2 Trichloroethylene (79 -01 -6) 1,2- Dichloroethane (107 -06 -2) Trichlorofluromethane (75 -69 -4) Vinyl Chloride (75 -01 -4) ACID COMPOUNDS 2- Chlorophenol 95 -57 -8 4- Nitrophenol 100 -02 -7 2,4- Dichlorophenol 120 -83 -2 p- Chloro -m- cresol 59 -50 -7 2,4- Dimethylphenol 105 -67 -9 Pentachlorophenol 87 -86 -5 4,6- Dimtro- o- cresol 534 -52 -1 Phenol 108 -95 -2 2,4- Dimtrophenol 51 -28 -5 2,4,6 - Trichlorophenol 88 -06 -2 2- Nitrophenol 88 -75 -5 Paae 10 of 15 ECY 040 -177 (Rev 2/97) METALS Antimony 7440 -36 -0 Mercury 7439 -97 -6 Arsenic 7440 -38 -2 Nickel 7440 -02 -0 Beryllium 7440 -41 -7 Selenium 7782 -49 -2 Cadmium 7440 -43 -9 Silver 7440 -22 -4 Chromium 7440 -47 -3 Thallium 7440 -28 -0 Copper 7440 -50 -8 Zinc 7440 -66 -6 Lead 7439 -92 -1 Cyanide 57 -12 -5 PESTICIDES Aldrin 309 -00 -2 Endosulfan I 115 -29 -7 alpha -BHC 319 -84 -6 Endosulfan II 115 -29 -7 beta -BHC 319 -85 -7 Endosulfan Sulfate 1031 -07 -8 gamma -BHC 58 -89 -9 Endnn 72 -20 -8 delta -BHC 319 -86 -8 Endnn Aldehyde 7421 -93-4 Chlordane 57 -74 -9 Heptachlor 76 -44 -8 4,4' -DDD 72 -54 -8 Heptachlor Epoxide 1024 -57 -3 4,4' -DDE 72 -55 -9 PCB (7 Aroclors) 4,4' -DDT 50 -29 -3 Toxaphene 8001 -35 -2 Dieldrin 60 -57 -1 BASE/NEUTRAL COMPOUNDS Acenaphthene 83 -32 -9 Diethyl Phthalate 84 -66 -2 Acenapthylene 208 -96 -8 Dimethyl Phthalate 131 -11 -3 Anthracene 120 -12 -7 Di -n -butyl Phthalate 84 -74 -2 Benzidine 92 -87 -5 2,4- Dinitrotoluene 121 -14 -2 Benzo(a)anthracene 56 -55 -3 2,6- Dinitrotoluene 606 -20 -2 Benzo(a)pyrene 50 -32 -8 Di -n -octyl Phthalate 117 -84 -0 3,4 Benzofluoranthene 205 -99 -2 1,2- Diphenylhydrazine 122 -66 -7 Benzo(ghi)Perylene 191 -24 -2 Fluoranthene 206 -44 -0 Benzo(k)fluoranthene 207 -08 -9 Fluorene 86 -73 -7 Bis(2- chloroethoxy) Methane 111 -91 -1 Hexachlorobenzene 118 -74 -1 Bis(2- chloroethyl) Ether 111 -44-4 Hexachlorobutadiene 87 -68 -3 Bis(2- chloroisopropyl) Ether 102 -60 -1 Hexachlorocyclopentadiene 77 -47 -4 Bis(2- ethylhexyl) Phthalate 117 -81 -7 Hexachloroethane 67 -72 -1 4- Bromophenyl Phenyl Ether 101 -55 -3 Indeno(1,2,3- cd)pyrene 193 -39 -5 Butyl Benzyl Phthalate 85 -68 -7 Isophorone 78 -59 -1 2- Chloronaphthalene 91 -58 -7 Naphthalene 91 -20 -3 4- Chlorophenyl Phenyl Ether 7005 -72 -3 Nitrobenzene 98 -95 -3 Chrysene 218 -01 -9 N- nitrosodimethylamine 62 -75 -9 Dibenzo(a,h)anthracene 53 -70 -3 N- nitrosodi- n- propylamine 621 -64 -7 1,2- Dichlorobenzene 95 -50 -1 N- nitrosodiphenylamine 86 -30 -6 1,3- Dichlorobenzene 541 -73 -1 Phenanthrene 85 -01 -8 1,4- Dichlorobenzene 106 -46 -7 Pyrene 129 -00 -0 3,3' Dichlorobenzidine 91 -94 -1 1,2,4 - Trichlorobenzene 120 -82 -1 6 Are any other pesticides, herbicides or fungicides used at this facility? Yes ONo If yes, specify the material and quantity used. Paae 11 of 15 7 Are there other pollutants that you know of or believe to be present`' ❑Yes ❑No If yes, specify the pollutants and their concentration if known (attach laboratory analyses if available) 8 Does the wastewater being discharged, or proposed for discharge to the POTW designate as a dangerous waste according to the procedures in Chapter 173 -303 WAC ? ❑ Yes ❑No ❑Don't Know 9 If the answer to question 8 above is yes, how did the waste designate as a dangerous waste? For Listed and TCLP Characteristic Wastes only, also provide the Dangerous Waste Number(s) Listed Waste Dangerous Waste Number(s) Characteristic Wastes Ignitable Reactive Corrosive TCLP Dangerous Waste Number(s) State Only Dangerous Wastes Toxicity Persistent For Questions about waste designation under the Dangerous Waste Regulations, Chapter 173 -303 WAC, contact Ecology's Hazardous Waste and Toxics Program at Northwest Regional Office - Bellevue (425)649 -7000 Southwest Regional Office - Lacey (360)407 -6300 Central Regional Office - Yakima (509)575 -2490 Eastern Regional Office - Spokane (509)456 -2926 SECTION F. SEWER INFORMATION 1 Is an inspection and sampling manhole or similar structure available on -site? ❑ Yes ❑ No If yes, attach a map or hand drawing of the facility which shows the location of these structures (this may be combined with map in H8 if H8 is applicable to your facility ) Paae 12 of 15 SECTION G. OTHER PERMITS List all environmental control permits or approvals needed for this facility, for example, air emission permits SECTION H. STORMWATER 1 Do you have a Washington State Stormwater Baseline General Permit? If yes, ❑ Yes ❑ No please list the permit number here 2 Have you applied for a Washington State Stormwater Baseline General ❑ Yes ❑ No Permit? 3 Do you have any stormwater quality or quantity data? ❑ Yes ❑ No Note If you answered "no" to questions 1 or 2 above, complete questions 4 through 8 4 Describe the size of the stormwater collection area. a Unpaved Area sq.ft. b Paved Area sq.ft. c Other Collection Areas (Roofs) sq ft. 5 Does your facility's stormwater discharge to (Check all that apply) ❑ Storm sewer system; name of storm sewer system (operator) ❑ Directly to surface waters of Washington State (e.g , river, lake, creek, estuary, ocean) Specify waterbody name ❑ Indirectly to surface waters of Washington State (i.e., flows over adjacent properties first) ❑ Directly to ground waters of Washington State ❑ dry well ❑ drainfield ❑ other ❑ Sanitary Sewer 6 Areas with industrial activities at facility (check all that apply) ❑ Manufacturing Building ❑ Material Handling ❑ Material Storage ❑ Hazardous Waste Treatment, Storage, or Disposal (Refers to RCRA, Subtitle C Facilities Only) ❑ Waste Treatment, Storage, or Disposal Paae 13 of 15 ❑ Application or Disposal of Wastewaters ❑ Storage and Maintenance of Material Handling Equipment ❑ Vehicle Maintenance ❑ Areas Where Significant Materials Remain ❑ Access Roads and Rail Lines for Shipping and Receiving ❑ Other 7 Material handling /management practices a. Types of materials handled and/or stored outdoors (check all that apply) ❑ Solvents ❑ Hazardous Wastes ❑ Scrap Metal ❑ Acids or Alkalies ❑ Petroleum or Petrochemical Products ❑ Paints /Coatings ❑ Plating Products ❑ Woodtreating Products ❑ Pesticides ❑ Other (please list) b Identify existing management practices employed to reduce pollutants in industrial storm water discharges (check all that apply) ❑ Oil/Water Separator ❑ Detention Facilities ❑ Containment ❑ Infiltration Basins ❑ Spill Prevention ❑ Operational BMPs ❑ Surface Leachate Collection ❑ Vegetation Management ❑ Overhead Coverage ❑ Other (please list) 8 Attach a facility site map showing stormwater drainage /collection areas, disposal areas and discharge points. This may be a hand drawn map if no other site map is available (See example on the last page of this application) Label this as attachment H 8 SECTION I. OTHER INFORMATION 1 Describe liquid wastes or sludges being generated that are not disposed of in the waste stream(s) and how they are being disposed. For each type of waste, provide type of waste, name, address, and phone number of hauler Paae 14 of 15 2 Describe storage areas for raw materials, products, and wastes 3 Have you designated the wastes described above according to the applicable ❑ Yes ❑ No procedures of Dangerous Waste Regulations, Chapter 173 -303 WAC? SECTION J. CERTIFICATIONS 1 Application review by Intermediate Sewer Owner at point of discharge (if applicable) I hereby acknowledge that I have reviewed the application for discharge to this sewer system. Name and location of sewer system to which this project will be tributary Sewer System Owner Street. City/State Zip Signature Date Title Printed Name Summary of Attachments That May be Required for This Application. (Please check those attachments which are included) ❑ C 1 Production schematic flow diagram and water balance ❑ C 4 Wastewater treatment improvements ❑ C 7 Additional incidental materials ❑ E.5 Additional results of effluent testing ❑ F 1 Facility site map ❑ H 8 Stormwater drainage map Paae 15 of 15 Example 1 for application section C.2 (SCHEMATIC DIAGRAM) ALL WATER USED IS FROM MUNICIPAL SUPPLY 6,000 gaVday Average, 11,000 gaVday maximum _ UNLOADING - 310 - STORAGE (2) COOKING PRESSING .� DRYING DRIED MEAL TRUCKS (i PRODUCT CLEANUP LEAKAGE CONDENSATE WASHWATER TO WASTEWATER WASTE STREAM #1 TO SAN. SEWER (SS) TO SS (A) STORM DRAIN AVG. 100 GPD AVG 20 GPD AVG. 100 GPD MAX. 600 GPD MAX. 20 GPD MAX. 600 GPD WASTE STREAM #1 WASTE STREAM a2 (A) (5) WASTEWATER TO SS PRETREATMENT PRETREATMENT DETAIL (4) AVG. 5000 GPD — UNIT (4) (SEE MAX. 10,000 GPD DETAIL) If OIL TO SKIMMING t A RECYCLER LEAKAGE WASTEWATER CHEMICAL TO SS STICK WATER ADDITION AVG. 20 GPD E- SHORTAGE (5) MAX. 20 GPD WASTE STREAM #2 i (5) OFFHAUL SETTLING WASTE STREAM #1 SOLIDS (A) COOLING WATER TO STICK WATER STORM SEWER — EVAPORATOR (6) —� AVG. 100 GPD MAX. 250 GPD WASTEWATER TO SS WASTE STREAM 01 CONCENTRATED (A) FISH PRODUCT Example 2 for application section Fl or H8 (FACILITY SITE MAP) iN 6TH LOADING DOCK AVE \• `� STORM D • IN 0 (Bb 0 ROOF DRAIN STORM DRAIN (A) 0 SANITARY SEWER ACCESS 10TH ST Paae 16 of 15 APPLICATION FOR AN AUTHORIZATION TO DISCHARGE INDUSTRIAL WASTEWATER •!�-_� TO THE CITY OF YAKIMA Date This application is for a wastewater authorization to discharge of industnal wastewater to a publicly owned treatment works (POTW) as required in accordance with provisions of Chapter 7 65 Yakima Municipal Code Authorization to discharge applications provide the City with information on pollutants in the waste stream, materials which may enter the waste stream, and the flow characteristics of the discharge The City may request additional information at a later date to clarify the conditions of this discharge Information previously submitted to the City and which is applicable to this application should be referenced in the appropriate section. SECTION A. GENERAL INFORMATION 1 Applicant Name 2 Facility Name (if different from Applicant) 3 Applicant Address Street City/State Zip 4 Facility Address Street City/State Zip 5 Facility contact who is familiar with the information contained in this application Name Title Telephone Number Fax Number Page 1 of 7 6 Check One ❑ Authorization to Discharge Renewal - Does this application request a greater amount of wastewater discharge, a greater amount of pollutant discharge, or a discharge of different pollutants than specified in the last authonzation to discharge application for this facility? ❑Yes ❑No For authorization to discharge renewals, the current authonzation to discharge is an attachment, by reference, to this application. ❑ Authorization to Discharge Modification ❑ Existing Unauthorized Discharge ❑ Proposed Discharge Anticipated date of discharge The City of Yakima is an equal opportunity agency and does not discriminate on the basis of race, creed, color, disability, age, religion, national origin, sex, marital status, disabled veteran's status, Vietnam Era veteran 's status or sexual orientation. If you have special accommodation needs or require this document in alternative format, please contact Scott Schafer at (509) 575 -6077 Paae 2 of 7 I certify under penalty of law that this document and all attachments were prepared under nil direction or supervision in accordance with a system designed to assure that qualified personnel properl\ 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 it fore ation, the information submitted is to the best of my knowledge and belief, true, accurate, and complete 1 am aware that there are significant penalties for submitting false information, including the possibility of a fine and /or imprisonment for knowing violations Consent release Undersigned hereby acknowledges by signature that the City of Yakima has permission and the right upon the presentation of credentials and other documents as may be required by law, to 1 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 this authorization to discharge, 2 Have access to and copy, at reasonable tines, any records that must be kept under the conditions of this authorization to discharge, 3 Inspect at reasonable times any facilities, equipment (including monitoring and equipment), practices, or operations regulated or required under this authorization to discharge, 4 Sample or monitor, for the purposes of assuring authorization to discharge compliance, any substances or parameters at any location, and 5 Inspect any production, manufacturing, fabricating or storage area where pollutants, regulated under the authorization to discharge„ could originate, be stored, or be discharged to the sewer system. In the event any discharger declines to allow access to the discharger's premises for inspection, monitoring, or sampling, the Wastewater Manager shall not enter such premises without first obtaining a duly issued judicial warrant Undersigned acknowledges their understanding that refusal of such permission shall be sufficient grounds for termination of the authorization to discharge and the right to discharge to the City of Yakima s POTW Signature* Date Title Printed Name *Applications must be signed as follows Corporations, by a principal executive officer of at least the level of vice - president; partnership, by a general partner; sole proprietorship, by the proprietor If these titles do not apply to your organization, the application is to be signed by the person who makes budget decisions for this facility Paae 3 of 7 SECTION B. PRODUCT INFORMATION 1 Bnefly describe all manufacturing processes and products, and/or commercial activities at this facility Provide the applicable Standard Industrial Classification (SIC) Code(s) for each activit) (see Standard Industrial Classification Manual, 1987 ed.). Description. 2 List raw matenals and products. Type RAW MATERIALS Quantity/Year Type PRODUCTS Quantity/Year Paae 4 of 7 SECTION C. PLANT OPERATIONAL CHARACTERISTICS 1 For each process listed in B 1 that generates wastewater, list the process, assign the waste stream a name and an ID # and describe whether it is a batch or continuous flow Process Waste Stream Name Waste Stream Batch or ID# Continuous Process 2 On a separate sheet, produce a schematic drawing showing production processes, water flow through the facility, wastewater treatment devices and waste streams as named above The drawing should indicate the source of intake water and show the operations contributing wastewater to the effluent. The treatment units should be labeled. Construct a water balance by showing average flows between intakes, operations, treatment units, and points of discharge to the POTW (See the example on the last page of this application form.) 3 What is the maximum daily discharge flow gallons /day What is the maximum average monthly discharge flow (daily flows averaged over a month) gallons /day 4 Describe any planned wastewater treatment improvements or changes in wastewater disposal methods and the schedule for the improvements. (Use additional sheets if necessary and label as attachment C4 ) 5 How many hours a day does this facility typically operate? How many days a week does this facility typically operate? How many weeks per year does this facility typically operate? Paae 5 of 7 6 List all incidental matenals like oil, paint, grease, solvents, and cleaners that are used or stored on site (List only those with quantities greater than 10 gallons for liquids and 50 pound quantities for solids) For solvents and solvent -based cleaners include a copy of the material safety data sheet for each matenal and estimate the quantity used. (Use additional sheets, if necessary and label as attachment C 7) Materials /Quantity Stored. SECTION D. WATER CONSUMPTION 1 Water source(s) ❑ Public System (Specify) ❑ Private Well ❑ Surface Water a. Water Right Permit Number b Legal Description of Water Source _ ' /4S, _ 1/4S, _, Section, _ TWN, _ R 2. Water use a. Indicate total water use Gallons per day (average) Gallons per day (maximum) b Is water metered? ❑ Yes ❑ No How is the water intake measured Paae 6 of 7 SECTION E. SEWER INFORMATION 1 How is the effluent measured 2 If known, what is the concentration or pounds per day of BOD and TSS of the wastewater being discharged? BOD TSS 3 If known, what is the pH of the wastewater being discharged? 4 Is an inspection and sampling manhole or similar structure available on -site ❑ Yes ❑ No If yes, attach a map or hand drawing of the facility which shows the location of these structures (this may be combined with map in H8 if H8 is applicable to your facility ) 5 Attach a facility site map showing stormwater drainage /collection areas, disposal areas and discharge points This may be a hand drawn map if no other site map is available 4 N 6TH LOADING DOCK AVE \, 1 STORM DR • IN 0 (B b 0 ROOF DRAIN STORM (A) 0 SANITARY DRA SEWER ACCESS 10TH ST Paae 7 of 7 CITY OF YAKIMA s�C,. : WASTEWATER DIVISION i, 2220 East Viola V• : Yakima, Washington 98901 -e Phone 575 -6077 • Fax (509) 575 -6116 October 27, 2003 ATTENTION ALL SIGNIFICANT INDUSTRIAL USERS All significant industnal users (SIUs) are invited to attend a City Counsel Study Session pertaining to Yakima's Pretreatment Program. It is scheduled for Tuesday November 4th at Yakima's City Hall Council Chambers at 7.30 a.m. The City Council Study Session is open to the public and will address the following topics 1 Delegation of the Pretreatment Program from Ecology to the City of Yakima. 2 Permit and Authonzation to Discharge requirements. 3 Pretreatment Ordinance changes 4 Permit Fees If you have any questions, please call me at 575 -6077 Sincerely Scott Schafer Environmental Analyst Yakima tzted AFMiokapll '111 J! 1994 oF. ;:i CITY OF YAKIMA WASTEWATER DIVISION � h 2220 East Viola RECEIVFD • 'fir Washington 98901 /► gee • = Yakima, - Phone 575 -6077 •Fax (509) 57� -6116 NOV 0 6 2003 CITY OF UNION (3AP November 6, 2003 Mr Dennis Henne Public works Director City of Umon Gap P O Box 3008 Umon Gap WA 98903 Re Pretreatment Ordinance Revision The City of Yakima is in the process of revising its Sewer Use Ordinance and is enclosing a draft of the ordinance for your review as outlined in Section II SEWER USE ORDINANCE paragraph B of the SPECIAL AGREEMENT between The City of Yakima and City of Union Gap Please provide your comments withm 30 days m receipt of the enclosed revisions and the City of Yakima will take into consideration Union Gap's comments when finalizing the revisions. If you have any questions or need further assistance I can be contacted. at (509) 575 -6077 Sincerely, Alf Max E iden Utiht ngineer City o Yakima Wastewater Division YakimE munsricactt 11 11 1 ' 1994 n r Y, CITY OF YAKIMA ' ` WASTEWATER DIVISION • 2220 East Viola . Yakima, Washington 98901 " "_ r Ph 575 -6077 • Fax (509) 575 -6116 ro.�Tra November 6, 2003 RECEIVED NOV 6 2003 Mr Norm Alderson Terrace Heights Sewer 2812 Terrace Hts Drive Yakima, WA 98902 Re Pretreatment Ordinance Revision The City of Yakima is m the process of revising its Sewer Use Ordinance and is enclosing a draft of the ordinance for your review as outlined m Section II SEWER USE ORDINANCE paragraph B of the SPECIAL AGREEMENT between The City of Yakima and City of Union Gap Please provide your comments within 30 days m receipt of the enclosed revisions and the City of Yakima will take into consideration Terrace Height's comments when finalizing the revisions. If you have any questions or need further assistance I can be contacted at (509) 575 -6077 Sincerely, Max / den Utili Engineer City of Yakima Wastewater Division Yakima tir Lid M- America or, '111 J! 1994 aF..Y ` "' CITY OF YAKIMA f ;' WASTEWATER DIVISION � EC i ' /v Heee'vel ' 2 220 East Viola V ` i : � J Yakima, Washington 98901 MOY 1 1 2003 • ' 96 ` Phone 575 -607 • Fax (509) 575 -6116 000RArso :16. Cl � �\� /6'1Z REG10N Mr David Dunn Dept. Of Ecology Central Regional Office 15 West Yakima Ave Suite 200 Yakima, WA 98902 Re Pretreatment Ordinance Revision Dear Mr Dunn The City of Yakima is m the process of revising Chapter 7 65 "Sewer Use and Pretreatment Regulations" and is enclosing a draft of the ordinance for your review as specified m Section 7 65 198 of the City Municipal Code The Ordinance is Located m the Proposed Legislation section of the binder titled Pretreatment Studv Session November 4, 2003 For your information the Enforcement Response Plan and Chapter 7 60 (Wastewater Collection Treatment Rates and Charges) are included m the same section of the binder This Ordinance is going before City Council for approval next month so we will need your comments back by December 5, 2003 Thank you for your attention and if you have any questions regarding the revisions I can be contacted at (509) 575 -6077 Sincerely, 7 / /( /i# Max y in. 1 n . Utilit . gmeer Waste • ater Division Yakima becd �.�waa ' �11U 1994 STA Of, r %?yl 1889 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902 -3452 • (509) 575 -2490 November 20, 2003 �, �.. 1 Your address is in the , ter L raj Lower er d r Yakima 0T watershed Max Linden City of Yakima - Wastewater Division 2220 E. Viola Yakima, WA 98901 RE. Pretreatment Ordinance Revision Dear Mr Linden. The Department of Ecology (Department) has received the proposed revision to the City's Pretreatment Ordinance. I understand that the City Council will be adopting the ordinance on December 5th, and you had requested that the Department provide any comments by that time Due to my current workload, I will not be able to complete my review by your deadline The Department will provide the City with comments when the review is complete If you have any questions please don't hesitate to contact me at 509 - 454 -7846. Ve ruly Yours, David C Dunn P.E Water Quality Program DCD•wv Ci NPDES Mandated Delegated Pretreatment Program Study Session INDEX INTRODUCTION • Transmittal Memo • City of Yakima Legal Letter • Ecology Letter • Joint Letter Between Ecology and the City of Yakima • Delegated SIU List and with SIC • SIU List with Permit Costs • MIU List PROPOSED LEGISLATION • Pretreatment Ordinance — Municipal Code 7 65 • Enforcement Response Plan • Permit Fees — Municipal Code 7 60 • Chapter 173 -224 WAC COMPLIANCE DOCUMENTS • Preliminary Industrial Waste Survey • Follow -Up Industrial Waste Survey • Wastewater Discharge Permit Application • Authorization to Discharge Application • Spill/Slugload Plan Requirements • Data Monitoring Report (DMR) — Blank MANDATING REGULATIONS • City of Yakima NPDES Permit/Fact Sheet • 40 CFR 403 SUPPORTING DOCUMENTS • Terrace Heights and Union Gap Special Agreement • Sample Fact Sheet/Wastewater Discharge Permit • Sample Authorization to Discharge • Sample Spill/Slugload Plan • Sample DMR HISTORY LETTERS • October 1993 Order No DE 93WQ -C492 • March 2000 NPDES Corrective Action Plan • June 2000 City of Yakima Legal Letter • June 2000 Preston Gates & Ellis Legal Letter For City Council Study Session November 4, 2003 Transmittal Memo To Honorable Mayor and Members of City Council From Dick Zais, City Manager Glen Rice, Assistant City Manager Doug Mayo, Wastewater Division Manager Max Linden, Wastewater Utility Engineer Scott Schafer, Environmental Analyst Introduction On June 1, 2003, the Department of Ecology (Ecology) reissued the City of Yakima's (City) National Pollutant Discharge Elimination System (NPDES) Permit. Effective June 15, 2003, Ecology fully delegated responsibility to the City to implement a Wastewater Pretreatment Program. The City is now responsible for wasting and issuing wastewater discharge permits to all significant industnal users (SIUs), for sampling, momtonng, and inspecting all SIUs and minor industnal users (MIUs) for compliance with the Program, maintaining adequate funds and equipment, and for enforcing Chapter 7 65 Sewer Use and Pretreatment Regulations of the City of Yakima's Municipal Code. As a result of full delegation, the following mandated changes require City Council action. 1 Amend Chapter 7 65 Sewer Use and Pretreatment Ordinance to authonze the Wastewater Division to issue wastewater discharge permits, authonzations to discharge, and other changes as mandated to meet the requirements of Federal and State regulations. 2 Adopt the Enforcement Response Plan (ERP) 3 Amend Chapter 7 60 Wastewater Collection and Treatment Rates and Charges to allow collection of permit fees. NPDES Permit The Clean Water Act of 1972 (Act) promulgated by the Environmental Protection Agency (EPA) is the statutory basis for the NPDES permit. Under the Act, all "point sources" are mandated to obtain a NPDES permit from EPA or their delegated State if they are discharging pollutants into the "waters" of the United States. The development of a delegated Pretreatment Program is mandated under the City of Yakima's NPDES permit. 1 The regulations for the Pretreatment Program are outlined in 40 CFR Part 403 which stands for Title 40- Protection of the Environment CFR- Code of Federal Regulations Part 403- General Pretreatment Regulations for Existing and New Sources of pollution. The objective of the Pretreatment Pram is to protect the publicly owned treatment works (POTW) from pollutants discharged by industnes that can cause equipment damage, interference of plant processes, or pass through into the receiving waters. Other objectives include improving opportunities to recycle and reclaim wastewater, to protect sludge disposal options, and to protect the health of the employees at the POTW. The objectives are achieved by regulating discharges from industnes using Federal, State, and local limits. Ecology has implemented effluent limits for certain metals (copper, lead, silver, and zinc) in the City's NPDES permit. The Permit provides a Compliance Schedule for the City to meet these new limits. Under the Compliance Schedule, the City must conduct a Metals Study to determine measures the City could implement to reduce metals discharges. Based on study results, the City may need to adjust its local limits for metals to meet the final effluent limits in the City's permit. Tightening local limits may impact some current business discharges Washington's water quality standards require that the effluent not cause toxic effects in receiving waters. The NPDES permit mandates the City of Yakima to conduct whole effluent toxicity test (WET) to monitor for toxic pollutants not commonly detected by other measures. The WET test uses live freshwater organisms called Cenodapnia dubia and monitors the survival and reproduction rates at vanous effluent concentrations. Acute and chronic WET tests are performed in order to detect if toxic material is present in the effluent and receiving waters in concentration levels that could have detnmental results to aquatic life downstream from the POTW At issue for the City with respect to the WET limits in its NPDES permit are discharges from fruit packers, as histoncally, toxicity issues at the City's POTW occurred dunng fruit processing months. Ecology mandates industnes to discharge any water containing fungicides and pesticides as land application only If toxicity is found through the WET tests, the City is mandated to investigate the source of toxicity, which may result in tighter limits being placed on certain business discharges, such as those from fruit packers. It is imperative that the Pretreatment Program monitors and enforces Federal, State, and local limits to industnes discharging in Yakima. The receiving waters must be safe guarded by the City of Yakima to be in compliance with the Endangered Species Act, as well as, the Fish and Wildlife Coordination Act. These are statues put in place to protect plant and animal resources from adverse effects due to development projects. By 2 momtonng today, work begins towards a cleaner environment, with the capacity, and the desired settings for potential industries looking to relocate, thus allowing a robust economic future for the City of Yakima. Background 40 CFR 403.8(a) mandates any publicly owned treatment works (POTW) with an average daily flow greater than 5 million gallons per day to develop a pretreatment program unless the NPDES delegated State exercises its option to assume local responsibilities as provided for in CFR 403.10 (e). In 1992, EPA sent Ecology a compliance order requinng them to increase delegation of pretreatment programs throughout Washington State. This included the City of Yakima. Compliance Order DE93WQ -C492 by the Department of Ecology was issued to the City of Yakima on October 13, 1993 The compliance order required the City to increase portions of its pretreatment program in order to "request" partial delegation. Inspecting and momtonng businesses would be the responsibility of the City of Yakima, while Ecology was responsible for enforcement actions, wntmg and managing permits, and the collection of permit fees. Dunng negotiations for the City's 1997 NPDES permit, Ecology mandated more requirements and responsibilities to the City of Yakima. Responsibilities such as completing an Industnal Waste Survey to determine which businesses were SIUs or MIUs. The City would then need to develop legal binding discharge authonzations (Letters -of Understanding) with each SIU Other responsibilities included notifying industnal users of pretreatment regulations, development of a Sewer Use Ordinance (SUO), development of local limits, and submission of an annual Pretreatment Report to Ecology All of these became a requirement for the City of Yakima, with no revenue stream to offset the additional expenses. The City of Yakima, according to Ecology, would remain partially delegated and carry out functions of a fully - delegated program without being allowed to collect permit fees The City of Yakima must recover costs associated with the Pretreatment Program in order to remain self - sufficient as mandated by EPA. Ecology issued NPDES permit number WA- 002402 -3 on September 8, 1997 to the City of Yakima. One condition of the permit mandated that the City's Pretreatment Program be required to request full delegation by July 1, 2000 Once the request for delegation was made, Ecology was required to respond within 60 days. Full delegation from Ecology was not expected until the permit was reissued in 2002. Delays with the permit caused Ecology to issue NPDES permit number WA- 002402 -3 to the City of Yakima on June 1, 2003 Full delegation was granted to the City effective June 15, 2003 The Pretreatment Program inhented 30 significant industnal users (SIU) from Ecology Wnting and issuing the permits for each SIU as well as enforcing any and all violations that may occur are totally new responsibilities for the City Enforcement includes wntmg an Enforcement Response Plan and if necessary, assessing civil action 3 s e' . a ff Yi such as administrative penalties and possible cnminal action to industnes that are found to be out of compliance with the City of Yakima's 1Vluriicipal Code The Pretreatment Program must enforce Federal, State, and local limits on discharges to the POTW, the most stnngent being defined as pretreatment standards under Section 307 (d) of the Clean Water Act. Duties also include momtonng and inspecting all significant industnal users (SIUs) and minor industrial users (MIUs) The City of Yakima has been involved in meeting these requirements since 1993, but did not have enforcement responsibility With full delegation, the Pretreatment Program presently has the responsibility to issue and manage 30 permits. In addition, the City has several other businesses classified as SIUs that were not delegated from Ecology The City will make a determination on whether to retain the businesses as SIUs and issue them permits, or to reclassify some of them to MIU status If these are retained, the City could be required to monitor 44 SIUs and approximately 530 MIUs. The number of minor mdustnal users is constantly changing which provides a challenge for administration of the Pretreatment Program. Staffing/Equipment Full delegation of the Pretreatment Program bnngs increased responsibility to the City of Yakima. Part of our NPDES permit requirement is for the City to maintain adequate staff, funds, and equipment to implement its Pretreatment Program. The Pretreatment Program staff currently consists of one supervisor, two crew leaders, and two pretreatment technicians. The October 2000 Facility Plan wntten by HDR, and adopted by council, indicates a need for 9 -14 individuals to handle the requirements of a fully delegated Pretreatment Program. The City believes the current staff level can manage and implement the program. The City will evaluate the need for additional employees only after sufficient time has elapsed to determine if additional staff is required to meet all of the requirements of the delegated program. Pretreatment will also implement a grease program in the near future. All POTWs implementing a fully - delegated Pretreatment Program, are mandated by EPA to have sufficient resources and qualified personnel to carry out the authorities and procedures. To implement the duties of the Pretreatment Program, two fully - equipped vans and up to 14 samplers are used. Equipment that is budgeted for replacement in 2004 consists of a van costing $40,000, four samplers with battenes, and a 5- station battery charger used to maintain the batteries at a cost of $8,500 The increase in responsibility of a fully delegated pretreatment program creates a corresponding increase in the amount of testing performed by the wastewater laboratory A large portion of the lab staff's time is dedicated to analyzing the samples collected by the pretreatment crew The City's NPDES permit requires all SIUs to be tested at least once per year by the City of Yakima. The remaining testing requirements for a facility can be performed by the City of Yakima, or by other State accredited labs at the discretion of the facility 4 The wastewater laboratory currently has two unfilled positions one lab technician and one chemist position. Hinng for both positions has recently been placed on hold, but the positions will remain open. The Wastewater Division will wait to see if there is a need to have these positions filled. It is the opinion of the Wastewater Division that it lacks the capability to perform all the required testing with the present laboratory and equipment. The Wastewater Division is monrtonng lab requirements and demands to determine if it is cost effective to do all of the tests in -house Changes to the Sewer Use and Pretreatment Ordinances The Wastewater Division is proposing several changes to the City of Yakima's Sewer User and Pretreatment Regulations (SUO) These changes are necessary to implement the City's fully - delegated Pretreatment Program, and include the following: 1 Industnal Waste Surveys 2 Wastewater Discharge Permits 3 Authonzations to Discharge 4 Enforcement Response Plan (ERP) Industrial Waste Surveys Starting immediately, the City Codes Department will issue "preliminary" industnal waste surveys (IWS) with all new business license applications. The IWS are used to determine whether or not a business requires to be classified as a MIU and be placed on the Pretreatment Program, requires to be issued a discharge permit and classified as a SIU, or is left alone without any further action since there exists "no discharge of concern." Pretreatment will determine if further information will be needed upon review of the completed surveys. If so, pretreatment will submit "follow -up" IW surveys to the businesses in question. The "follow -up" surveys are more in depth and thorough about chemical usage and discharge charactenstics. This process will allow the Pretreatment Division to constantly up -date the documentation on all the business in Yakima. It is required by EPA to up -date all IWS on mdustnes as needed to track existing discharger information and/or classification changes, as well as obtain information on new dischargers. Permits Each SIU that was delegated from Ecology will be issued a permit from the City of Yakima. Permits outline effluent limitations for each facility based on the combination of the City of Yakima's local limits, State, and possible categoncal standards promulgated from EPA. The more stnngent values of the three are what determine the limits. Not only are the effluent limits listed by the permit, but also the frequency of testing, data monrtonng report (DMR) schedules, Spill Prevention Plan requirements and due dates. The Pretreatment Program monitors all aspects of the permit. Duration of the permits is usually for five years. 5 i Authorization to Discharge A proposed plan is to issue "Authonzed to Discharge" letters to all MIUs and temporary dischargers The "Authonzed to Discharge" letters would be very similar to a permit, but would be based solely on the City of Yakima's local limits and would not require annual compliance inspections, public notice, and as frequent sampling. This would help each business understand its role in maintaining compliance with the City of Yakima's Sewer Use and Pretreatment Ordinance Temporary dischargers would also need an `Authorized to Discharge" letter before they would be allowed to discharge into the City's collection system. Normally, this would be a very limited discharge, but nonetheless, effluent limitations must be followed as set forth by the City of Yakima. Enforcement Response Plan As mandated by EPA, all POTWs with approved Pretreatment Programs must adopt and implement an Enforcement Response Plan (ERP). The ERP is a guidance document that provides a menu of graduated enforcement options to assist City personnel in deciding on appropnate enforcement actions. The purpose of the ERP is to ensure that dischargers that violate the City's Sewer Use and Pretreatment Ordinance are brought back into compliance in a consistent and timely manner Enforcement of pretreatment requirements is a critical component of the Pretreatment Program. Measures taken towards facilities are called Enforcement Response Actions (ERAs) ERAs were developed to occur in escalating order and to be used as deterrents. They range from a "Notice of Violation," to an "Emergency Suspension." Fines may be attached to any of the ERAs at the discretion of the Wastewater Manager Every situation must be carefully studied and dealt with fairly Changes to the Wastewater Collection and Treatment Rates and Charges Ordinances The issuance of permits requires the City of Yakima to amend its Wastewater Collection and Treatment Rates and Charges Ordinance in order to apply a permit fee for this service. Permit Fees Significant time is required to regulate the industnal dischargers of Yakima and to manage their permits. To offset some of the expenditures generated, fees will need to be charged for wnting and issuing permits The Pretreatment Program is proposing that permit fees be based on Ecology's annual fee schedule Chapter 173 -224 WAC The proposed fees are included in the enclosed ordinance 7 60 Sewer Rates. This would be the amount that businesses have been charged in the past for Ecology issued permits according to their category and volume. It is used by Ecology to cover the costs 6 associated with the issuance and administration of wastewater permits, such as processing the permit application, monitonng and evaluating compliance with the permit, conducting inspections, and reviewing plans and documents related to the Pretreatment Program. Ecology, in addition to the permit fee, requires the discharger to cover the publication cost of the public notice of their permit, and requires a "one- time" application fee that is equivalent to 25% of the dischargers permit fee or $250 which ever is greater All costs associated with, public notices, public heanngs, sampling and testing, follow -up inspections, and all post - violation charges and fees, will be additional charges issued to the discharger It is believed that this revenue source will be sufficient to offset the added costs to the Wastewater Division, however, costs and revenues will need to be clearly monitored to maintain fiscal stability for the program. 7 PRETREATMENT PROGRAM OVERVIEW September — October 2003 Minor Industrial User Accounts: Pretreatment has added the following accounts to the Pretreatment Program during this time penod. 1 AgroFresh (Agncultural Facility) 925 N 5th Ave 2 Ana Ghamban (Auto Shop) 1501 Fruitvale 3 Columbia Basin Railroad (Railyard) 905 S Railroad Ave 4 Wilson Middle School (Cooking facility on site) 5 Washington Middle School (Cooking facility on site) 6 Franklin Middle School (Cooking facility on site) 7 West Valley Junior High School (Cooking facility on site) 8 Colin Malone DDS (Dentist Office) 1417 Lakeside Crt. Pretreatment has deleted the following accounts from the Pretreatment Program dunng this time penod. 1 Kim Han Chol (Glesener's Market) 1326 S Fair Ave. 2 Lindeman Land Co (now is Payless Carpet) 2308 S 1 St. 3 Mike Abrams (Office building) 1425 Lakeside Crt. MIU account activity for 2003 Added MIU Accounts 29 Deleted MIU Accounts 15 Significant Industrial Users: Compliance inspections performed. Sept: 1 Evan's Fruit 4 U S Syntec 2 Rainier Plastic 5 Smith Aerospace 3 Voelker Fruit 6 Shields Bag & Printing Oct. 1 Holhngbery 2 Del Monte 3 Boise Cascade Spills Pretreatment traced a discharge that entered into a canal on 48 and Nob Hill and Randall Park back to Evans Fruit located at 50` and Tieton. The water was milky -white due to drencher water entenng into storm drains. Approximately 200 gallons of this solution was discharged and was due to a spill Ecology was notified and Pretreatment took preventative measures to reduce any more from entenng the drains. Grease Problems: Oct. Pretreatment with the help of collections, investigated a plugged 18" line between 15 and 16 Ave. on Mead. Walk - throughs were conducted at Taco Bell and Golden Coin restaurants, as well as, monitonng nearby man- holes. It appears as if an illegal dumping of grease was done in a remote alleyway Red Robin restaurant had extremely high BOD, TSS, and FOG values. FOG value was 804 mg/L. Pretreatment went to the facility and met with the manager Pretreatment will follow up to monitor their process to bnng them back into compliance WET Testing. Sept. Chronic WET Test The first sample was collected and the test initiated on the 2nd of September The test concluded September 9 with decreased survival and reproduction of the Ceriodaphnia dubia in all concentrations compared to control data. It was observed that microbial interference occurred due to organisms colonizing the deceased adult Ceriodaphnia dubia Mr Randall Marshall of the Department of Ecology was contacted as to how the City of Yakima should precede with follow -up testing. He stated that another chronic senes was to be initiated and that Amec Laboratory could filter the effluent sample from the City of Yakima before testing began. Mr Marshall stated that microbial interference could be due to the dry season or by other attributes and that more than likely, was an anomalous test result. The first sample of the follow -up chronic senes was collected and the test initiated on the 23rd of September The test concluded September 30` A side -by -side test was conducted using filtered and unfiltered effluent samples. The filtered sample was passed through a 60- micron membrane The test results concluded that there was a decrease in survival and reproduction of the Ceriodaphnia dubia at 100% effluent, but no effect was observed at any other concentrations levels. The City of Yakima has passed the chronic WET test due to the fact that there was no statistically significant difference iii test organism response between the chronic cntical effluent concentration (CCEC) 15 1% of the effluent, and the control. Oct. Acute WET Test The City passed the acute WET Test with little to no problems. As a result of pathogen interference, the Pretreatment Crew has implemented a maintenance schedule for replacing the tubing on the outfall sampler before every WET test series PRETREATMENT PROGRAM OVERVIEW November — December 2003 Minor Industrial User Accounts. Pretreatment has added the following accounts to the Pretreatment Program dunng this time penod Nov 1 Garfield Elementary School (Cooking Facility on site) 2 Barge Lincoln Elementary School (Cooking Facility on site) 3 Adams Elementary School (Cooking Facility on site) 4 McClure Elementary School (Cooking Facility on site) 5 Gilbert Elementary School (Cooking Facility on site) 6 Hoover Elementary School (Cooking Facility on site) 7 901 Pasta (Cooking Facility on site) 8 Arty's Tavern (Cooking Facility on site) 9 Boomers Bar and Grill (Cooking Facility on site) 10 Backwoods Cafe /Westfair LLC (Cooking Facility on site) 11 Crescent Place (Cooking Facility on site) 12 Max's Tavern (Cooking Facility on site) 13 Evies Restaurant (Cooking Facility on site) 14 Big Cheese Pizza/ Mercy Development 15 Michaels Sports Bar (Cooking Facility on site) 16 Some Bagels (Cooking Facility) 17 Asian Sensation, Yakima Mall (Cooking Facility) 18 Pizza Hut/ Gateway Center 19 Eagles Lodge (Cooking Facility) 20 Cocina Taquerra Mex (Catenng Service and have a Full Service Kitchen) Dec 1 Robertson School (Cooking Facility on site) 2 McKinley School (Cooking Facility on site) 3 Nob Hill Elementary School (Cooking Facility on site) 4 Ridgeview Elementary School (Cooking Facility on site) 5 Whitney Elementary School (Cooking Facility on site) Pretreatment has deleted the following accounts from the Pretreatment Program dunng this time penod. Nov 1 Ana Ghamban (Auto Shop) 1501 Fruitvale 2 George Zimmer (Auto Sale/Detail) 3 Crusin Coffee 4 Raymond Cyr (Former Dry Cleaning; now an Antique Shop) 5 House of England -Wayne Martin (Out of Business) MIU account activity for 2003 Added MIU Accounts 54 Deleted MIU Accounts 20 Significant Industrial Users. Compliance inspections performed. Nov 1 Inland - Joseph Fruit Company COMPLIANCE ISSUES Nov 1 Pretreatment met with Jennifer Wasley of Boise Cascade and Ryan Mathews of Fulcrum Environmental to discuss Boise Cascade's progress towards compliancy in a couple of areas. The first area dealt with storm drains connected to process lines that are discharged to the City of Yakima's POTW They have sent a lot of time figuring this out by performing dye tests and re- mapping the lines. They'have already covered a few of the drains, and are working to eliminate the rest. It was stated to Boise that the temperature of discharge #01 from their boiler blowdown shall be reduced. It is a concern to the City that the elevated temperatures are causing the collection system to erode and that the elevated temperatures may affect the biological systems of the POTW The elevated temperatures may also cause the City to violate its' permit with Ecology by discharging into the nver at temperatures higher than the set limit. Boise understood and suggested that they look into reusing the heat for themselves and by constructing a cooling tower The final issue discussed dealt with locating all of their water meters and checking to see which ones were still in operation and which ones could be eliminated. Utility Billings is working with Boise to map the meters out. Pretreatment will keep in close contact will utility billings and Boise Cascade. 2 Illegal hookup located at Cocina Taquena Mex 305 W Chestnut. The City of Yakima's Pretreatment Crew documented that a sewer cleanout has been converted to a storm drain and is periodically used to discharge wastewater from Taco Trucks at this facility Dec 1 Cintas was sent a warning letter due to a pH value of 11.28 from a grab sample. They are to monitor their pH and fax the values to the Pretreatment office daily until further notice Spills: Nov A spill was reported at 16` and Summitview draining into a storm dram at about 5 30 p.m. Nov 12th. Ecology was notified and amved on scene with the fire department. Pretreatment contacted the fire department for further information. It was stated that about 5 -10 gallons of an unknown acid had fallen off a paint truck and was draining into a storm drain. Vapors had been emitting from the spill. Stated that everything was under control and that no further assistances was needed and that Ecology was at the scene. Grease Problems. Nov 1 FOGs were pulled at Track 29 at manhole# E28MH38 Pictures were taken of the grease build -up at this site. It was last cleaned on 4/28/03 Collections' will clean this out again. Test results indicated a FOG value of 36,520 mg/L 2 FOG was pulled at Seneca. Test results indicated a FOG value of 1,350 mg /L A warning letter was sent. 3 FOG was pulled at McDonald's on at 5910 Summitview Test results indicated a FOG value of 190 mg/L A warning letter was sent. 4 FOG was pulled at Casino Canbbean. Test results indicated FOG values of 230 mg/L and 410 mg /L A warning letter was sent. TEMPORARY DISCHARGES Nov An "Authonzatton to Discharge" was issued to Cascade Natural Gas Site Located South of Del Monte Near Railroad Tracks 40-35' 522" N 120 30' 288" W (GPS) Clean Up of Supernatant From Abandoned Coal Tar Tank From Former Coal Gas Producing Plant Amount Discharged. 10,000 gallons SPECIAL CONDITIONS 1 Discharge to be metered out not to exceed 50 gpm as not to cause a slugload discharge which could disrupt normal wastewater service. 2 Supernatant shall be treated prior to discharge, such that the discharge does not exceed the set limit of 300 mg /L of total suspended solids 3 Discharge will not be allowed until after 1.00 p.m. on Fnday November 7 WET TESTING Nov Chronic WET Test The City of Yakima has passed the chronic WET test due to the fact that there was no statistically significant difference in test organism response between the chronic cntical effluent concentration (CCEC) 15 1% of the effluent, and the control. CITY OF YAKIMA ,, ''t WASTEWATER DIVISION 2220 East Viola Yakima, Washington 98901 " Phone 575 -6077 • Fax (509) 575 -6116 C � R �ORATF.n ,9 November 20, 2003 Mr Robert Wick Seneca Foods Corporation 2418 River Rd. Yakima, WA 98902 -1131 Dear Mr Wick, This letter is to inform Seneca that the amount of grease being discharged from its facility is excessive and immediate steps must be taken to reduce the grease concentration going into the City's sewer system. The analysis of wastewater taken at 2418 River Rd. performed on 11/18/03, revealed a concentration level of 1350 mg/L of hexane extractable material. Seneca's permit limit is 100 mg/L. This concentration is in violation of the City of Yakima's Sewer Use and Pretreatment Regulations Section 7 65 060 B (7) of the Yakima Municipal Code 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 on n in amounts that will cause interference or pass through, or any suance which may solidify or become discernibly viscous at temperatures above zero degrees Centigrade (0 degree C) (32 degrees F) This letter will serve as an official warning You must take immediate action to reduce the concentration of grease from the Seneca facility into the City of Yakima's wastewater system to avoid enforcement actions and possible fines Please submit a report to our office, by 12/5/03 that includes a timeline and the corrective actions to be taken by Seneca to come into compliance with the City of Yakima's Municipal Code If you have any questions, please contact me at 575 -6077 Sincerely, Scott Schafer Environmental Analyst cc Doug Mayo, Wastewater Division Manager Yakima t�a1 NI-AmorkRan ' 11 1! 1994 Dec 05 2003 13 33 Seneca Foods Corporation 509 - 45' 7 - 8959 p 2 C COMPANY Seneca Snack Company December 5, 2003, 2003 To: Scott Schafer Environmental Analyst City of Yakima Wastewater Division 2220 East Viola Yakima, Washington 98901 Re: Response to notification of concentration level of 1350 mg/L of hexane extractable material in wastewater sample taken on 11/18/03 at Seneca Snack plant located at 2418 River Rd. Yakima, Washington. Dear MI Schafer, Seneca 5.nack Company's timeline and corrective action to be taken to bring the level of hexane extractable material in plant wastewater discharged to the city within the permitted limit of 100 mg/L is as follows Install o a DAF at the Yakima plant was completed October 29, 2003. The DAF unit was installed to control TSS, BOD and FO(C, levels in our plant wastewater being discharged into the Yakima city sewer system. While the system is working well we have been experiencing start -up problems over the past month as we work with World Pater Works, the equipment manufacturer, to determine and set optimum control points for monitoring and managing wastewater levels within permitted limits. On 11/1/103, the date of the above sample, the probe that monitors flow through the system malfunctioned and shut down the chemical pumps that control injection of chemicals for binding and removing oil from the wastewater World Water V ork's technician was in the Yakima plant this past week, December 1'` through December 4'", resolving this issue ant, other start -up problems. Analysis of wastewater samples taken by Seneca Foods over the past month showed the following hexane extractable material levels October 29, 2003 8 mg /L October 30, 2003 228 mg /L November 19, 2003 400 mg /L November 20, 2003 45 ntglL The system should be operating correctly as of December 5, 2003 and Seneca Foods will continue to pull samples and monitor to assure levels stay within permitted limits. Please continue to notify Seneca Foods of all results from analysis of samples taken by the City of Yakima Wastewater Division, both results within and outside permitted levels. Sincereli , li.... 4 6 , - )... ames F McClelland Presiden Seneca Snack Company 2418 River Road • Yakima, WA 98902 -1131 (509) 457 -1089 • FAX (509) 457 -8959 www.senecafoods.com c)` ••Y-9 "w CITY OF YAKIMA AC • ti WASTEWATER DIVISION ,. 2220 East Viola :� �{ ton 98901 1V: Yakima Washin g ^°e Phone 575 -6077 • Fax (509) 575 -6116 �RPOgATED December 5, 2003 Mr James McClelland President Seneca Snack Company 2418 River Road. Yakima, WA. 98902 -1131 Dear Mr McClelland, This letter is to confirm the fact that the City of Yakima received Seneca's wntten response by the required due date regarding the elevated fat, oil, and grease (FOG) concentrations being discharged at this facility Additional sampling of FOGs will be carved out to monitor Seneca's progress. Results obtained by the City, will be forwarded to Seneca. By working together, it is hoped that compliancy will be reached as soon as possible The City of Yakima appreciates the effort that Seneca has shown in being a responsible industnal discharger If you have any questions, please feel free to call me at 575 -6077 Sincerely, \\., Scot c afe Environmental Ana yst cc Doug Mayo, Wastewater Division Manager Yakima ,a,r '1 1994 CITY OF YAKIMA COUNCIL MEETING SIGN -IN SHEET DATE. I I -4 -o 3 TIME. - 7: 30 a.,m PLEASE PRINT NAME SUBJECT ORGANIZATION /ADDRESS /E -MAIL 11 14 1i` / iv /;) e - �Gi� r i�� �-c r , �'/�C 7" ( (/ /z O►c.Ki v.)€ it � s �c Co , \N-\/- t CJ\ < IDaud2_ v G 1cA- &i-ocous Cgo \)010. 0,0,fe ■ 11 Ln cuo bYr moo . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ;-D- For Meeting Of December 16, 2003 ITEM TITLE Request for Council Action due to the Mandated Delegated Industnal Pretreatment Program Promulgated by the City's National Pollution Discharge Elimination System (NPDES) Permit. SUBMITTED BY Glenn Rice, Assistant City Manger Doug Mayo, Wastewater Manager Max Linden, Wastewater Utility Engineer Scott Schafer; Environmental Analyst CONTACT PERSON/TELEPHONE Doug Mayo 575 -6077 Max Linden 575 -6077 Scott Schafer 575 -6077 SUMMARY EXPLANATION The NPDES Mandated Delegated Industrial Pretreatment Program was the subject of a Council Study Session on November 4, 2003 On June 1, 2003, the Department of Ecology (Ecology) reissued the City of Yakima's (City) National Pollutant Discharge Elimination System (NPDES) Permit. Effective June 15, 2003, Ecology fully delegated responsibility to the City to implement a W astewater Pretreatment Program The City is now responsible for writing and issuing wastewater discharge permits to all significant industrial users (SIUs), for sampling, monitoring, and inspecting all SIUs and minor industrial users (MIUs) for (continued) Resolution 0 Ordinance 2 Other (Specify) Motion Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Staff respectfully requests City Council to 1) Amend, by ordinance, Chapter 7 65 Sewer Use and Pretreatment Ordinance, and 2) Adopt, by motion, the Enforcement Response Plan (ERP), and 3) Amend, by ordinance, Chapter 7 60 Wastewater Collection and Treatment Rates and Charges Ordinance BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION (A) Ordinance passed. ORDINANCE NO 2003 -74 (adopting the pre - treatment program) (B) Mandatory Enforcement Response Plan was adopted. (C) Ordinance passed. ORDINANCE NO 2003 -75 (wastewater rates /charges) (Continued from front page) compliance with the Program, maintaining adequate funds and equipment, and for enforcing Chapter 7 65 Sewer Use and Pretreatment Regulations of the City of Yakima's Municipal Code As a result of full delegation, the following mandated changes require City Council action 1 Amend Chapter 7 65 Sewer Use and Pretreatment Ordinance to authorize the Wastewater Division to issue wastewater discharge permits, authorizations to discharge, and other changes as mandated to meet the requirements of Federal and State regulations 2 Adopt the Enforcement Response Plan (ERP) 3 Amend Chapter 7 60 Wastewater Collection and Treatment Rates and Charges to allow collection of permit fees 40 CFR 403 8(a) mandates any publicly owned treatment works (POTW) with an average daily flow greater than 5 million gallons per day to develop a pretreatment program unless the NPDES delegated State exercises its option to assume local responsibilities as provided for in CFR 403 10 (e) With full delegation, the Pretreatment Program presently has the responsibility to issue and manage 30 permits In addition, the City has several other businesses classified as SIUs that were not delegated from Ecology The City will make a determination on whether to retain the businesses as SIUs and issue them permits, or to reclassify some of them to MIU status If these are retained, the City could be required to monitor 44 SIUs and approximately 530 MIUs The number of minor industrial users is constantly changing which provides a challenge for administration of the Pretreatment Program Amendments to Chapter 7.65 Amendments to Chapter 7 65 are necessary to implement the City's fully delegated Pretreatment Program, and include the following 1 Industrial Waste Surveys 2 Wastewater Discharge Permits 3 Authorizations to Discharge Industrial Waste Surveys The City Codes Department will issue "preliminary" industrial waste surveys (IWS) with all new business license applications The IWS are used to determine whether or not a business requires to be classified as a MIU and be placed on the Pretreatment Program, requires to be issued a discharge permit and classified as a SIU, or is left alone without any further action since there exists "no discharge of concern " Pretreatment will determine if further information will be needed upon review of the completed surveys If so, pretreatment will submit "follow -up" IW surveys to the businesses in question The "follow -up" surveys are more in depth and thorough about chemical usage and discharge characteristics This process will allow the Pretreatment Division to constantly up -date the documentation on all the business in Yakima It is required by EPA to up- date all IWS on industries as needed to track existing discharger information and /or classification changes, as well as obtain information on new dischargers Permits Each SIU that was delegated from Ecology will be issued a permit from the City of Yakima Permits outline effluent limitations for each facility based on the combination of the City of Yakima's local limits, State, and possible categorical standards promulgated from EPA The more stringent values of the three are what determine the limits Not only are the effluent limits listed by the permit, but also the frequency of testing, data monitoring report (DMR) schedules, Spill Prevention Plan requirements and due dates The Pretreatment Program monitors all aspects of the permit. Duration of the permits is usually for five years Authorization to Discharge "Authorized to Discharge" letters will be issued to all MIUs and temporary dischargers The "Authorized to Discharge" letters would be very similar to a permit, but would be based solely on the City of Yakima's local limits and would not require annual compliance inspections, public notice, and as frequent sampling This would help each business understand its role in maintaining compliance with the City of Yakima's Sewer Use and Pretreatment Ordinance Temporary dischargers would also need an 'Authorized to Discharge" letter before they would be allowed to discharge into the City's collection system Normally, this would be a very limited discharge, but nonetheless, effluent limitations must be followed as set forth by the City of Yakima Adoption of the Enforcement Response Plan As mandated by EPA, all POTWs with approved Pretreatment Programs must adopt and implement an Enforcement Response Plan (ERP). The ERP is a guidance document that provides a menu of graduated enforcement options to assist City personnel in deciding on appropriate enforcement actions. The purpose of the ERP is to ensure that dischargers that violate the City's Sewer Use and Pretreatment Ordinance are brought back into compliance in a consistent and timely manner Enforcement of pretreatment requirements is a critical component of the Pretreatment Program Measures taken towards facilities are called Enforcement Response Actions (ERAs) ERAs were developed to occur in escalating order and to be used as deterrents They range from a "Notice of Violation," to an "Emergency Suspension " Fines may be attached to any of the ERAs at the discretion of the Wastewater Manager Every situation must be carefully studied and dealt with fairly Amendment to Chapter 7 60 The issuance of permits requires the City of Yakima to amend Chapter 7 60 Wastewater Collection and Treatment Rates and Charges Ordinance in order to apply a permit fee for this service Significant time is required to regulate the industrial dischargers of Yakima and to manage their permits To offset some of the expenditures generated, fees will need to be charged for writing and issuing permits The Pretreatment Program is proposing that permit fees be based on Ecology's annual fee schedule Chapter 173 -224 WAC The proposed fees are included in the enclosed ordinance 7 60 Sewer Rates This would be the amount that businesses have been charged in the past for Ecology issued permits according to their category and volume It is used by Ecology to cover the costs associated with the issuance and administration of wastewater permits, such as processing the permit application, monitoring and evaluating compliance with the permit, conducting inspections, and reviewing plans and documents related to the Pretreatment Program All costs associated with, public notices, sampling and testing, follow -up inspections, and all post - violation charges and fees, will be additional charges issued to the discharger As mandated by EPA, the City of Yakima must recover costs associated with the Pretreatment Program in order to remain self - sufficient. NPDES Mandated Delegated Pretreatment Program Session INDEX Please Bring Information From Pretreatment Stud ■ Session Held On November 4, 2003 PROPOSED LEGISLATION • Transmittal Memo • Agenda Statement • Sewer Use and Pretreatment Ordinance — Municipal Code 7 65 • Enforcement Response Plan • Permit Fees — Municipal Code 7 60 • Chapter 173 -224 WAC SAMPLE APPLICATIONS FOR INFORMATION ONLY • Wastewater Discharge Permit Application • Authonzation to Discharge Application PRETREATMENT OVERVIEW • Letter to Significant Industnal Users • Letter to Union Gap • Letter to Terrace Heights • Letter to Ecology • Response Letter from Ecology • Pretreatment Study Session Memo • Pretreatment Sept /Oct • Pretreatment Nov /Dec • Grease Letter and Response • Council Sign -In Sheet from Pretreatment Study Session For City Council Session December 16, 2003 Transmittal Memo To Honorable Mayor and Members of City Council From Dick Zais, City Manager Glen Rice, Assistant City Manager Doug Mayo, Wastewater Division Manager Max Linden, Wastewater Utility Engineer Scott Schafer, Environmental Analyst Introduction Effective June 15, 2003, the Department of Ecology (Ecology) fully delegated responsibility to the City of Yakima (City) to implement a Wastewater Pretreatment Program. As a result, a Pretreatment Study Session was held with City Council on November 4, 2003 The Wastewater Division outlined the mandated responsibilities of the fully delegated Pretreatment Program The City is now responsible for writing and issuing wastewater discharge permits to all significant industnal users (SIUs), for sampling, monitonng, and inspecting all SIUs and minor industnal users (MIUs) for compliancy with the Program, maintaining adequate funds and equipment, and for enforcing Chapter 7 65 Sewer Use and Pretreatment Regulations of the City of Yakima's Municipal Code. The Study Session presented the following mandated changes that required City Council action 1 Amend Chapter 7 65 Sewer Use and Pretreatment Ordinance to authorize the Wastewater Division to issue wastewater discharge permits, authonzations to discharge, and other changes as mandated to meet the requirements of Federal and State regulations 2 Adopt the Enforcement Response Plan (ERP) 3 Amend Chapter 7 60 Wastewater Collection and Treatment Rates and Charges to allow collection of permit fees The Wastewater Division is presenting this information with additional slight changes hi- lighted in gray, before City Council for final approval Public Notification Notification of the Pretreatment Study Session was made to all of the delegated SIUs. It was outlined to them that the following areas would be addressed 1 1 Delegation of the Pretreatment Program from Ecology to the City of Yakima. 2 Permit and Authonzation to Discharge Requirements 3 Pretreatment Ordinance Changes 4 Permit Fees Union Gap, Terrace Heights, and Ecology were also notified of the Stud\ Session. The following individuals attended the Pretreatment Study Session held on Tuesda\ November 4, 2003 at 7 30 a.m at Yakima's City Hall Council Chambers 1 Mr Tim Gavin of Pactiv Corporation 2 Ms Vicki Welch of Hops Extract Corporation 3 Mr Phil Lamb of Union Gap 4 Mr Dave Haun of Snokist Growers 5 Mr Leo Valladares of Longview Fibre Company Special Agreement It was made clear that the City of Yakima's Sewer Use Ordinance was in the process of being revised in a letter written to Union Gap, Terrace Heights, and Ecology The Special Agreement entered on July 10, 2000 between the City of Yakima, Union Gap, and Terrace Heights mandates that the City of Yakima forward a copy of the proposed revisions to Union Gap and Terrace Heights for review Both Union Gap and Terrace Heights will provide any comments on the revisions within thirty (30) days of receipt of the City's proposed revisions For finalizing the revision, comments would be taken into consideration by the City Upon completion of any revisions to its Sewer Use Ordinance, the City of Yakima is mandated to forward a copy of the finalized revisions to Union Gap and Terrace Heights Both Union Gap and Terrace Heights must adopt the revisions to its sewer use ordinances that are at least as stnngent as those adopted by the City Copies of Union Gap and Terrace Heights' proposed revisions must be forwarded to the City within forty -five (45) days of receipt of the City's revisions. Adoption of the revisions shall be granted within forty -five (45) days of receiving approval from the City of Yakima. Public Comments The public comment penod of thirty (30) days came and went without any comments from the industnes or Union Gap and Terrace Heights As a result, the finalized revision upon approval by City Council will be forwarded to Union Gap and Terrace Heights for adoption into their sewer use ordinance Ecology responded by stating that due to their current workload, they are unable to complete a review of the proposed revisions by the deadline Comments will be provided when the review is completed. 2 Revisions of the Discharge Applications Revisions were made pertaining to the consent forms outlined in the wastewater permit and authonzation to discharge applications The following statement was added. In the event any discharger declines to allow access to the discharger's premises for inspection, monitoring, or sampling, the Wastewater Manager shall not enter such premises without first obtaining a dull, issued judicial warrant City Councilman Clarence Barnett requested the statement to be included with the consent form due to the legal ramifications that could impinge on the City if this was not clearly defined Revision of the Cost of Public Hearings A revision was made as to who was responsible for the cost of holding a public hearing pertaining to the issuance of a wastewater discharge permit to a SIU At the Pretreatment Study Session, the Wastewater Division proposed that the cost of the public hearing be charged to the SIU Councilman John Puccenelli discussed that the City Council was not in favor of this decision, for it was not fair to the industry if a concerned citizen was requesting the hearing Mr Puccenelli felt that it was the responsibility of the City to absorb the cost while protecting the concerns of the people of Yakima The cost of holding a public hearing on the issuance of a wastewater discharge permit will be paid by the City of Yakima Grease Program Areas containing high concentrations of grease in the collection pipes are known as "hot spot s," and are being addressed by the Pretreatment Department as these areas are uncovered City Councilman John Puccenelli mentioned and pushed for the prohibition of garbage disposals Mr Puccenelli stated that his years in the restaurant business, lead him to believe that the removal of garbage disposals would benefit the City, as well as the business or residential dwelling from clogging of the collection pipes with grease and food particles It would also lessen the strong waste some businesses are being charged for due to high biochemical oxygen demand (BOD) and total suspended solids (TSS) concentrations that are present in their waste streams It is the intent of the Pretreatment Department to have a grease program, which educates the business industries and the residential sector of Yakima of proper grease 3 disposal Costs and problems associated with high concentrations of grease in the collection pipes will also be a part of the program The Pretreatment Department will focus more intensely on implementing a grease program next spring and will bring forth to City Council proposed legislation 4 NPDES Mandated Delegated Pretreatment Program Session INDEX Please Bring Information From Pretreatment Study Session Held On November 4, 2003 PROPOSED LEGISLATION • Transmittal Memo • Agenda Statement • Sewer Use and Pretreatment Ordinance — Municipal Code 7 65 • Enforcement Response Plan • Permit Fees — Municipal Code 7 60 • Chapter 173 -224 WAC SAMPLE APPLICATIONS FOR INFORMATION ONLY • Wastewater Discharge Permit Application • Authorization to Discharge Application PRETREATMENT OVERVIEW • Letter to Significant Industrial Users • Letter to Union Gap • Letter to Terrace Heights • Letter to Ecology • Response Letter from Ecology • Pretreatment Study Session Memo • Pretreatment Sept /Oct • Pretreatment Nov/Dec • Grease Letter and Response • Council Sign -In Sheet from Pretreatment Study Session 11/04/03 8.47 AM 11-42 _1M1 PM 10/28/03 ORDINANCE NO. c 2003— AN ORDINANCE relating to public services and utilities. providing authority to implement and enforce a fully delegated wastewater pretreatment program. including the issuance and enforcement of wastewater discharge permits, providing accurate references to administrative officials and divisions of the City of Yakima. Deleting Sections 7 65 100; Adding Sections 7 65 165, 7 65 184, 7 65185, \nlnicndln <_Anitndin" Sections 7 65 010, 7 65 020, 7 65 040, 7 65 050, 7 65 060, 7 65 080, 7 65 090, 7 65 120, 7 65 130, 7 65 140, 7 65 160, 7 65 180, 7 65 190, 7 65 195, 7 65.240, 7 65.280, 7 65.350, 7 65.380, 7.65 400, and providing for relating 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 industrial 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 -201 A WAC, and 173 -240 WAC and the City's National Pollution Discharge Elimination System Permit ( "NPDES Permit "), and WHEREAS, the City has implemented, and received authonty from the Washington State Department of Ecology ( "Ecology ") for, a fully delegated pretreatment program, including issuance of wastewater discharge permits to mdustnal dischargers and the authonty to enforce such permits, and WHEREAS Yakima Municipal Code Chapter 7 65 requires certain amendments to constitute sufficient legal authority for it's fully delegated wastewater treatment program, 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. 1 11/04/03 8.47 AM11:42 AM1:37 PM Title 7 PUBLIC SERVICES AND UTILITIES Chapter 7.65 SEWER USE AND PRETREATMENT REGULATIONS Part 1 General Provisions 7.65.010 Purpose and policy. 7.65.015 Administration. Part 2. Definitions 7.65.020 Definitions. Part 3. Public Sewer Use Requirements 7.65.030 Use of public sewers required. 7.65.040 Private wastewater disposal. 7.65.050 Building Sewers and connections. Part 4. Pretreatment Standards and Requirements 7.65.060 Pretreatment standards and requirements. 7.65.070 Limitations on wastewater strength. 7.65.080 Slugload or accidental discharges. 7.65.090 Pretreatment facilities. Part 5. Fees 7.65.110 Rates, charges and fees. Part 6. Administration, Reporting and Monitoring 7.65.120 Industrial dischargers. 7.65.130 Industrial discharger identification and data disclosure. 7.65.140 Reporting requirements for industrial dischargers. 7.65.150 Monitoring equipment. 7.65.160 Inspection and sampling. 7.65.165 Vandalism. 7.65.170 Confidential information. Part 7 Wastewater Discharge Permits 7.65.180 Wastewater discharge permit and authorization determination. 7.65.184 Wastewater discharge authorization required. 7.65.185 Wastewater discharge permit required. 2 11/04/03 8.47 AN-111 .\N11 PM 7.65.190 Wastewater discharge permitting process. 7.65.195 Wastewater discharge permit contents, transfer and modification. 7.65.198 Revision of the wastewater discharge permit program. Part 8. Administrative Enforcement 7.65.200 Notification of violation. 7.65.210 Consent orders. 7.65.220 Compliance orders. 7.65.230 Cease and desist orders. 7.65.240 Administrative fines. 7.65.250 Recovery of costs incurred by the City. 7.65.260 Emergency suspension of treatment services. 7.65.270 Termination of treatment services. 7.65.280 Administrative hearing.. 7.65.285 Appeal to the City council. 7.65.290 Judicial review. 7.65.300 Publication of enforcement actions. 7.65.310 Performance bonds and liability insurance. 7.65.320 Operating upsets. 7.65.330 General /specific prohibitions. 7.65.340 Bypass. 7.65.350 Records retention. Part 9. Judicial Enforcement 7.65.360 Judicial remedies. 7.65.370 Injunctive relief. 7.65.380 Civil penalties. 7.65.390 Falsifying information. 7.65.400 Criminal penalties. 7.65.410 Remedies nonexclusive. Part 10. Additional Provisions 7.65.420 Septage and liquid waste hauling requirements. 7.65.430 Regulations. 7.65.440 Severabilitv. 3 11/04/03 8.47 AM l 1:12 AM l :37 PM 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) - • - - -•• o 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) This chapter shall apply to all users of the POTW The objectives of this chapter are the following: 1 To promote the health, safety and welfare of those persons within the City's sewer system service area__bt requiring use of the POTIA 2. To ensure proper and safe connections to the POTW, 3 To prevent the introduction of pollutants into the POTW that could wt-I interfere with the normal operation of the POTW 4 To prevent the introduction of pollutants into the POTW of-pollutants that would not receive adequate treatment in the POTW and whichthat 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 biosolids from the POTW is maintained at a level which allows its utilization and beneficial reuse in compliance with applicable statutes and regulations, 6 To protect POTW personnel who may be affected by wastewater and biosolids in the course of their employment and to protect the general public; 7 To improve the opportunity to recycle and reclaim wastewater and biosolids from the POTW, and 8 To enable the City to comply with its NPDES permit conditions, biosolids utilization and beneficial reuse 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 authonzes momtonng, compliance, and enforcement activities, establishes admimstrative review procedures; and requires discharger reporting. This chapter also authonzes the City s Wastewater Division to issue and enforce wastewater discharge pee - tpermits. 4 11/04/03 8.47 AM 1 1:12 AM 1-? 7 PM \A ith the issuance of the Cit\ s June 15..200 3 1PDES Permit. the Washington State Department of Ecology fully delegateds, to the City, a wastewater pretreatment program pursuant to 40 CFR Part 403 and WAC Chapter 173 -208 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 b■ industnal dischargers. m proportion to their use of the POTW which are the subject of separate enactments. (Ord. 2000 -19 § 1, 2000 Ord. 3491 § 2 (part). 1992) 7 65 015 Administration. Except as otherwise provided, the Wastewater Manager shall administer, implement, and enforce the provisions of this chapter Any powers granted to or duties imposed upon the Wastewater Manager may be delegated by the Wastewater Manager to other City personnel (Ord. 2000 -19 § 2, 2000) 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 e 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 stnngent in a given situation. "Authonzed representative" means a. If the industnal discharger is a corporation, the president, secretary, treasurer or a vice- president of the corporation in charge of a pnncipal business function, or any other person who performs similar policy or decision - making functions for the corporation, or the manager of one or more manufactunng, production or operation facilities employing more than two hundred fifty persons or having gross annual sales or expenditures exceeding twenty-five million dollars (in second- quarter 1980 dollars), if authonty to sign documents has been assigned or delegated to the manager in accordance with corporate procedures, b If the industnal discharger is a partnership or sole propnetorship, 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 authonzed representative if the authonzation is in wnting, the 5 11/04/03 8.17 AM4:42 AM1 DMA authonzation specifies the individual or position responsible for the overall operation of the facility from which the discharge ongmates or having overall responsibility for environmental matters for the company, and the written authonzation is submitted to the City "Backwater valve" means a device . • - - - • - - - - ' • • • ' - - - installed in a drainage s\ stem to pre\ ent reti erse flo1\ "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 m milligrams per liter (mg/-) "Building dram" means that part of the lowest horizontal piping of a drainage system which receives the discharged from ,oil. wastewater from and other drainage pipe:. inside the walls of the building and conveys it to the Building Sewer connection, beginning five (5) feet outside the inner exterior face of the building wall. "Building Sewer" means that part of the horizontal pipinue of a drainaue system. which e\tends from the end - . - - - - ; of the building: dram and which recei\ es the discharge from the huildinu dram. con\ e\ in2 11 10 the public se\Aer. be�ginnin`_ fiyc feet outside the inner fac f the bui "Bypass" means the intentional diversion of wastestreams from any portion of an mdustnal discharger's treatment facility "Categoncal pretreatment standards or categoncal 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 mdustnal dischargers and which appear m 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 authonzed deputy, agent or representative. " .. - - . - . Code Administration and Planninil Mana <uer" means the director and authonzed representatives of the department of eC ommunity and eEconomic dDevelopment 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 6 11/04/03 8.17AM11:42AM1 "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 becaemes fully authonzed, 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 - earned 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 "mdustnal discharger" specifically includes the owner or operator of a - - , .. - . . commercial businesses that discharge .. astewater other than domestic IA aste\\ ater. Discharge Authorization means the written permission.from the ■\ aste..ater Manager for lone term. short term. or temporar. discharges into the Cit. s POD b. 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 or other discharger carrying human waste, kitchen, bath and laundry waste, and housekeeping matenals 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 appropnate, the term may also be used as a designation for the regional water management division director or other duly authonzed official of said agency "Existing discharger" or "existing user" means any cal-user discharger which was discharging wastewater pnor to the effective date of this chapter "Existing source" means any source of discharge of wastewater, the construction or operation of which commenced pnor to the publication of proposed categoncal pretreatment standards which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. "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 7 11/04/03 8.47 AM 11:42 AM1:37 PM "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. preparation. cooking and serving of foods.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 wastestream without regard to the floe ed in the wastestream and over a penod 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 -- industnal discharger or user," as defined above. "Industrial sewer" means a drain or sewer which carves industrial wastewater only, as distinct from "process sewer," "sanitary sewer" or "storm sewer " "Industrial wastewater" means water or liquid -camed waste from any industnal, 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 8 11/04/03 8.47 AM11 AM1:37 PM 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 m 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 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 nondomestic discharger that meets one or more of the following cntena. a. Discharges wastewater which meets, at least, one of the following cntena. (1) Daily average process wastewater flows exceed five thousand gallons per day, but not more than twenty -five thousand gallons per day (excluding sanitarydomestic 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 categonzed 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 9 11/04/03 8.47 .AM 1 1:12 AM 1:37 PM wastewater will be considered an existing discharger or existing user if no significant changes are made in the manufactunng 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 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 cntena 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 u Sigmficant site preparation work including cleanng, 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 matenal, 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 an discharger other than a domestic discharger (i.e. an industrial discharger or user). Non - residential domestic discharger or user means an domestic dischargers other than single famdl\ or multifamily residential discharger or users. 10 11/04/03 8.47 AM 1 1:12 :AN11 7 PM "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 industnal 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 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 or its collection sy stem which, if discharged directly, would alter the chemical, physical, thermal, biological or radiological integnty of the water of the state, or would or be likely to create a nuisance or render such waters harmful, detrimental or injunous 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 spoil, solid waste, incinerator residue, sewage, garbage, sewage biosolids, munitions, medical wastes, chemical wastes, industrial wastes, biological matenals, radioactive matenals, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agncultural 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 11 11/04/03 8.47 AMI 1:12 AMI:37 PM devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or mdustnal 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 m wastewater to a less harmful state pnor 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 - .. - - •• - - • - ether than a pretreatment standard. "Pretreatment standard" means discharge standards, categorical pretreatment standards and local limits. "Pnvate 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 onginates 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 dram or sewer which carries process wastewater only, as distinct from industrial sewer, sanitary sewer and storm sewer "Process wastewater" means water or liquid -carved waste discharged from one or more industrial, manufactunng, trade or business practices or from the development, recovery or processing of natural resources. Process wastewater does not include domestic waste or noncontact coolmg water Process wastewater may refer to one process discharge or several commingled process discharges. "Prohibitive discharge standard" means any regulation developed under the authonty 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 charactenstics 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 authonty 12 11/04/03 8.47 AMI1:12 AMI:37 PM Residential D«chariier or user means a simile famll\ or multi- famil' residential customer onl' that dischanies domestic v ■aste\vater to the POT\\ "Sanitary sewer" means a drain or sewer which carnes sewage, as distinct from industnal sewer, process sewer and storm sewer Sanitary sewers may carry industnal wastewater or process wastewater commingled with domestic wastewater "Septage" or "septic tank waste" means, but is not limited to, septic tank pumping. portable toilet pumpings, sump pumpings, camper and trailer pumpings, food sen ice "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 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. "Sewage" means water -carved human wastes or a combination of water -carved wastes from residences, business buildings, institutions and industnal 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 "Significant mdustnal discharger or user" (SIU) means an-i-Rillistr-falnondomestic user of the POTW who a. Is subject to categoncal pretreatment standards, or b Discharges an average of twenty -five thousand gallons per day or more of process wastewater to the POTW (excluding domestic astewwater- and noncontact cooling water ).. - e :: - - - - - . or c Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or 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 i strralnondomestuc user meeting the criteria of subparagraph b, c. or d has no reasonable potential for adversely affecting the POTW's operation or for 13 11/04/03 8.47 AM-1-4-42-4084-1÷3-7-PM 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-ifiEltistizialnondomestic user and in accordance with procedures in 40 CFR 403 8(0(6), determine that such user should not be considered a significant industrial user "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 of the capacity of the available trunk sewer, whichever is greater "Standard Industnal 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 dram) means a dram or sewer which carries storm and surface waters and dramage, but from which domestic wastewater, industnal 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 (TSSI" 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 filtenng. Temporar' .discharsze means a dischar <se on a one -time or temporar\ basis into the Cat\ s POTV■ of no more than one year in duration. Significant industrial users are ineliluble for authorization for a temporar\ dischanze. "Toxic pollutants" means those substances listed in the federal pnonty 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. "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 benefitted 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 14 11/04/03 8.47 AM 1 1:42 AM 1:? 7 PM 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 -carved industnal waste, process vv aste. or domestic waste or any modification thereof, or any other water -carved 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 tna\ shall contain appropriate pretreatment standards and requirements as set forth m 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 Mana2er" means the supervisor of the Wastewater Division and includes authorized representatives of the Wastewater Manager and Wastewater Division. " \l aste\v ater treatment operator" means an indi idual « ho performs routine pretreatment duties. or super\ ision of such duties on -site at a discharLfer s pretreatment facilities which affect effluent quality. and who (a) holds. at least. a valid state ofWashin <uton Wastewater Treatment Operator 1 certification. or (h) ho has successfull\ completed a course of stud\ which. in the opinion of the Wastewater Mana <_er. contains all subject matter reasonably related to the duties of a xvastewater pre - treatment operator. "Wastewater treatment plant or treatment plant" means that portion of the POTW designated to provide treatment of wastewater "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) Part 3 Public Sewer Use Requirements 7 65.030 Use of public sewers required. 15 11/04/03 847AM11:12AM1:37PM A It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner on public or pnvate property any human or animal excrement, garbage or other objectionable waste. B It is unlawful to discharge into any public storm dram 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 is unlawful to construct or maintain any pnvy, pnvy 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 nght -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 days after date of official notice to do so, provided that said public sewer is within two hundred feet of the property line. (Ord. 3491 § 2 (part), 1992) 7 65.040 Private wastewater disposal. Before commencement of construction of a pnvate wastewater disposal system, the owner shall first obtain a written permit from the Yaluma Health District as set forth in Panchaptcr 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." (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 wntten permit from the eCode aAdministration and Planning mManager B There shall be two classes of Building Sewer permits. (1) residential and non - residential domestic servicecommcrcial service, and (2) service to nondomestic discharuerse t b1 producing industnal 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 : - • : - . • • - • . - • ode Administration and Planninu Manaier 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 16 11/04/03 8.47 AN111:12 AM1:37 PM 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 ha\ e taken and passed the Side SeN\er Installer Certification test that is proctored h\ the Code Administration and Plannin_ Dig ision of the Cit\ of l akima 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 at the rear of another or on an intenor lot and no private sewer is available or the sex\ er can be constructed and routed to the rear of the building through an adjoining alley court, yard or driveway_. - tThe 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 ofte the code . - . _ ode Administration and Plannimii hlanater, 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 Code Administration and Planning_ N-lanai_Ter, to be in good repair, sized for the number of II\tures per the Citvplumhinu code most recentl' adopted h' the Citn . to be suitable for this purpose, and to meet all requirements of this chapter F The size, slope, alignment, matenals 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 ' n Pplumbing Gcode 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 dram is too low to permit gravity flow to the public sewer, sanitary sewage carved by such building dram 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 ee4e .. - - . _- Code Administration and Planninu Manauer, 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 ater or groundwater to a Building Sewer or building dram which in turn is connected directly or indirectly to a public sewer, or maintain such a connection. 17 11/04/03 8.47 AM 1 1:42 AM I : 37 PM L The connection of the Building Sewer into the public sewer shall conform to the requirements of the editions of the Un i f orm Bbuilding €code and Pplumbing Geode most recently adopted by the City All such connections shall be made gastight and watertight and venfied by proper testing. Anv deviation from the prescribed _ . - . _ - . - . - . . - - - : - . _ . _ - - . The Code .Administration and PlanninL Manat er must appro\ e an' dex iation from the prescribed procedures and materials . - :. - - • _ • - . - - - - - before installation. J The applicant for the Building Sewer permit shall notify the . mana_erC'ode Administration and Planninu Manauer 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 Plannin2 Manager 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 m 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 Bbuilding code most recently adopted by the City The permit to install a backwater valve can be obtained from eiaEle administration manager or hisCode Administration and Planninu Nlanauer. 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. (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 POT\\ . directl\ 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. Furthermore, no discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged 18 11/04/03 8.17 .AM11:4-2 .1M1:27 PM pursuant to a \ alid xtastew,ater dischane permit or authorization pnor. mien appr.'\a: liaseen-ebial-Fied 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 mjunous m any other way to the operation of the POT\\ including. but not limited to, wastestreams 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 matenals include, but are not limited to gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers. alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydndes, sulfides and any other substances which are a fire hazard or hazard to the POTW 2. Solid or viscous substances m 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 of 0 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 ended s 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 anunal/vegetable (polar) based floatable oil, fat waste, oil or grease (whether or not emulsified), hexane or ether - soluble matter content m 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 ongin 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 19 11/04/03 8.47 AM 11:12 AM I :37 PM wastewater treatment process. constitute a hazard to humans or animals. or to exceed the 'mutation set forth m categoncal 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 quantit\ that which either singly or by intersection 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, 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 cntena, guidelines or regulations developed under Section 405 of the Act; or with any cntena, 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 biosohds 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. 13 Any slugload_, .. .. ...• , - • : • = . .... :ee, , - .., . -. _ - - ..... . 14 Any sludges, screenings or other residues from the pretreatment of mdustnal wastewater discharges. 20 11/04/03 8 47 AM11:42 AM1:37 PM 15 Any wastewater contammg 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. 16 Any wastewater which 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) 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- (Iindane) -Gamma 0 0 g -BHC -Delta 0 0 21 11/04/03 8.47 AM11:42 AM1:37 PM 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 V■ astewater Hanauer 1 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 (one hundred four degrees F) 2 Any trucked or hauled pollutants, except pursuant to Section 7 65 420 3 Any dangerous wastes as defined m 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 categones a. Noncontact cooling water; b Stormwater and other direct inflow sources, and c. Nonpolluted water or water which doesld 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 matenals storage areas must discharge to the industnal discharger's pretreatment facility pnor to discharging to the POTW E. The general and specific prohibitions provided by this section apply to all d ischargers to the POTW whether or not the discharger is subject to categoncal pretreatment standards or requirements. (Ord. 2000 -19 § 4, 2000 Ord. 3491 § 2 (part), 1992) 7 65.070 Limitations on wastewater strength. A. National categoncal 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 categones. The national categorical 22 11/04/03 8.47 AM 1:42 AM1:37 PM standards found at 40 CFR Chapter I, Subchapter N Parts 405 through 471 are hereb' 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 the are more stringent than federal requirements and limitations, or those in this chapter or 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 65 010 of this chapter or are otherwise in the public interest. D No discharger shall dilute its waste_stream 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 aclueve compliance with the standards set forth in this chapter E. No discharger shall discharge industrial wastewater containing concentrations (and/or mass limitations) that exceed any of the following local discharge limits unless pnor written approval has been obtained from the Wastewater Division. Daily Maximum Material Concentration (mg/L)1 Arsenic (As) 5 0121 Barium (Ba) 100 0121 Benzene 0 5 (21 Beryllium (Be) 1 0 1 3 1 Cadmium (Cd) 1 0121 Carbon Tetrachloride 0 5121 Chlorobenzene 100 0121 Chloroform 6 0121 Chromium (Cr) 5 0121 Copper (Cu) 2 0 (31 o- Cresol 200 0121 m- Cresol 200 0121 p- Cresol 200 0121 Cyanide (total) (CN) 1 5131 1,4- Dicholorobenzene 7 5 ( 2 1 1,2- Dichloroethane 0 5121 1,1- Dichloroethylene (DCE) 0 0141 23 11/04/03 8.47 AM11:42 AM1:37 PM 2,4 Dinitrotolulene 0 1352) Ethylbenzene 1 4131 Hexachlorobenzene 0 13121 Hexachloro -1,3- butadiene 0 512' Lead (Pb) 5 012 Mercury (Hg) 0. 25 21 Methylene Chloride 1 7 _(31 Methyl Ethyl Ketone 200 0121 Nickel (Ni) 2 Nitrobenzene 2.0521 Pentachlorophenol 2.05 21 Selenium (Se) 1 05 � Silver (Ag) 5 01 � Tetrachloroethylene (PCE) 0 0541 Toluene 1 4 1 �1 Trichloroethylene (TCE) 0 0_(41 2,4,5 - Trichlorophenol 300 0521 2,4,6 - Trichlorophenol 20 5 2 1 Vinyl Chloride 0 0 1 4 1 Xylene 1 4 5 2 1 Zinc (Zn) 5 0131 X 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. (31 These values are based on Seattle Metro's actual local limits. t4) 0 0 shall mean less than the mean detection limit (MDL) of 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. The above limits apply at the point where the wastewater is discharged to the POTW All concentrations for metallic substances are for "total" metal unless indicated otherwise. In the event any of these values are exceeded by one or more dischargers the Wastewater Division will 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 biosolids, 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 categoncal pretreatment standards, or under circumstances where 24 11/04/03 8 47 AM 1 1:42 AM 1 PM concentration limits are impractical to apply Where a discharger is subject to a categoncal pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply The City reserves the nght to establish. by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW F All known. available and reasonable methods of pretreatment. in accordance with RCW 90 48 010 and WAC 173 - 216 - 020(1), shall be used by a discharger to bnng into compliance a wastewater discharge that does not comply with standards set forth in this chapter G The City reserves the nght 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 categoncal standard in accordance with 40 CFR 403 15 They may also request a variance m 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 industnal discharger requesting a fundamentally different factor variance must comply with the procedural and substantive provision in 40 CFR 403 13 (Ord. 2000 -19 § 5 2000 Ord. 97 -02 § 1, 1997, Ord. 3491 § 2 (part), 1992) 7 65.080 Slugload or accidental discharges. A. Each discharger shall provide protection from a slugload or accidental discharge of prohibited or regulated matenals 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 matenals. When requested to do so, the discharger shall submit to the Wastewater Manager for review either a "slugload control/ plan" (SC plan) or a "spill prevention, control and countermeasure plan" (SC 'SPCC plan) er -beth showing facilities and operating procedures to provide this protection. The Wastewater Manager shall valuate, at least once every two years, whether each significant industnal user needs a SC plan orSC/ -SPCC plan. No SC plan or SPCC SC /SPCC plan The SC plan/SPCC plan shall contain at a minimum the following elements. 1 Descnption of discharge practices for batch and continuous processes, including non - routine and routine batch discharges, 2. Description of stored hazardous substances. includin <ii quantit\ maintained for each listed material and a map shov,inti their location, 25 11/04/03 8 47 AM11:42 AM1 PM 3 Procedures for immediately notifying the City and am other authontie of any accidental or slugload discharges, with procedures for follow -up written notification within five days; and 4 Procedures to prevent adverse impact from any accidental or slugload discharge, including, but not limited to inspection and maintenance of storage areas, handling and transfer of matenals, 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 1 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 SC! - SPCC plan and submit sameit to the Wastewater Manager within one hundred twenty days (120) of being notified by the manager to do so The Wastewater Manager will appr - re\ iex‘ the SG plan or 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 plan or SC /SPCC plan has been review edappreved by the Wastewater Manager Review of such plan by the Wastewater 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 plan or SC /SPCC plan shall review and evaluate such plan at least every two years from the date of suhmittalapproval As a result of this review and evaluation, the discharger shall amend the SC-plan SPCC p iSC /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 readik ailahle to f acility personnel. • .. - - - - . - . . - - - . ... - . - registered in the state of Washington. C Dischargers shall verbally notify the Wastewater Manager 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 days after the occurrence of the slugload 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 slugload of prohibited matenals 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 pnvate individual, as a result of the slugload or accidental discharge. 26 . t 11/04/03 8.47 AM1 3:42 AM1:37 PM 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) 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 appropnate 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 shall submit detailed plans showing the pretreatment facilities to both the Wastewater Manager and the : - • - - - - - - ' .• Code Administration and Planninu ManaLler for review and acceptance before construction of the facility The review of such plans by either the Wastewater Manager or the Code Administration and Plannimi Mana<uer shall m no way relieve the discharger from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the Wastewater Manager under the provisions of this chapter The discharger shall obtain all necessary construction - operating permits from both the Wastewater Manager and the : - - - -• - - - -- •.. - • ode Administration and Planninu Mana <uer Pnor to completion of the pretreatment facility, the discharger shall furnish its plan of operations and maintenance procedures for the Wastewater Manager to review Such pretreatment facilities shall be under the control and direction of a qualified astewater fireatment eOperator. as defined in this chapter B Any subsequent proposal for significant changes in the pretreatment facilities or method of operation shall be reported pnor to and be accepted by the Wastewater Manager pnor 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 as they may be amended, and with the accepted plan of operations and maintenance procedures. The City will have the opportunity to audit penodically the compliance of the discharger with all applicable requirements, and to require changes in the 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 food processing sewer shall be adequately screened by a twenty mesh or finer screen before discharge An additional screen, with opemngs 27 11/04/03 8.47 AM11:4-2AM1:37PM not to exceed one - fourth inch square, shall be installed in a fixed position so that all matenal must pass through said screen immediately before entrance into the sewer E. Grease, oil and sand interceptors shall be provided when, in the opimon of the Wastewater Manager, they are necessary for the proper handling of liquid wastes contaimng floatable or emulsified grease, fats or oil m amounts exceeding those specified m Section 7 65 060(B)(7) of this chapter, or any flammable wastes. sand or other harmful ingredients, except that such interceptors shall not be required for pnvate living quarters or dwelling units. Such interceptors shall be provided within six months of receipt of a wntten request from the Wastewater Manager to do so Dischargers who operate restaurants, cafes, lunch counters, cafetenas, bars or clubs; or hotel, hospital, sanitanum. 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 m 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 m the waste line leading from sinks, drains or other fixtures where grease may be discharged. All new interceptors requested by the Wastewater Manager 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 and Planning 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 carved into the sewer system. The owner shall be responsible for the proper removal and disposal by appropnate means of the captured matenal, and shall maintain records of the dates and means of disposal which are subject to review by the Wastewater Manager Any removal and hauling of the collected matenals not performed by owner's personnel must be performed by waste disposal firms currently licensed by the Yakima health district. The collected matenals 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 he a \ iolation of this chapter and subject to the sections set forth in parts 8 and 9 of this chapter aurtentiatteal-1-y - . .. -- - - ._._•!.'- .: - . - - - .. . - City-as provided for in Parts 8 and 9 of this chapte . e - . _! ! ! • _et e : e ( part). 1992). destroy uncover deface. tamper with or insert any substance described in subsection C . - .. - - .. . . ..... .. - . .. - - • - . .. . - - .. .. - • .. . •- . - . . - - - - , - - 28 11/04/03 8 47 .\N111: 12 AM1:37 PM . . . '. . • . - e . _11• • ' i• e _ . 1992) Part 5. Fees 7 65 110 Rates, charges and fees. Rates, charges and fees relating to the pretreatment program established by this chapter shall be as set forth in Chapter 7 60 (Ord. 97 -13 § 46, 1997) Part 6 Administration, Reporting and Monitoring 7 65.120 Industrial dischargers. A. It is unlawful for any industnal discharger to discharge sewage. industrial wastewater or any other wastes into the City's POTW except as authonzed 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 m 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 N-P-E NPDES permit. New sources and new dischargers shall not be allowed to discharge without first complying with the applicable pretreatment standards and requirements. New sources and new dischargers subject to the permitting or authorization requirements of Part 7 of this chapter shall comply with those requirements. C Compliance by existing sources with categorical pretreatment standards shall be within three years of the date the categoncal pretreatment standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR Chapter I, Subchapter N 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 categoncal pretreatment standard. Existing sources which become industnal dischargers subsequent to promulgation of an applicable categoncal pretreatment standard shall be considered existing industrial dischargers except where such sources meet the definition of a "new source" within the meaning of this chapter 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 days after the beginning of the discharge), new sources and new significant mdustnal dischargers must meet all applicable pretreatment standards. D The Wastewater Manager shall establish a final compliance deadline date for any existing user not covered by an applicable categoncal pretreatment standard or for any categorical user when the local limits for said user are more restnctive than the applicable 29 11/04/03 8.47 AM I 1:42 AM 1 PM federal categoncal pretreatment standard. Any existing industnal discharger that must comply with a more stringent local limit which is m noncompliance with any local limits shall be provided with a compliance schedule placed m a wastewater discharge permit to insure compliance within the shortest time feasible (Ord. 2000 -19 § 9, 2000 Ord. 3491 § 2 (part), 1992) 7 65 130 Industrial discharger identification and data disclosure A. The Wastewater Manager shall develop and implement procedures to identify all possible industnal dischargers and the character and volume of the discharge from those dischargers. The Wastewater Manager shall develop, maintain, and report a list of industrial dischargers as required by 40 CFR 403 8(f)(6) As required by 40 CFR 403 8(f)(2)(iii), the Wastewater Manager shall develop and implement procedures to notify all industnal users of applicable pretreatment standards and requirements. B When requested by the City to do so, industrial dischargers shall complete and file with the Wastewater Division aft Preliminan or Follov, Up ilndustnal wV■ aste sSurvey (IWS) signed by an authonzed representative of the industnal discharger and in the form prescribed by the Wastewater Division. This industrial waste survey shall be filed within thirty days of being received by the mdustnal discharger, unless the industrial discharger requests in writing a thirty -day extension from the Wastewater Manager and the manager approves the request in venting. 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 (Ord. 2000 -19 § 10, 2000 Ord. 3491 § 2 (part), 1992) 7 65.140 Reporting requirements for industrial dischargers. A. Within either one hundred eighty (180) days after the effective date of a categoncal pretreatment standard, or the final admimstrative decision on a category determination under 40 CFR 403 6(a)(4), whichever is later, existing significant industrial dischargers subject to such categoncal 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 pnor to commencement of their discharge, new sources, and sources that become significant industrial dischargers subsequent to the promulgation of an applicable categoncal 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 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 wastewater discharge permits held by or for the facility 30 11/04/03 8 47 AN 1: 4-2 AM 1_: =7 PM 3 A bnef descnption of the nature, average rate of production and standard industrial classifications of the operation(s) carved out by such industrial discharger This descnption 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 dart} 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. a. Identification of the categoncal 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 industnal 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. 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 histoncal data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. 6 A statement reviewed by from the industrial discharger's authonzed 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 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 industnal discharger's categoncal 31 11/04/03 8.47 AM 11: •12 AM 1 PM 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 tune the industnal 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 wastestream 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 tlus 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 rune months. b The industnal 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 mrmmum, whether or not the discharger complied with the increment of progress, the reason for any delay, (and, if appropnate) the steps being taken by the industnal 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 nmety (90) days following the date for final compliance with applicable categoncal pretreatment standards (deadline date for categoncal dischargers published in the appropnate categorical pretreatment standards, compliance date for noncategoncal 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 m 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 32 11/04/03 8 47 AN11 1 .1M1 PM dischargers subject to categoncal pretreatment standards expressed in terms of allowable Y} , pollutant discharge per unit of production (or other measure of operation). this report shall include the industrial discharger's actual wastewater discharge rate dunng the appropnate corresponding sampling penod. All 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 dischari =e permit. but in no case less than twice per year. shall (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 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. If a discharger sampled more frequently than required by the City, it must submit all results of sampling and analysis of the discharge dunng the reporting penod. 2. Any industrial discharger subject to equivalent mass or concentration limits established by the City m 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 industnal 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 venfiable techniques if the City determines that an actual measurement is not feasible. 6 Sampling shall be representative of the industnal discharger's actual discharge and collected in accordance with subsection I of this section. Wastewater momtonng and flow management facilities shall be properly 33 11/04/03 8.47 AM11:12 AM1:37 PM operated. kept clean and maintained m good working order at all times. The failure of an industrial discharger to keep its momtonng 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 industnal discharger conducts self - monitonng. the number and frequency of momtonng shall be prescribed by the City in their discharge permit " \t a minimum. such dischargers shall sample their discharc at kit t» ice per year The samples shall be processed at a laborator\ accredited h\ the state. Alternatel\. at the request of the industrial permittee. the CitN ma\ collect and analyze the samples as part of the required sampling. and analysis under its NPDES permit and section 7 65.160 E of this chapter. All costs associated \yith such testing_ and anal\ sis shall be the responsibilit\ of the industrial discharger. D Any industrial discharger subject to this chapter shall report to the Wastewater Division. in person or by phone, mnety (90) days pnor 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 categoncal pretreatment standards. Formal written notification shall also be made to the Wastewater Division at least ten days pnor 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 categoncal 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. The industrial discharger is not required to resample if the POTW performs momtonng at the mdustnal discharger's at least once a month, or if the POTW performs sampling between the industrial discharger's imtial sampling and when the mdustnal discharger receives the results of this sampling. 34 11/04/03 8 47 AN111:42 AM1 PM 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. I Except as indicated below, the industnal 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 authonze the use of time proportional composite sampling or a minimum of four grab samples where the industrial discharger demonstrates that this will provide a representative sample of the actual effluent being discharged to 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. metals and volatile organic compounds shall be obtained using 1 grab collection techniques. 1 Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated or manufactunng process if no pretreatment exists or as determined by the City For dischargers subject to categoncal pretreatment standards, if other wastewaters are mixed with the regulated wastewater pnor 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 industnal discharger shall be signed by an authonzed representative of the discharger ' f ""n -able „ - - • - - - ... - . - . -- - - -- . • - 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 35 11/04/03 8 47 AM 1 1 :'2 AA41 •^_'7 PM 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 impnsonment for knowing violations. L Wntten 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 65 150 Monitoring equipment. A. The City may require a discharger to install and operate, at the discharger's own expense, momtonng 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 momtonng equipment to allow accurate wastewater sampling and preparation of samples for analysis by the discharger and the City The momtonng equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger C All momtonng 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 (Ord. 3491 § 2 (part), 1992) 7 65.160 Inspection and sampling. A. To assess compliance with this chapter, independent of any information provided by an industnal discharger, the City shall have the nght to inspect, conduct surveillance of, and collect wastewater samples from all momtonng 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 appropnate or necessary, shall have the nght to make unscheduled inspections without prior notice. A permitted or authorized discharger. as a condition of their permit. shall si <in a form provided b\ the City. that allows authorized Cit\ employees right of entr\ to the discharuers facilit\ to cam out the duties of the V4 astelAater Dix ision under this chapter The City shall have the nght to erect or install, on the discharger's property_such devices as are reasonably necessary to conduct sampling, inspection, compliance 36 } 11104/03 8 47 ANTI I :12 AMI:37 PM monitoring or metering operations. It will be unlawful under this chapter to Intel .. ith ari. Cit. sampbn equipment or samples g Where an industrial discharger has security measures in force which require proper identification and clearance before entry into its premises, the industnal discharger shall make necessary arrangements with its secunty 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, momtonng, metering or copying as authorized by this section shall be grounds for termination of wastewater treatment services as well as any other enforcement action authonzed under this chapter and deemed appropriate by the Wastewater Manager D If the Wastewater Manager has been refused access to a building, structure or property or any part thereof, and if the Wastewater Manager 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 venfy compliance with this chapter or any permit or order issued hereunder, then upon application by the City Attorney, - - • - • - • - - - . a judze of a competent jurisdiction 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 Wastewater Manager in the company of an uniformed police officer of the City In the event of an emergency affecting the public health and safety, inspections will be made without the issuance of a warrant. E. The Wastewater Manager shall develop and implement procedures to randomly sample and analyze the effluent from industrial users and conduct surveillance activities to better identify, independent of information supplied by industrial dischargers, occasional and contmumg noncompliance with applicable pretreatment standards. The Wastewater Manager shall inspect - and collect and analyze effluent samples from(including effluent sampling and analysis) each significant industnal discharger at least once pereaeh year The Wastewater Manager shall investigate instances of noncompliance indicated by information provided by industnal dischargers and' by the Wastewater Manager's independent inspection, sampling, and analysis. (Ord. 2000 -19 § 12, 2000 Ord. 3491 § 2 (part), 1992). 7.65.165 Vandalism. No person shall willfull\ or neglliientl\ break. damaue. destro. unco\ er. deface. tamper with. or pre\ ent access to am structure. appurtenance or equipment. or other part of the POT AN An person found in violation of this requirement shall be subject to the sanctions set out in this ordinance 7 65.170 Confidential information. 37 11/04/03 8 47 AM11:12 AM1:37 PM 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 agenc\ without restriction unless the discharger specifically requests and is able to demonstrate that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or propnetary 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 wntten 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 charactenstics, other "effluent data" as defined by 40 CFR 2.302, and information for which claims of confidentiality must be denied pursuant to WAC 173- 216 -080 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 nghts created by this section shall be deemed to have been waived. (Ord. 2000 -19 § 13, 2000 Ord. 3491 § 2 (part), 1992) Part 7 Wastewater Discharge Permits and Authorizations 7.65.180 Wastewater discharge permit and authorization determination A. All new non - residential dischargers (domestic and nondomesticl shall submit a completed Prelimmar\ Industrial Waste Sur\ ex to the Wastewater Division for its review and determination of whether a Wastewater Discharge Permit or Authorization is required. This industnal waste survey shall be filed within thirty days of being received by the industrial discharger, unless the industrial discharger requests in writing a thirty - dav extension from the Wastewater Manager and the manager approves the request in writing. The Preliminar\ Industrial Waste Sun ex shall be signed b\ an authorized representative of the non - residential discharger and in the form prescribed h\ the Wastewater Division. The Vl astew Manager max require either additional information or a follow up Industrial Waste Survex (IWS). as described in section 7.65.184B of this chapter. Should the V% astew Manager approx. e the IWS. it shall satisf' section 7.65.184B.1. of this chapter for purposes of applying for a wastewater discharge authorization. if applicable. 38 11/04/03 8.47 AM11:42 AM1:2.7 PM � ry Existing non - residential dischargers shall submit a Preli inar. IV'\ S \\ hen requLsu i to do so b• the Cit.. (see section 7.65.1 SOB. ofthis chapter). 1. Permit Required Should the Wastewater Manager determine that a Permit is required. the discharger shall compl\ with sections 7 05 185. 7 65 190. and 7.65.195 of this chapter with respect to such permit Authorization Required Should the \\ astewater Nlanager determine that a written authorization is required for an. non - residential (domestic or nondomLstk .) discharge. including a temporan discharge. the \\ astewater Manager shall determine which of the terms and conditions in section 7.65.190 and 7.65 195. or an\ other section of this chapter appl.. All wastewater discharge authorizations shall compl\ with section 7.65.184 of this chapter When a \ aste `\ ater Discharge Authorization is not required it shall not relic. e an. discharger to the POT\\ from the requirement to apple all known. available. and reasonable methods to prevent and control waste discharges to the waters of the state. or the requirement to obtain approval of plans and reports for the construction of wastewater facilities. or an other applicable requirement contained in this chapter or state or federal law Nothing herein shall limit the authorit. of the Cit\ to take enforcement action for an unlawful discharge of waste materials or other violations of this chapter. (Ord. 2000- 19 14. 2000) 7.65.184 Wastewater Discharge Authorization Required Authorizations. The \k astewater Manager ma• authorize long term. short term or temporal wastewater discharges into the Cit. s sewer system All authorized wastewater discharges shall compl with pretreatment standards and regulations (Section 7.65.060). limitations on wastewater strength (Section 7.65 070). and protect the POTW from slugload or accidental discharges (Section 7 65.080) Failure to compl. shall subject the discharger to the enforcement provisions of Part 8 of this chapter. The V� astewater Manager ma• condition the authorization as necessan to comply with the pro\ isions of this chapter. and ma• den\ requests under this section on the grounds that the discharge would violate an provision of this chapter B Discharge Authorization procedure 1. Dischargers must submit a completed Industrial Waste Survey (IWS) to the \ astewater Manager. The surve\ shall include a complete written 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 propert.. and the name and phone number of a contact person The sur. ey .shall also contain the following a. An analysis of the water to be discharged. b. Volume of wastewater for discharge 39 11/04/03 8 47 AM11:12 AM] - 37 PIN The sure\ shall be signed b\ an authorized representam e cif the discharsier. The \■ aste\\ater N1anauer shall re\ ie\\ the sun e\ for completeness and. within thirt\ (30) da\ s. ma\ return to the applicant am incomplete sun e\ with a request tor information necessar\ to complete the sun e\ An. sure e\ not so returned shall he deemed complete If returned. the sun e\ shall not hL considered complete unless and until the discharger resubmits the sun e\ ith the requested information 4 Further intom ation or applications ma\ be requested from the discharuer h\ the \\ aste\\ater Manasier to help determine the status of the discharsIer or to assist in settmsl the terms and conditions of the authorization. Authorization Terms and Conditions. A wastewater dischars2 e authorization shall include conditions as are deemed reasonabl\ necessan b\ the \\ astewater Manauer to prevent pass through or interference. protect the quality of POTV■ s recei'. ins' waterbod\. protect worker health and safet\. facilitate biosolids mana.ement and beneficial reuse. and protect aninst damaue to the POT\\ . The V` astewater Manasier ma\ include am requirement of Section 7.65.195. or any other Section of this chapter to achie\ e these cloals. 6. Notification of a chanue in the volume or constituents of am authorized discharee shall be. made 30 da\ s in advance of the chansie to pro\ ide the \\ astewater N1anauer time to consider if a new authorization will be required (see 7 63 140. D 7 65 1850 Wastewater discharge permit required A. Permit Required of all Significant Industrial Dischargers. On and after the date of full delegation, no significant industnal discharger shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Wastewater Manager Any violation of the terms or conditions of a wastewater discharge permit shall be deemed a violation of this chapter Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all applicable federal and state standards or with any other applicable requirement of this chapter or federal or state law 1.B— Existing Significant Industnal Dischargers. Any existing significant mdustnal discharger holding a valid wastewater discharge permit that will expire on or after the date of full delegation shall submit a complete permit application in accordance with Section 7 65 190 of this chapter at least ninet\ (90)sixty days pnor to the expiration of the then - existing permit, provided that if such renewal will involve an increase in volume or a change in the charactenstics of discharges beyond those previously authonzed, then the industrial discharger shall submit a complete permit application in accordance with Section 7 65 190 of this chapter at 40 11/04/03 8 47 AN111:12 AN11 PM , least one hundred twenty (1 ?0 ► days pnor to the expiration of the then - existing permit. A significant industnal discharger whose existing wastewater discharge permit has expired and who has submitted its reapplication in the time penod specified herein shall be deemed to have an effective wastewater discharge permit until the City issues or denies the new wastewater discharge permit. A significant industrial discharger whose permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be in violation of this chapter As of June 15. 2003 Any existing sigmficant industrial discharger that does not possess a current, valid wastewater discharge permit (issued either by the City or by Ecology) and that intends to continue such discharge.- shall immediately submit a complete permit application to Ecology 1-if such application . , - - - the City m accordance with Section 7 65 190 of this chapter. - • - - - • • - - - ' ' of full dcic21- 3 F New Significant Industrial Dischargers. At least one hundred twenty (120) days pnor to the anticipated start -up, any new source which shall become a significant industrial discharger on or after the date of full delegation shall submit a complete permit application in accordance with Section 7 65 190 of this chapter Such new source shall not discharge wastewater to the POTW without first receiving a wastewater discharge permit from the City - - -- • .. - - D . - . . . waste discharge permits under this part - 1 Discharges of domestic wastes from industrial commercial or residential is similar in strength to norma : - - - . • • - ' - - • - - • - through. 41 11/04/03 8.47 AM 1:42 AM1:37 PM 7 65.190 Wastewater discharge permitting process A. Permit Application. 1 Applications for permits shall be on forms as prescribed and pro ided by the Wastewater Division. At a muumum. the applicant shall provide all information required by Section 7 65 140(A) of this chapter 2. The applicant must pay applicable fees pursuant to Section 7 65 110 of this chapter and Chapter 7 60 of the Yakima Municipal Code 3 The application shall be signed by an authorized representative of the discharger 4 The authorized representative shall sign the following declaration. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision m 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 gathenng 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 impnsonment for knowing violations. 5 The Wastewater Manager shall review the application for completeness and, within thirty (30) days, may return to the applicant any incomplete application with a request for information necessary to complete the application. Any application not so returned shall be deemed complete. If returned, the application shall not be considered complete unless and until the applicant resubmits the application with the requested information. B Public Notice. 1 No earlier than five business days after the wastewater discharge permit application is deemed complete, the City shall publish notice of that application in such a manner to inform and seek comments from interested and potentially interested persons. This public notice requirement does not apply to a permit renewal, if there are no increases m volume or changes in charactenstics of discharges beyond those previously authonzed. 2. The public notice will include the following: 42 11/04/03 8.47 AM 1 1:12 AM 1: *7 PM a. Name and address of the applicant. and if different, of the facilitl% or activity to be permitted, b Bnef descnption of the applicant s activities or operations that result in the discharge described in the application (e.g. steel manufacturing, fruit packing, livestock feeding operation) c A bnef descnption of the discharge point(s), d. A bnef description of the procedures for the formulation of a final determination, including the applicable comment penod and any means by which interested persons may comment upon that determination, and e Address and phone number of the Wastewater Division, from which interested persons may obtain further information, 3 Circulation of public notice shall include at least publishing once a week for two consecutive weeks, a public notice in the newspaper of greatest circulation in the area of the proposal. 4 The Wastewater Division may provide the followmg additional public notification requirements a. Mailing the notice to persons who have expressed an interest in being notified, b Mailing the notice to other government agencies with a regulatory interest in the proposal, and c. Posting the notice on the premises. 5 The public notice shall include a statement that any person may express their views in wntmg to the Wastewater Division within thirty (30) days of the last date of publication. 6 Any person submitting wntten comment or any other person may, upon request, obtain a copy of the Wastewater Manager's final decision. 7 The Wastewater Division shall add the name of any person, upon request, to a mailing list to receive copies of all notices for all applications within particular geographical areas served by the POTW C Public Hearing. 1 Any interested person may request a public hearing with respect to permit applications for which notice is required pursuant to subsection B of this section. 43 11/04/03 8.47 AM11:12 AM1:=7 PM Any such request for a public heanng shall be filed within thirty (30 ) days of the last date of publication required pursuant to subsection B of this section and shall indicate the interest of the party filing such request and the reason a hearing is warranted. 2 The Wastewater Manager shall hold a heanng if he or she determines there is a significant public interest. 3 Any heanng held pursuant to this chapter shall be held at a place and time deemed appropnate by the City 4 Public notice of any heanng held pursuant to this chapter shall be circulated at least as widely as the notice of the application. 5 Procedures for the circulation of public notice for hearings shall include at least the following a. Notice shall be published once, at least thirty (30) days in advance of the heanng, m the newspaper of greatest circulation within the area of the proposal, b Notice shall be sent to all persons and agencies to whom individual notice of the permit application was given pursuant to this section, c Notice shall be mailed to any person who submitted written comment on the application or who requested notice of the Wastewater Manager's final decision, and d. Notice shall be mailed at least thirty (30) days in advance of the hearing. 6 The contents of public notice of any heanng held pursuant to this section shall include at least the following a. Name, address and phone number of the e€fieCity contact holding 1 the public heanng; b The purpose of the heanng; c Name and address of the applicant; d. A bnef description of the point(s) of discharge; e. Information regarding the time and location of the heanng; f. A brief descnption of the nature of the heanng; 44 11/04/03 8 47 AM1 1:42 AM1:3 -7 PM g. A concise statement of the issues raised by the persons requesting the heanng, when applicable, h. A bnef reference to the public notice issued for each application, including identification number and date of issuance, and The address and phone number of the Wastewater Division. from which interested persons may obtain information. D Final Permit Decision. Within tww cnty one sit\ (60) days of the last date of publication required pursuant to subsection 7.65.190(B) of this section or, if a public hearing is held pursuant to subsection C of this section within twent} oncsi\t\ (60) days of that hearing, the Wastewater Manager shall either issue or deny the requested permit. Where public notice is not required pursuant to subsection 7.65.1g0(131 of this section, the Wastewater Manager shall either issue or deny the requested permit no later than twenty onesixt\ (60 ) days after the wastewater discharge permit application is deemed complete. The Wastewater Manager shall mail notice of the final permit decision to any person who submitted wntten comment on the application, testified at any public heanng regarding the application, or any other person who requested notice of the decision. (Ord. 2000 -19 § 15, 2000) 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 waterbody receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and beneficial reuse, and protect against damage to the POTW includin <_ 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(B1 of this section, c All known available and reasonable methods of prevention, control and treatment; d. Applicable pretreatment requirements and local discharge limits and prohibited discharge requirements pursuant to this chapter; 45 11/04/03 8.47 AM11:12 AM1:37 PM e Self- monitonng, 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; 1. Any conditions necessary to prevent and control pollutant discharges from plant site runoff, spillage or leaks, sludge or waste disposal, or raw matenal disposal, and A statement of applicable civil and cnminal penalties for violation of pretreatment standards and requirements or any applicable compliance schedule. As a condition of their permit and as required in Section 7.65.160 of this chapter. the permittee shall allow the \\ astewater Manager. upon the presentation of credentials and other documents as ma. be required b\ la... hi ck ma. include ajudicial inspection warrant to. a. Enter upon the permittee s premises where a regulated facilit. or acti. it\ is located or conducted. or where records must he kept under the conditions of the permit. h. Ha. e access to and cop.. at reasonable times. an\ records that must be kept under the conditions of the permit. c Inspect at reasonable times an facilities. equipment (including monitoring and control equipment). practices. or operations regulated or required under the permit. d. Have the riuht to sample or monitor waste discharges for the purposes of assuring permit compliance at an location. and 46 11/04/03 8.47 AM 1 1:12 AM1:37 PM e. Inspect am production. manufacturing. fabricating or stora_: u: «here pollutants. regulated under the permit. could origuurt:. h: stored. or he dischar17ed to the POT \\ 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 cntena have been established, the permittee shall not permit flow or waste loadings to exceed approved designed cntena 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 c6(j) days pnor 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 detail 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. aA permmt is automatically transferred to a new owner or operator of the facility if a. A written agreement. signed bN the nev■ 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 pnor to the specified transfer date; and 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 47 11/04/03 8.47 AM11:12 AM1:37 PM 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 categoncal standards, the issuance of a special order, a change m 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 matenal 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 pnor to implementing that change, f. Falsifying reports, g. Tampenng with monitonng equipment; h. Intentional1\ providing non- representati\ e samples. hi Refusing to allow the City access to the facility premises and records, or +1 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 65.198 Revision of the wastewater discharge permit program. The permit program contained in this chapter shall be revised, as necessary and to the satisfaction of Ecology, to conform with any changes in applicable rules and regulations 48 11/04/03 8 47 AM 1 1:12 AM 1.3 7 PM that may be adopted by Ecology or the federal govenunent subsequent to the grant of authority to the City to administer the wastewater discharge permit program. The Cm shall submit all amendments of implementing ordinances or resolutions to Ecology for approval pnor to passage (Ord. 2000 -19 § 17, 2000) Part 8 Administrative Enforcement 7 65 200 Notification of violation. Whenever the Wastewater Manager finds that any discharger has violated or is violating this chapter, or an order issued hereunder, the Wastewater Manager 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 Wastewater Manager 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. (Ord. 2000 -19 § 18, 2000 Ord. 3491 § 2 (part), 1992) 7 65.210 Consent orders A. The Wastewater Manager is hereby empowered to enter into consent orders, assurances of voluntary 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 penod 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 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 authonzed under this chapter and deemed appropnate by the Wastewater Manager (Ord. 2000 -19 § 19, 2000 Ord. 3491 § 2 (part), 1992) 7 65 220 Compliance orders A. When the Wastewater Manager 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 penod, 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 appropnate to address the noncompliance, including the installation of pretreatment technology, additional self - momtonng and management practices designed to minimize the amount of pollutants discharged to the sewer In establishing the compliance schedule in the compliance order, the Wastewater Manager will consider 49 11/04/03 8.47 AN11 1: 2 AM1:37 PM applying to the schedule the conditions provided in Section 7 65 140(A)(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 authonzed under this chapter and deemed appropnate by the Wastewater Manager (Ord. 2000 -19 § 20, 2000 Ord. 3491 § 2 (part), 1992) 7 65.230 Cease and desist orders. When the Wastewater Manager finds that a discharger has violated or continues to violate this chapter or any order issued hereunder, the Wastewater Manager 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 appropnate 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 (Ord. 2000 -19 § 21 2000 Ord. 3491 § 2 (part), 1992) 7 65.240 Administrative €mespenalties Notwithstanding any other section of this chapter, any discharger who is found by the Wastewater Manager to have violated any provision of this chapter, or orders issued hereunder, shall be fined-penalized in the amount not to exceed one thousand (1.000) dollars 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 Wastewater Manager 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 finepenalty shall not be a prerequisite for taking any other action against the discharger (Ord. 2000 -19 § 22, 2000 Ord. 3491 § 2 (part), 1992) 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 (Ord. 3491 § 2 (part), 1992). 50 11/04/03 8.47 AM11:42 .AM 1:37 PM 7 65.260 Emergency suspension of treatment services A. The Wastewater Manager may order the suspension 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 Wastewater Manager will take such steps as deemed necessary, mcludmg immediate severance of the sewer connection, to prevent or minimize damage, including but not limited to, the POTW, its biosohds or receiving waters, or endangerment to the health and welfare of any individuals. The City shall have the nght of access onto the discharger's private property to accomplish such severance of the sewer line The Wastewater Manager will allow the discharger to recommence its wastewater discharge when the endangerment has passed, unless the termination proceedings set forth m Section 7 65.270 of this chapter are initiated against the discharger C It is 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 nght to a postsuspension heanng to be conducted in accordance with the procedures set forth in Section 7 65.280 A discharger which is responsible, in whole or in part, for imminent endangerment shall submit a detailed wntten statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Wastewater Manager pnor to the date of the post - suspension hearing. (Ord. 2000 -19 § 23, 2000 Ord. 3491 § 2 (part), 1992). 7 65.270 Termination of treatment services. A. The Wastewater Manager 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 charactenstics, 2. Failed to report sigmficant changes in operations or wastewater constituents or characteristics, 3 Refused reasonable access to the discharger's premises for purposes of inspection, momtonng or sampling; 4 Violated any condition of the discharger's waste discharge permit; 5 Violated any of the provisions of this chapter; or 51 11/04/03 8.47 AM 11:42 AM 1:37 PM 6 Violated any lawful order of the City issued with respect to the chapter In the event any discharger declines to allow access to the discharger's premises for inspection, momtonng, or sampling, the Wastewater Manager shall not enter such premises without first obtaimng a duly issued judicial warrant. 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 nght to a pretermination heanng in accordance with the provisions of Section 7 65.280 of this chapter (Ord. 2000 -19 § 24, 2000 Ord. 3491 § 2 (part), 1992) 7 65.280 Administrative hearing. A. A discharger shall have the nght to an administrative heanng 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 finespenalties 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 heanng pursuant to this section must be requested by the discharger m wntmg within fifteen (1 5) days after the discharger receives notice of the City's determination. The discharger's written request for heanng shall be filed with the Wastewater Manager 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 (2 0) 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 heanng 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 heanng. D Any discharger requesting a hearing shall have the nght 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? 65.285 of this chapter (Ord. 2000 -19 § 25, 2000 Ord. 3491 § 2 (part), 1992) 7 65.285 Appeal to the City council. 52 11/04/03 8 47 AM 11:42 AM1 PM 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 Cm council. The discharger must file wntten 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 admimstrative remedies and shall preclude any further review B 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 j20) 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 appnse 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 matenal 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 or remand the matter to the City Manager or the City Manager s designee. (Ord. 2000 -19 § 26, 2000 Ord. 3491 § 2 (part), 1992). 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 in a court of competent iunsdiction • • - •• .. - . - . • - • = •• •• • in the manner prescribed by law (Ord. 2000 -19 § 27, 2000 Ord. 3491 § 2 (part), 1992). 7 65.300 Publication of enforcement actions. A list of all dischargers that expenence 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 cntena. 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 penod exceed the daily maximum limit or the average limit for the same pollutant parameter by any amount; 53 11/04/03 8 47 AN11 1:42 AM1:37 PM 2. Technical review cntena (TRC) violations, defined here as those in which thirty -three percent or more of all of the wastewater measurements for each pollutant parameter taken dunng a six -month penod 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 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 m the City's exercise of its emergency authonty 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- momtonng 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) 7 65.310 Performance bonds and liability insurance The Wastewater Manager may decline to reinstate 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 Wastewater Manager, either (1) first files with the Wastewater Manager a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the Wastewater Manager 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. (Ord. 2000 -19 § 28, 2000 Ord. 3491 § 2 (part), 1992) 7 65 320 Operating upsets. 54 s t 11/04/03 8.47 AM11:42 AM] :37 PM A. Any discharger that expenences an upset shall inform the Wastewater Manager of the upset within twenty -four (24) hours of discovenng the upset. Where such information is given orally, a written report describing the upset shall be filed with the Wastewater Manager 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 descnption 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 venfied 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 penod 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. (Ord. 2000 -19 § 29, 2000 Ord. 3491 § 2 (part), 1992) 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(B) of this chapter, or with the specific prohibitions found in Section 7 65 060 (B)(2), (7), (8), (10) and (13) 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(E) of this chapter for each pollutant discharged and the discharger was in compliance with each limit directly pnor to, and dunng, the pass through or interference, or (B) no local limit exists under Section 7 65 070(E) of this chapter, but the discharge did not change substantially in nature or constituents from the discharger's pnor discharge when the City was regularly m compliance with its NPDES permit requirements, and in the case of interference, was in compliance with applicable biosolids use or disposal requirements. (Ord. 2000 -19 § 30, 2000 Ord. 3491 § 2 (part), 1992). 7 65.340 Bypass. 55 11/04/03 8.47 AM11:42 AM1 PM 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 pnor notice to the Wastewater Manager, 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 Wastewater Manager within twenty -four hours from the time it becomes aware of the bypass. A wntten submission shall also be provided within five (5) days of the time the industrial discharger becomes aware of the bypass. The wntten submission shall contain a descnption 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 Wastewater Manager may waive the wntten 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 dunng normal penods of equipment downtime. This condition is not satisfied if adequate back -up equipment should have been installed in the exercise of reasonable engmeenng judgment to prevent a bypass which occurred dunng normal penods of equipment downtime or preventive mamtenance; and 3 The discharger submitted notices as required under subsection B of this section. The Wastewater Manager may approve an anticipated bypass, after considering its adverse effects, if the Wastewater Manager determines that it will meet the three conditions listed in this subsection. (Ord. 2000 -19 § 31, 2000 Ord. 3491 § 2 (part), 1992). 7 65.350 Records retention. All dischargers subject to this chapter shall retain and preserve for no less than fives' \ (6) years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to momtonng, 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 €rvesix (6) years. (Ord. 3491 § 2 (part), 1992). 56 11/04/03 8.47 AM 1:12 AM1:37 PM 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 commence an action for appropriate legal and/or equitable relief in the municipal court for the City of Yakima. Such judicial action may be m lieu of or in addition to any other administrative enforcement action authonzed 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 municipal court for the City of Yakima for the issuance of a preliminary or permanent injunction or both (as may be appropnate) 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 appropnate 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). 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 civil penalty The amount of such civil penalty shall be up tout list one thousand (1.000) dollars per violation. ; . ; • . - •• - • - •• • - • •• - - • . plus actual damages incurred by the POTW Each day upon which a violation occurs or continues shall constitute a separate violation. Unpaid civil penalties shall constitute a hen against the individual discharger's property In addition to the above described penalty and damages, the Wastewater Manager may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitonng expenses. A discharger's failure to pay such civil penalties shall be grounds for termination of wastewater services. B The Wastewater Manager will petition the court to impose, assess and recover such civil penalties. In determimng 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), 57 11/04/03 8.47 AN1 1 l :12 AM 1:37 PM which provides guidelines for the assessment of monetary penalties. if available and an 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 (Ord. 2000 -19 § 34 2000 Ord. 3491 § 2 (part) 1992) 7 65.390 Falsifying information Any person who knowingly makes any false statements, representations or certifications m 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 momtonng device or method required under this chapter (in addition to civil and/or cnminal penalties otherwise provided by law) shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars per violation per day plus costs of prosecution or impnsonment not to exceed ninety days or both. (Ord. 3491 § 2 (part), 1992). 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 tentive- thousand (5.000) dollars - • - - _ . . . - or impnsonment 41 my ,l not to exceed one year, or by both such fine and impnsonment. Each violation and each day of each violation shall constitue a separate offense. • . • - •• - - - • .. , discretion of the court. (Ord. 3491 § 2 (part), 1992). 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 (Ord. 3491 § 2 (part), 1992) Part 10. Additional Provisions 7 65.420 Septage and liquid waste hauling requirements. A. It is unlawful for any person, firm or corporation to engage in the business of cleaning or pumping out pnvate wastewater disposal systems in the City or to remove, transport or dispose of septage from pnvate 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 pnvate 58 11/04/03 8.47 AM11:42 AM :37 PM wastewater disposal systems at any location within the City service area, except at discharge points specifically designated by the POTW or which have been approved in writing by the Wastewater Manager 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 Distract, 2. Carry liability insurance of such kind and in such amount as the City ma) 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 Wastewater Division pnor to arrival at the POTW, and 4 Prevent the commingling of industrial wastewater, process wastewater, • biosohds and domestic wastewater Any wastewater collected from a business or industry must receive a wntten authonzation from the Wastewater Manager before discharge into the POTW is allowed. 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 nght to inspect and sample any trucked or hauled waste before allowing its discharge to the POTW to venfy compliance with the provisions of this chapter and any applicable federal or state laws. D The City shall have the nght 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. 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. 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 (Ord. 2000 -19 § 35, 2000 Ord. 3491 § 2 (part), 1992) 7 65.430 Regulations. The Wastewater Manager will have the authonty to promulgate wntten regulations consistent with this chapter (Ord. 2000 -19 § 36, 2000 Ord. 3491 § 2 (part), 1992). 59 11/04/03 8.54 A\111:12 AM I :37 PM 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 (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 day of , 2003 CITY OF YAKIMA, WASHINGTON By Mary Place, Mayor ATTEST City Clerk Publication Date Effective Date 60 11/04/03 8.47 AN41 1:12 AM 1 PM CERTIFICATE I. the undersigned, clerk of the City of Yakima, Washington (the "City ") and keeper of the records of the City Council (the "Council ") DO HEREBY CERTIFY 1 That the attached ordinance is a true and correct copy of Ordinance No of the Council (hereinafter called the "Ordinance "), duly passed at a regular meeting thereof held on the day of , 2003 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given, that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, earned out and otherwise observed, and that I am authonzed to execute this certificate IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this day of 2003 City Clerk 61 City of Yakima Pretreatment Program MANDATED ENFORCEMENT RESPONSE PLAN INTRODUCTION In 1988, the federal Environmental Protection Agency (EPA) amended the General Pretreatment Regulations of the 1972 Clean Water Act by requiring that all publicly owned t reatment w orks (POTWs) w ith approved pretreatment programs develop and implement individual Enforcement Response Plans (ERPs) In keeping with these laws, the City of Yakima (the City) has prepared this ERP The purpose of the City's ERP is to ensure that dischargers to the City's POTW correct violations of the City's Sewer Use and Pretreatment Ordinance (SUO) (Ch 7 65 Yakima Municipal Code) in a timely manner and that dischargers who violate the City's SUO are treated consistently Enforcement Response Actions (ERAs) are meant to focus the attention of dischargers on correcting violations They are not intended as punitive measures The City's ERP specifies criteria by which its pretreatment personnel can best determine the most appropriate ERA to any violation of the City's SUO Specifically, this ERP • describes how the City will investigate instances of noncompliance, • describes the various types of escalating ERAs that the City may take in response to all anticipated types of violations, and the time periods within which to initiate and follow -up these actions, • adequately reflects the City's primary responsibility to enforce all applicable pretreatment standards and requirements, • specifies criteria for scheduling periodic inspection and /or sampling visits to dischargers, • specifies systems to track due dates for self- monitoring reports, compliance schedule milestones, and pending ERAs, and • specifies the criteria, responsible City pretreatment personnel, and procedures utilized to select and initiate an ERA from among those provided in the ERP The use of this ERP is based on a review of all facts and circumstances surrounding a discharger's noncompliance, including the nature of the noncompliance and the prior compliance history of the discharger -1- This ERP will benefit the City by • strengthening internal management through improved task coordination among the staff; • enhancing the City's reputation as a responsible public agency; and • providing an opportunity for involvement by other public service and regulatory agencies in the City's Pretreatment Program Most importantly, the ERP will provide a consistent, reasonable and equitable basis for undertaking ERAs against dischargers who fail to comply with the City's SUO The City will periodically reassess, and set change to the ERP as necessary, concerning the ERP's effectiveness in accomplishing these following important pretreatment enforcement goals • to make noncompliant dischargers aware of SUO violations, • to ensure that violators return to compliance as quickly as possible, • to determine future noncompliance, and • to recover any additional expenses incurred by the City attributable to noncompliance PREPARATION OF A TYPICAL ERA The City's pretreatment personnel will regularly inspect discharger premises, review discharger reports and self- monitoring data, investigate complaints of noncompliance, and sample wastewater discharges from dischargers, (especially Significant Industrial Users or SIUs) throughout each year These City pretreatment personnel will also subsequently receive discharge composition analysis data from either the POTW's own analytical laboratory or an outside certified lab City pretreatment personnel must follow these steps in preparing a typical ERA. Step 1. Identify Violation Within ten (10) working days after receipt of information on a discharge, the City's pretreatment personnel will screen and verify the information to identify any type of violation, even non - discharge violations Non - discharge violations (such as a failure to submit reports) are important because such violations may be motivated by discharger's desire to conceal actual discharge violations At a minimum, non - discharge violations suggest that discharger might not be making a serious "good- faith" effort toward its pretreatment obligations For this screening, the City's POTW has established • procedures to track due dates of all reporting requirements and to take enforcement action if reports are not submitted on time, and • procedures for comparing pollutant analysis data to categorical standards, local limits, and any other prohibited discharge standards which may apply The City's pretreatment personnel will pursue ERAs in the following instances -2- • when results from the City's independent monitoring samples show violations outside the standard confidence levels of any analytical test performed, • when dischargers' self- monitoring data shows any violation or continuing violations of pretreatment standards and requirements, • when dischargers fail to submit complete and accurate reports on time or not at all, • when dischargers fail to satisfactorily complete installation of an on -site pretreatment system or other required facility improvement which the City's Pretreatment Program deems necessary; • when dischargers fail to properly operate and /or maintain any on -site pretreatment system or other required facility improvement; • when dischargers falsify or otherwise misrepresent any aspect of self - monitoring data or other pretreatment related reports, or • when dischargers commit any other observable violation of the City's SUO Step 2 Notify Discharger of Violation Once a violation has been identified, City pretreatment personnel will inform the violating discharger by telephone, as soon as possible, of the following • that a violation has occurred, • that the discharge must be controlled to correct said violation, • that written notification of the sample results will be sent, and • that any required ERAs will soon follow Generally, during this same telephone conversation, City pretreatment personnel will also ask the noncompliant discharger for all the possible reasons pertaining to why and /or h ow t he violation occurred City pretreatment personnel will then request the discharger to begin contemplating possible modifications and /or improvements that will bring the discharge back into compliance and that will prevent future violations from occurring Step 3. Prepare Appropriate ERA Document Within fifteen (15) calendar days of detecting the violation and notifying the noncompliant discharger (as described above), City pretreatment personnel will prepare the appropriate ERA document. To prepare this document, City pretreatment personnel should first consult the "Summary of ERAs" section of the ERP for a listed violation which best matches the actual situation They should then note which one of the various corresponding ERAs is warranted, in light of the sections on ERAs and "Other Appropriate ERA Determining Factors " Finally, they should fill in the appropriate ERA document. (Examples of actual ERA documents are found in Appendix A.) A draft of each ERA document must be directed to either the Wastewater Superintendent or the Assistant Superintendent for review comments prior to mailing -3- City pretreatment personnel will incorporate any such comments into the final draft of the ERA document, provide the ERA document to the appropriate official for signing, and distribute copies to all involved personnel Step 4. Deliver ERA Document to Discharger City pretreatment personnel should deliver in person, or by "certified mail /return receipt requested ", to an authorized representative of the noncompliant discharger any document pertaining to a discharge violation or an ERA. Such representative must sign for receipt of all documents delivered by either method, acknowledging only the receipt of such documents Confidentiality of Documentation for ERAs All documents prepared in response to an ERA that are sent to the discharger (with exception of any inspection report and the ERA itself) are considered confidential and should be removed from the files prior to any public disclosure requests Each page considered for such action shall be clearly marked "CONFIDENTIAL" During appeals, City pretreatment personnel may need to prepare separate documentation of ERAs taken and the City's justification for such ERAs Please remember" City pretreatment personnel should verbally notify dischargers of all violations, with the possible exception of those which cause or threaten to cause an emergency situation, before any documents are sent to the noncompliant discharger City pretreatment personnel may wish to read EPA's Pretreatment Compliance and Enforcement Guidance document for additional guidance on the preparation of ERAs -4- y s SUMMARY OF ERAS Violations and ERAs The following summarizes typical discharge violations and appropriate ERAs (in escalating order) It also indicates .those City pretreatment personnel who have the authority to initiate each of the corresponding ERAs Before selecting the appropriate ERA, City pretreatment personnel should review the sections of the ERP on "Common ERAs ", "Supplemental ERAs" and "Appropriate ERA Determining Factors" Type of Violation Appropriate Enforcement 1. Reporting violations. ERA. Official Report improperly signed, certified, or NOV PS completed with minor deficiencies (computational or typographical) Report improperly signed, certified, or NOV PS completed with gross deficiencies (missing AO with $250 fine AS information) Report improperly signed, certified, or NOV PS completed, >10 but < 30 days after notice by AO with $500 fine AS POTW Report improperly signed, certified, or AO with $500 fine AS completed, ? 30 days after notice by POTW AO with $1000 fine AS fsu}JSV1 Late filing of any report, > 10 but < 30 days NOV PS AO with $500 fine AS Late filing of any report, >10 but <30 days after AO with $250 fine AS notice by POTW Late filing of any report, > 30 days after notice AO with $500 fine AS by POTW (SV }JSV1 AO with $1000 fine AS Description of Terms IU= Industrial User AS = Assistant Superintendent NOV= Notice of Violation AO = Administrative Order PS= Pretreatment Specialist CL = Civil Litigation S= Wastewater Superintendent CP = Criminal Prosecution fSV }JSV1= Significant Violation ES = Emergency Suspension TSS= Termination of sewer service -5- Type of Violation Appropriate Enforcement 1. Reporting violations. ERA. Official Repeated I ate filings, does not follow through AO with $1000 fine AS on verbal /written agreements, ±or no reports at CL S all {SV3JSV1 CP S TSS S Failure to report spill, slug load, or change in AO with $250 fine AS discharge (no harm) AO with $500 fine AS Failure to report spill, slug Toad, or change in AO with $1000 fine AS discharge (harm results) CL S Repeated failure to report spills or changes in AO with $500 fine AS discharge (no harm) AO with $1000 fine AS CL S Repeated failure to report spills or changes in AO with $1000 fine AS discharge (harm results) {SV}JSV1 CP S TSS S Falsification of any information in any report or CP S document {aVISVl TSS S 2. Un permitted discharge violations. IU unaware of requirement (no harm) NOV PS with application form IU unaware /aware of requirement (causing, AO with $1000 fine AS either alone or in combination with other CL S discharges, harm to human health, the CP S environment, or the POTW itself, including TSS S interference or pass through) {SVIJSV1 IU aware of requirement (no harm) NOV PS AO with $500 fine AS AO with $1000 fine AS Repeated violations after notice by the POTW AO with $1000 fine AS (with /without harm) fSVfSV1 CL S CP S TSS S -6- Type of Violation Appropriate Enforcement 3. Un- renewed permitted discharge violation ERA. Official. Failure to renew <_ 15 days of due date NOV PS AO with $500 fine AS Failure to renew >15 but <_ 45 days of due AO with $500 fine AS date, after notice by POTW AO with $1000 fine AS Failure to renew >45 days of due date, after AO with $1000 fine AS notice by POTW [SV}JSV1 CL S CP S TSS S Any discharge causing little or no harm NOV PS AO with $500 fine AS AO with $1000 fine AS Any discharge causing, either alone or in AO with $500 fine AS combination with other discharges, harm to AO with $1000 fine AS human health, the environment, or the POTW CL S itself, including interference or pass through) CP S {SVIfSVI TSS S Repeated violations after notice by the POTW AO with $1000 fine AS (with /without harm) ISV1JSV1 CL S CP S TSS S 4. Exceedance of local or federal standards. Isolated, minor violation ( <150% of any limit), NOV PS little or no harm AO with $250 fine AS Isolated, minor violation, causing, either alone AO with $250 fine AS or in combination with other discharges, harm AO with $500 fine AS to human health, the environment, or the AO with $1000 fine AS POTW itself, including interference or pass CL S through tSV}rSVI CP S Isolated, m ajor v iolation ( >150% o f any limit), AO with $250 fine AS little or no.harm AO with $500 fine AS -7- Type of Violation Appropriate Enforcement 4. Exceedance of local or federal standards. ERA. Officials Isolated, major violation, causing, either alone AO with $500 fine AS or in combination with other discharges, harm AO with $1000 fine AS to human health, the environment, or the CL S POTW itself, including interference or pass CP S through {SV}JSV1 ESJTSS S Repeated, minor /major violation, little or no AO with $500 fine AS harm {SV}JSVI AO with $1000 fine AS Repeated, minor /major violation, causing, AO with $1000 fine AS either alone or in combination with other CL S discharges, harm to human health, the CP S environment, or the POTW itself, including TSS S interference or pass through {SV1JSV1 5. Self - monitoring problems. Failure to monitor all pollutants as required by NOV PS permit (equipment installed) AO with $250 fine AS AO with $500 fine AS AO with $1000 fine AS Failure to install required monitoring AO with $500 fine AS equipment: AO with $1000 fine AS CL S Repeated failure to monitor all pollutants AO with $1000 fine AS (equipment installed) {SV }LSVI CL S CP S TSS S Repeated failure to install required monitoring AO with $1000 fine AS equipment {SV}JSV1 CL S CP S TSS S If 3 3% o f a II m easurements, o ver a ny s ix (6) AO with$500 fine AS month period, indicate a violation of the same AO with $1000 fine AS parameter's d aily I imit b y m ore than the TRC CL S (=1 4x for conventionals, =1.2x for heavy CP S metals and others) {JSVI TSS S -8- Type of Violation Appropriate Enforcement 5. Self- monitoring problems. ERA. Official If 6 6% o f a II m easurements, o ver a ny s ix (6) AO with $500 fine AS month period, indicate a violation of the same AO with $1000 fine AS parameter's daily limit by any amount CL S {sv}Jsvl CP S TSS S Failure to resample after a non - compliance AO with $500 fine AS sample {SV-}JSVl AO with $1000 fine AS CL S Tampering with any pretreatment, sampling, or ASO with $1000 fine AS monitoring equipment (no harm) {SV}JSV1 CL S CP S TSS S Tampering with any pretreatment, sampling, or CP `S monitoring equipment (harm) {SV}JSV' TSS S 6. Improper sampling technique. No evidense of intent: NOV PS AO with $250 fine AS AO with $500 fine AS AO with $1000 fine AS Repeated improper sampling AO with $500 fine AS AO with $1000 fine AS CL S CP S TSS S Evidence of intent {SV]JSV1 CP S 7. Failure to install pretreatment or monitoring equipment: Delay of < 30 days NOV PS AO with $500 fine AS AO with $1000 fine AS Delay of ? 30 but 545 days after notification. AO with $500 fine AS AO with $1000 fine AS. CL S -9- Type of Violation Appropriate Enforcement ERA. Official 7. Failure to install pretreatment or monitoring equipment: Delay of >45 days [5kum AO with $1000 fine AS CL S CP S TSS S Repeated violation {SVI(SVI AO with $1000 fine AS CL S CP S TSS S 8. Compliance schedules (in permit or AO). Missed milestone by < 30 days, or missing NOV PS milestone will not affect final milestone AO with $250 fine AS AO with $500 fine AS Missed m ilestone b y >_ 30 but <45 days after AO with $500 fine AS notification (no good reason for delay) AO with $1000 fine AS S Missed milestone by >45 days after notification AO with $1000 fine AS (no good reason for delay) {SV}JSV1 CL S CP S TSS S Repeated violation {SVIJSVl AO with $1000 fine AS 5 CL S CP S TSS S [Insert A] [Is this reference correct ?l 9. Compliance schedule in AO: Missed milestone by < 30 days, or missing NOV /stipulated AS milestone will not allow final milestone penalty Missed milestone by >30 but <45 days after NOV /stipulated AS notification (no good reason for delay) penalty Missed Milestone by >45 days after notification NOV /stipulated AS (no good reason for delay) {SV1JSV1 penalty CL S CP S TSS S -10- Type of Violation Appropriate Enforcement 9.Compliance schedule in AO. ERA. Official Repeated violation {81gJSVl CL S I CP S TSS S [Insert A] [Is this reference correct ?l 10. Wastestreams diluted in lieu of treatment: Initial violation NOV PS AO with $500 fine AS AO with $1000 fine AS Repeated v— iolation [SVIFSV1 AO with $1000 fine AS I CL S CP S TSS S 11. Failure to mitigate noncompliance or halt production. Does not result in harm NOV PS AO with $500 fine AS AO with $1000 fine AS Does result in harm AO with $1000 fine AS CL S Failure to mitigate continues after 45 days CL AS {SV]JSVI CP S TSS S 12. Failure to properly maintain and /or operate pretreatment facility (regardless of reason). Initial violation AO with $500 fine AS AO with $1000 fine AS Repeated violation {SVIJSVI AO with $1000 fine AS CL S CP S TSS S 13. Entry denial. Entry denied, consent withdrawn, or copying of AO with $1000 fine AS records denied (Obtain warrant and return) CL S {SV}JSVI I -11- Type of Violation Appropriate Enforcement 13. Entry denial. ERA. Official Repeated denial {SVIJSVI CL S CP S TSS S 14. Illegal discharge. No harm to POTW or environment: NOV PS AO with $500 fine AS AO with $1000 fine AS Harm to POTW or environment or evidence of AO with $500 fine AS intent and /or negligence {SVIJSVI AO with $1000 fine AS CL S CP S TSS S Repeated violation {SV }JSVI AO with $1000 fine AS CL S CP S TSS S 15. Improper sampling. Unintentionally sampling at incorrect location NOV PS AO with $250 fine AS AO with $500 fine AS Unintentionally using incorrect sample NOV PS techniques AO with $250 fine AS AO with $500 fine AS Repeated violation after POTW notification AO with $500 fine AS [SVIJSVI AO with $1000 fine AS CL S CP S 16. Inadequate recordkeepinq. Inspector finds files incomplete or missing (no NOV PS evidence of intent) AO with $250 fine AS AO with $500 fine AS Inspector finds files incomplete or missing AO with $1000 fine AS (evidence of intent) [SV}JSVI CL S Repeated violation {SV}JSVI AO with $1000 fine AS CL S CP S TSS S -12- Type of Violation Appropriate Enforcement 17. Failure to report additional monitoring. ERA. Official Initial violation NOV PS AO with $500 fine AS AO with $1000 fine AS Repeated violation {SV }JSVI AO with $1000 fine AS CL S CP S TSS S 18. Emergency actions implemented. Any violation of any effluent standard or AO with $1000 fine AS requirement which the City believes has CL S caused imminent danger to human welfare or CP S to the environment and has resulted in the City TSS S exercising its emergency authority to halt or prevent such discharge {SV }JSVI Timeframes for ERAs 1 All violations should be identified and documented, and initial telephone contact be made within five (5) working days of receiving compliance information and /or a report of laboratory analyses. 2. Written contact (including ERAs) with the noncompliant discharger should occur within fifteen (15) calendar days of detecting the violation 3. Follow -up actions for continuing violations of the same nature should be made within forty -five (45) calendar days of detecting the initial violation For any repeated violation, follow -up actions should proceed as in 1 and 2, above, except that ERAs will be elevated The ERAs for either a continuing or repeated violation should include both a strict compliance schedule and an elevated fine corresponding to the extent of the violation 4 All violations which are considered emergencies should be subject to immediate (as soon as possible) ERAs such as an injunction or emergency suspension /termination of sewer service -13- DESCRIPTION OF POSSIBLE ERAS The City's ERAs range from a Notice of Violation to an Emergency Suspension/Termination of Sewer Service ERAs and fines will always be escalated if a discharge violation continues or worsens Escalation will also occur when a noncompliant discharger is either not making a "good- faith" effort (described below) to correct a violation, or is flagrantly violating any section of the City's SUO In ascending order of severity, the most common ERAs available to the City are 1 Notice of Violation (NOV), 2 Administrative Orders with Fines z A Consent Order (Con -O), B Compliance Order (Com -O), C Cease and Desist Order (CDO), 3 Civil Litigation (CL) 4 Criminal Prosecution (CP), and 5 Emergency Suspension/Termination of Sewer Service ( ES/TSS) Although these ERAs are listed in order of severity, and as such normally would begin with a NOV, it is not absolutely necessary that any specific response precede another during application of this ERP For example, the City may be compelled to issue an ES/TSS without issuing a Tess severe ERA where the noncompliance threatens POTW operations, the environment, or human health In addition to the above mentioned typical ERAs, the City may utilize other various supplemental, I ess formal, responses to ensure compliance by a discharger violating the City's SUO These supplemental- enforcement response actions (SERAs) are • Public Notices, • Requiring Performance Bonds /Liability Insurance, • Increased Monitoring and, Reporting, • Case Referral to the Control /Approval Authorities, and • Participation in a Community Awareness Program -14- Jj_ n COMMON ERAS 1. Notice of Violation (SUO 7 65 180) The (NOV) is an official communication from the City informing the noncompliant discharger that an SUO violation has occurred The NOV is considered an appropriate initial response to any nonsignificant violation and may be the only response necessary to bring the noncompliant discharger into compliance in such situations However, in the case of a significant violation, an NOV need not be issued prior to either an (AO) or the pursuance of judicial remedies The following procedures apply when the City issues an NOV Authority to issue Usually the Pretreatment Specialist. When to issue As soon as possible upon detection of violation, but no later than fifteen (15) calendar business days after discovery of a violation How to write Use proper template and fill in the blanks Use City letterhead only How to issue Either send via certified mail or hand - deliver by issuing City pretreatment personnel POTW retains A signed copy of NOV along with certified mail receipt, or a signed statement by City pretreatment personnel who delivered it. These are to be placed in the discharger's file Response time limit: Ten (10) business days from receipt of NOV Response required A written explanation of the violation as well as a written plan, including time frames, for the satisfactory correction and prevention of such violation in the future The plan shall include any and all specific actions required by the City and shall be subject to its final approval POTW approval method If approval is immediate then City pretreatment personnel shall telephone said approval directly to an authorized representative of the respondent business However, if specific changes and /or additions are required, then City pretreatment personnel shall, within ten (10) business days, hand - deliver a letter outlining such changes and /or additions to an authorized representative of the respondent business If violation continues If the violation was nonsignificant, City pretreatment personnel shall send another NOV However, if violation was significant, or violation continues to occur after more than two NOVs have been sent, then escalate next ERA to either an AO with fine, or any of the more stringent ERAs -15- 2. Administrative Orders with Fine (SUO 7 65.190, .200, .210, .220) An Administrative Order (AO) is an ERA document which directs a noncompliant discharger to undertake or to cease specified activities The terms of an AO will normally include a fine and compliance schedule, the latter which may be negotiated with the discharger AOs with fines are generally recommended as the first formal ERA to any significant violation (unless judicial proceedings are more appropriate), or when an NOV has not prompted compliance to a non - significant violation The City will use three common types of AOs consent orders (Con -Os), compliance orders (Com -Os), and cease and desist orders (CDOs) Escalation to harsher AOs and larger fines shall be deemed appropriate and necessary when a discharger continues to be in violation, and /or violates any term of a previously issued AO (such as refusal to pay a fine or follow a compliance schedule) A fine is a monetary assessment by the City for violation of a SUO requirement or standard, and is highly recommended as an escalated ERA to be used in conjunction with an AO Fines are among the most effective ERAs to discharger noncompliance because they are assessed at the City's discretion The City Pretreatment Program's schedule of fines is based on three (3) "per- day -of- violation" rates $250, $500, a nd $1000 The amount of the fine appropriate for a given situation will be determined in accordance with four (4) factors • the type of noncompliance, • the potential impact to the City's POTW, the environment, or human health, • the violator's culpability, or "good faith ", and • the frequency of the violation The recommended fines listed in the "Summary of ERAs" section of this ERP manual have taken into account these four (4) factors Additionally, an Economic Benefit of Noncompliance (EBN) fine may also be calculated and assessed in those situations where the basic rate fines for noncompliance are significantly I ess than the costs o f achieving and maintaining compliance This additional EBN fine is extremely important for obtaining compliance from SIUs since SUO regulations and /or standards must not be ignored simply because it is cheaper to pay the basic fine These fines are intended to force t he d ischarger i nto compliance a nd a re n of related t o other i ncident- specific costs which may be borne by the City and assessed separately (such as maintenance, repair, and cleanup) The following procedures apply when the City issues any one of the following common types of AOs Con -Os, Com -Os, and CDOs Authority to issue The Wastewater Superintendent or the Assistant Superintendent. When to issue Immediately upon detection that: (1) any single NOV has not been responded to, (2) two or more consecutive non - significant NOVs have not produced a return to compliance, or (3) any single significant NOV has not produced a return to compliance -16- What to include CDO direction to comply forthwith w ith S UO r equirements a nd /or standards, and take such appropriate remedial or preventative action as may be needed, or required by the City, to properly address a continuing or threatened violation, including halting operations and terminating the wastewater discharge Con -O specific agreed -upon actions to be taken by the discharger to correct the noncompliance within a specified time period, together with an agreed -upon fine for past violations and stipulated penalty for any future violations of the Con -O, if appropriate Com -O notification 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, may also include such other requirements as might be necessary and appropriate to satisfactorily address the noncompliance, including the installation of approved pretreatment technology, additional self- monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer; may also include a fine for past violations and stipulated penalty for future violations of the Com -O, as appropriate How to write Use proper template and fill in the blanks Use City letterhead only How to issue Either send via certified mail or hand - deliver by issuing City pretreatment personnel POTW retains A signed copy of AO along with certified mail receipt, or a signed statement by actual City pretreatment personnel who delivered it. These are to be placed in the discharger's file Response time limit: Within time period specified by the AO Response required As specified by the AO POTW approval method As specified by the AO If violation continues If noncompliant discharger does not respond or violation continues or worsens, t hen e scalate to an AO w ith a higher fine and /or a more stringent ERA. -17- 3. Civil Litigation (SUO 7 65.340, .350, and 360) CL is the formal process of filing lawsuits against dischargers in order to secure court - ordered action to correct situations of noncompliance and to secure corresponding fines or reimbursements, including the recovery of costs incurred by the City due to noncompliance This ERA shall normally be pursued when • the corrective action required by the discharger is costly and complex, • the penalty to be assessed exceeds that stipulated in the ordinance, or • the discharger is considered to be recalcitrant and unwilling to cooperate CL is similar to CP in that it requires the full cooperation of the City Attorney and may result in court trials It requires, however, a less stringent burden of proof Successful CL will result in one or more of the following • signing of a Consent Decree (CD), • issuance of an injunction, and /or • recovery of civil penalties and costs Consent Decrees CDs are agreements between the City and a noncompliant discharger which have been reached after a lawsuit has been filed The decree must be signed by the judge assigned to the case to be legally binding CDs are used when the violator is willing to acknowledge and correct noncompliance, and both the City and the violator agree on the terms of compliance Injunctions Injunctions are court orders which direct a defendant to do something or to refrain from doing something The City should seek injunctive relief if the actions of the noncompliant discharger have or will result in irreparable harm to the City's POTW, the environment, or human health Normally a CDO should prevent a continued noncompliant discharge, however, if the discharger does not respond, injunctive relief should be sought at once Injunctions for halting or preventing noncompliant discharges are usually temporary in nature (that is, they have a fixed expiration date), but the City may also seek injunctions which have permanent effect. Civil Penalties & Cost Recovery As stated previously, CL may be necessary to impose civil enforcement and to recover other costs associated with noncompliance A successful civil suit should force the discharger to pay for all the expenses which the City incurred in responding to the noncompliance, including • restoration of the City's POTW facility or other involved equipment and /or structures, -18- • payment for medical treatment of a ny i njured persons a nd /or e mployees, and • indemnification of the City for any and all fines and /or legal actions assessed or brought against the City by federal, State, and /or private parties and which were due to the noncompliance The following procedures apply when the City commences CL Authority to commence The City Attorney with the Wastewater Superintendent civil litigation When to commence civil (1) In emergency situations where injunctive relief is litigation necessary to halt or prevent discharges which threaten human health, the environment, or the POTW and /or its collection system, (2) when efforts to restore compliance through cooperation with the noncompliant discharger have failed, and a court supervised settlement (CD) is necessary to enforce SUO requirements and /or standards, or (3) when necessary to impose civil enforcement and to recover any and all losses incurred due to the specific noncompliance Preliminary decisions Proper parties. Normally the City should name all the 'appropriate' parties in the complaint and allow the liability of each to be determined through the litigation process Reasons for bringing suit and amount of damages. The City needs to make the following determinations before commencing CL. (1) the provisions of its SUO and /or city issued permit which have allegedly been violated, (2) the monetary amount sought as recovery of damages, additional compliance monitoring costs, all attorney's fees p lus c ourt c osts, a nd a ny r eimbursement of fines levied upon the City by third parties, and finally (3) the appropriate amount of the penalties it wishes to recover How to commence civil The Wastewater Superintendent must first direct that this type of litigation ERA be taken Secondly, the City Attorney shall write, file, and direct the application of the ERA. Unfortunately, the length of time necessary to conclude the litigation process will vary from case to case The time -frame usually ranges from six (6) to twelve (12) months, however, the City may shorten this period if it settles the case. -19- 4. Criminal Prosecution (SUO 7.65.370 and .380) (CP) is the formal process of charging individuals and /or organizations with criminal violations of the City's SUO provisions that are punishable, upon conviction, by fines and /or imprisonment. The two major purposes of CP are • to regain compliance from noncompliant dischargers through established court proceedings, and • to determine continued or future noncompliance Criminal offenses are traditionally defined as either felonies or misdemeanors The two necessary elements for determining whether a crime has been committed are • an act in violation of the law, and • criminal intent or criminal negligence The following procedures apply when the City commences CP Authority to commence The City Attorney with the Wastewater Superintendent. criminal prosecution When to commence criminal When the City has evidence of noncompliance which shows a prosecution violation of the SUO, and criminal intent or criminal negligence Evidence of Criminal Act: Pretreatment CP defendants fall into two general categories A. Those defendants who choose to ignore the City's Pretreatment Program and SUO by disposing of wastes without authorization (midnight dumpers) Evidence for these violations includes, but is not limited to (1) variations in normal wastewater constituents, (2) third - party witnesses to the disposal act; (3) testimony from employees of the defendant; (4) discharge records (or explanations for their absence); and, (5) soil /water samples of the areas where the discharge /dumping occured B Those defendants who choose to conceal or misrepresent the extent of their pollutant discharges, allow their on -site pretreatment technology to deteriorate, or fail to prevent anticipated spills. Evidence for these violations includes, but is not limited to (1) records which intentionally gives an inaccurate representation of a discharger's processes or wastewater constituents, (2) on -site pretreatment technology that was outdated, and (3) spills that were either intentional or could have been prevented if adequate safeguards had been in place Evidence of criminal intent/ Assuming admissible evidence of a criminal act exists, the City negligence must also prove criminal intent or criminal negligence A person acts with criminal intent when he or she acts with the objective or purpose to accomplish a result which constitutes a crime A person acts with criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the -20- standard of care a reasonable person would e xercise i n t he s ame situation Preliminary decisions Proper parties. Normally the City should name all the 'appropriate' parties in the complaint and allow the liability of each to be determined through the litigation process Reasons for bringing suit: The City needs to make the following determinations before commencing the CP (1) the provisions of its SUO and /or city issued permit which have been violated, (2) the sufficiency of its evidence to establish the violation and criminal intent/criminal negligence, and (3) the penalty and /or prison sentence it would recommend How to commence criminal The City Attorney must write, file, and direct this type of ERA. Length of time necessary to conclude entire litigation process will vary from case to case, due to the possibility of appeals by either the defendant or prosecutor 5 Emergency Suspension/Termination of Sewer Service (SUO 7 65.240 and .250) Emergency Suspension/Termination of Sewer Service ( ES/TSS) is the revocation of a discharger's privilege to discharge to the City's POTW Unlike CL and CP, an ES/TSS is an administrative ERA which can be implemented directly by the City at its discretion An ES/TSS may be accomplished by either • physical severance of the noncompliant discharger's connection to the collection system, • issuance of an AO which, compels the noncompliant discharger to terminate its discharge, or • a court ruling Since an ES/TSS may force discharger to halt production and may force closure, the City must carefully consider all of the legal and operational implications of an ES/TSS before using this ERA An ES/TSS may be used as an initial ERA, along with an NOV, to a discharge which causes or threatens to cause an emergency situation (e g threat to human health, the environment, or the City's POTW) However, it is more frequently used as an escalated ERA to a very significant violation when other ERAs have failed to bring the violator into compliance Authority to issue The Wastewater Superintendent (in consultation with the City Attorney) When to issue When the City must act immediately to halt or prevent a discharge which presents an emergency (e g threat to human health, the environment, or the POTW), or when the noncompliant discharger has not responded adequately to previous ERAs How to write Use proper template and fill in the blanks Use City letterhead only How to issue Hand - deliver by issuing City pretreatment personnel -21- POTW retains A signed copy of a Notice of Emergency Suspension/Termination of Sewer Service (ES/TSS) along with a signed statement by actual City pretreatment personnel who delivered it. These are to be placed in the discharger's file Response time limit: Emergency Suspension the discharger notified of an ES/TSS shall cease immediately all wastewater discharges In the event the discharger fails to comply immediately, the City may terminate sewer service at five (5) p.m on the same day of receipt of ES/TSS Termination after all appeals or appeal periods have ended How to terminate There are three basic methods to terminate sewer service (1) physically sever (or plug) the connection to the POTW's collection system, (2) revoke the discharge permit; or (3) issue a Cease and Desist Order (CADO), Severing the connection may be very effective but may also be costly to install or remove, whereas revoking discharge permits or issuing CADO's are easily reversible but rely on the discharger to carry out the POTW directives -22- SUPPLEMENTAL ENFORCEMENT RESPONSE ACTIONS (SERAs) SERAs to complement the more traditional ERAs described above SERAs are usually low -cost and are designed to reinforce the compliance obligations of dischargers The application of these SERAs will be determined on an individual basis SERAs are organized into two categories t hose which require legal authority from the SUO and those which do not. Relying on legal authority is advisable when the ERA requires the discharger to pay fees or to take particular actions 1 SERAs Which Require Legal Authority Public Notices Section 7 65 280 of the City SUO requires the City to publish, at least annually, a list of dischargers which were in significant noncompliance with applicable SUO standards and /or requirements The publication of this list is intended to deter dischargers from committing and /or continuing pretreatment violations It also satisfies the public's right to know of noncompliant discharges affecting human health, the environment or the POTW, and of the additional expenditure of public funds to bring into compliance and mitigate any damages caused by such discharges Publishing the names of noncompliant dischargers raises the prospect of libel suits However, legal authority exists for such publication of public notices and should therefore discourage such suits Additionally, it is recommended that any remedial action taken by the noncompliant discharger be published along with the violation The public notice should also explain the mitigating circumstances surrounding the violation, such as • current compliance status, • methods being used to attain compliance, • type and severity of the violation, and • duration of the violation The public notice should be placed in the legal notices section of the largest local daily newspaper of general circulation Placement in the forward section of the newspaper may result in a significantly larger readership and greater effectiveness Performance Bonds /Liability Insurance Section 7 65 290 of the City's SUO authorizes the City to require, usually through a Administrative Order or as part of a Consent Agreement, that a discharger obtain a performance bond and /or liability insurance covering expenses which the POTW might incur in the event of future violations 2 SERAs Which Do Not Require Legal Authority -23- Increased Monitoring and Reporting Generally, dischargers demonstrating a history of noncompliance should be subject to increased surveillance by the City and be required to perform additional self- monitoring until the violation has been corrected and consistent compliance subsequently demonstrated The resulting increased surveillance and more stringent and costly self - monitoring requirements should provide a powerful incentive for the noncompliant discharger to return to compliance It is important to realize that the requirement to monitor more frequently must not be "open- ended" and should automatically terminate on a specific date or when a specific contingency has been satisfied ( such as correction of the violation) In addition, the frequency of the discharger's reporting schedule must be increased to coincide with the increased self- monitoring requirements The City will require that, if the discharger fails to complete the required amount of self - monitoring, the discharger shall perform three times said amount of monitoring during the next consecutive month If the discharger knows that the self- monitoring data will not be forthcoming, the discharger shall notify the City in advance of the due date City pretreatment personnel should then require the discharger to send a letter explaining the reason for the missing data and also indicating that the triple self- monitoring will be performed in the next consecutive month If the discharger notifies the City properly and also performs the increased self- monitoring, no ERA will be required If, however, there is no prior notification and /or no completion of the increased self- monitoring requirement, then an ERA is mandatory Case Referral to EPA/WDOE. Cooperation with the federal (EPA) and the Washington State Department of Ecology (WDOE) in ERAs provides the City with ERA training (both investigatory and legal) and increases the legal leverage that can be placed on noncompliant dischargers Such cooperation should result in more constructive public relations and a more effective City Pretreatment Program Therefore, the City retains the right to refer a violation case to the EPA and /or WDOE when the City finds it impossible to ensure a particular discharger's compliance A violator may be able to withstand the City's $1,000 per day maximum fine for a considerable time, however, the violator may not wish to be subject to the substantially greater per -day fines available to the EPA and /or WDOE The Clean Water Act allows EPA to seek civil penalties of up to a maximum of $25,000 per day, with criminal penalties up to $1,000,000 and /or 15 years imprisonment, whereas the WDOE can seek a maximum fine of $10,000 00 per day -24- Community Awareness Program The City's Pretreatment Program has established a "Pretreatment Quarterly" newsletter which is distributed to the City's SIUs, Minor Industrial Users (MIUs), and other specific community individuals /organizations which may be interested in or affected by the City's SUO This newsletter will contain up -to -date information concerning federal, state, and local pretreatment legislation, ERAs, and glimpses of new products related to the pretreatment of industrial wastewater APPROPRIATE ENFORCEMENT RESPONSE ACTION DETERMINING FACTORS Magnitude of the Violation Violations may range from the relatively minor (i e , reports submitted a week late, or numerical pretreatment standards and /or requirements exceeded by 5 %) to quite serious (i e , reports submitted months late, refusal to submit reports, or numerical pretreatment standards and /or requirements exceeded by greater than 50 %) The extent of the violation should be a important factor in determining the best ERA If a periodic report is late by a week or so, a simple phone call may be sufficient to ensure compliance On the other hand, a single serious violation of a reporting requirement or numerical standard could be a signal of a significant compliance problem Such problems could be due to a decline in personnel commitment toward pretreatment obligations, or they could be the result of equipment failures or overdue maintenance A full explanation of the cause of any violation should be obtained before the appropriate ERA can be determined Apparent "Good Faith" of the Responsible Discharger The City should take into account the "good faith" efforts of a discharger to comply with pretreatment requirements and /or standards Good faith does not, however, eliminate the neccessity of an enforcement action "Good faith" may be defined as the user's honest intention to remedy it's noncompliance, coupled with actions which give support to this intention "Good faith" must be measured against the following standard expressed by Congress in the Legislative History of the Clean Water Act (No 95 -14, Vol 3, p 463) "The Act requires industry to take extraordinary efforts if the vital and ambitious goals of the Congress are to be met. This means that business -as -usual is not enough Prompt, vigorous, and in many cases expensive pollution control measures must be initiated and completed as promptly as possible In assessing the good faith of a discharger, the discharger is to be judged against these criteria Moreover, it is an established principle, which applies to this act, that administrative and judicial review are sought on the discharger's own time " Thus, if a discharger deliberately refuses to comply with pretreatment requirements and standards, stalls in complying, or challenges the City's efforts to require compliance, it will not be considered to be acting in "good faith" On the other hand, if a discharger tries promptly to comply, it may be considered to be acting in "good faith" -25- To make sure all dischargers are treated equitably, the City will use the criteria listed below in determining whether a discharger is acting in "good faith" • Dischargers should make requests for extensions as soon as they are aware that a deadline will not be met. • When requesting a first extension, the discharger must contact the City at least a week in advance of the compliance deadline, and not have a record of repeatedly requesting extensions or chronically missing deadlines City pretreatment personnel may approve the first extension • When requesting a second extension, the discharger must contact the City at least two weeks in advance of the compliance deadline The Wastewater Superintendent or Assistant Superintendent must approve the second extension • When requesting subsequent extensions, the extension must be requested as soon as the company is aware the compliance deadline will not be met, but in no case less than two weeks in advance The Wastewater Superintendent or Assistant Superintendent must approve subsequent extensions Except in extreme circumstances, these requests are likely to be denied Violation Duration and History of Past Violations The C ity should bring more serious ERAs against a discharger who has a history of recurring violations or whose violations persist over prolonged periods of time In such cases, the City should seek specific explanations concerning the cause of the frequent or persistent violations, apply increased fines, and seek specific commitments from the discharger by means of a Com -O Noncompliance Affecting POTW Treatment System Performance The City should bring more serious ERAs against a discharger whose discharge is contributing to the POTW's inability to meet its NPDES permit limitations Noncompliance Affecting Receiving Water or Sludge Quality A discharger whose discharge is contributing to adverse effects on receiving water or the POTW's sludge should also be a candidate for a more serious ERA. Pollutant Type Sometimes the type of pollutant associated with discharge violations of the City's pretreatment standards and /or requirements is a significant factor in the determination of an ERA. Thus, if a discharger is late in complying with a highly toxic pollutant standard and /or requirement, it would merit a h igher p riority t han a nother d ischarger who is late in complying with a conventional pollutant. -26-